Termeni și condiții: Oaspeți
Versiunea 1.2
Aceasta este versiunea 1.2. Data intrării în vigoare nu a fost încă stabilită. Aceasta este versiunea actuală.
Documentul „Terms of Service: Guests” este afișat în limba engleză. Textul în limba engleză este versiunea cu caracter obligatoriu. Traducere în bulgară
Version: 1.2
Date of publication: [date]
Date of entry into force: [date]
Important: please read before you continue. Ostany is an online intermediation platform. We do not offer accommodation and we are not a party to the accommodation contract that you enter into. The accommodation contract is concluded directly between you and the Host. These Guest Terms govern the relationship between you and [COMPANY] in connection with your use of the Platform. The Platform charges you no service fee: the price you see as early as the search results is the price you pay through the Platform, and a tourist tax that the Host collects on site is shown separately (Articles 13(2) and 17(4)). (For Bookings made under a previous version of the Fee Schedule that provided for a 3 % Service Fee, that fee is refunded on cancellation in accordance with Article 17.)
We draw your attention in particular to: Article 6 (what the Platform is not), Article 22 (where you book accommodation for specific dates you have no statutory right of withdrawal), Articles 32–35 (damage to the Property), Article 47 (limitations of our liability) and Article 53 (dispute resolution). The Platform does not take responsibility for any loss of or damage to a Property and does not compensate, insure or guarantee against it: damage to a Property is a matter between you and the Host. The Platform only administers the Damage Report procedure, under which an amount of up to EUR 500 per Booking may be collected from your payment instrument (Articles 32–35 and 47(7)).
SECTION I. GENERAL PROVISIONS
Article 1. Service provider details
(1) The Ostany Platform, accessible at [domain] and through the [name] mobile application, is provided by:
Name: [FULL LEGAL NAME INCLUDING LEGAL FORM]
UIC (Unified Identification Code): [UIC]
Registered seat and address of management: [address]
Correspondence address: [address]
E-mail: [email]
Telephone: [telephone]
Represented by: [name], managing director
VAT registration: [BG…]
(2) Supervisory authorities:
Commission for Consumer Protection (Komisia za zashtita na potrebitelite, "CCP"): Sofia 1000, 4A Slaveykov Sq., floors 3, 4 and 6; tel. 0700 111 22; www.kzp.bg
Commission for Personal Data Protection (Komisia za zashtita na lichnite danni, "CPDP"): Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.; tel. 02/915 3518; www.cpdp.bg
Communications Regulation Commission (Komisia za regulirane na saobshteniyata, "CRC"): Digital Services Coordinator under Article 49 of Regulation (EU) 2022/2065; www.crc.bg
Ministry of Tourism: for matters relating to the Bulgarian Tourism Act (Zakon za turizma, "TA"); www.tourism.government.bg
For Properties located in the territory of the Hellenic Republic, the following authorities are also competent:
Ανεξάρτητη Αρχή Δημοσίων Εσόδων (Α.Α.Δ.Ε. / Anexartiti Archi Dimosion Esodon, the Greek Independent Authority for Public Revenue): the authority that maintains the registry of properties used for short-term accommodation; www.aade.gr
Συνήγορος του Καταναλωτή (Synigoros tou Katanaloti, the Greek Consumer's Ombudsman): an alternative consumer dispute resolution body; Λ. Αλεξάνδρας 144, 114 71 Αθήνα (L. Alexandras 144, 114 71 Athina); tel. +30 210 6460862; grammateia@synigoroskatanaloti.gr; www.synigoroskatanaloti.gr
Γενική Γραμματεία Εμπορίου (Geniki Grammateia Emporiou, the Greek General Secretariat for Commerce) at the Υπουργείο Ανάπτυξης (Ypourgeio Anaptyxis, the Greek Ministry of Development): the Greek consumer protection authority; Πλατεία Κάνιγγος, 101 81 Αθήνα (Plateia Kaningos, 101 81 Athina); consumer line 1520; kataggelies.mindev.gov.gr
Ε.Ε.Τ.Τ. (Εθνική Επιτροπή Τηλεπικοινωνιών και Ταχυδρομείων / Ethniki Epitropi Tilepikoinonion kai Tachydromeion, the Greek National Telecommunications and Post Commission): Digital Services Coordinator for Greece under Greek Law 5099/2024; www.eett.gr
Αρχή Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Archi Prostasias Dedomenon Prosopikou Charaktira, the Greek Data Protection Authority): the supervisory authority for personal data protection; Κηφισίας 1-3, 115 23 Αθήνα (Kifisias 1-3, 115 23 Athina); contact@dpa.gr; www.dpa.gr
(3) Single point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act): [DSA email]. Languages of communication: Bulgarian, English and Greek.
Article 2. Subject matter and scope
(1) These Guest Terms (the "Terms") govern the relationship between [COMPANY] (the "Platform", "we") and any natural person who uses the Platform in order to search for and book accommodation (the "Guest", "you").
(2) The Terms apply to the contract between you and the Platform for the use of the Platform's services. They do not govern the accommodation contract between you and the Host; that contract is governed by the conditions of the specific listing, the Cancellation Policy selected and the applicable law.
(3) The following documents, published on the Platform and incorporated herein by this reference, form an integral part of the Terms:
the Privacy Policy;
the Cookie Policy;
the Cancellation Policy;
the Content and Moderation Policy;
the Host Terms, only in so far as they govern the general mechanics of booking, payment and damage; they are available at [link] and are provided to you on a durable medium before your first Booking is confirmed.
(4) In the event of a conflict between the Terms and any of the documents listed in paragraph 3, the specific document prevails on the matter it governs. In the event of a conflict between the Terms and terms individually negotiated between you and the Platform, the individually negotiated terms prevail (Article 298(3) of the Bulgarian Commerce Act (Targovski zakon, "CA")).
Article 3. Definitions
For the purposes of these Terms:
"Platform": the website [domain], the mobile application and all related technical facilities through which Hosts publish listings and Guests search for and book accommodation.
"Listing": the offer of accommodation in a specific Property published by the Host, including the description, photographs, price, availability, house rules and Cancellation Policy.
"Property": the accommodation that is the subject of the Listing.
"Host": a person who offers a Property for short-term accommodation through the Platform, whether acting as a trader or as a natural person outside the scope of a trade, business, craft or profession.
"Guest": a person who books or uses accommodation through the Platform.
"Booking": the accommodation contract concluded directly between the Guest and the Host through the Platform.
"Service Fee": the platform charge payable by the Guest where the Fee Schedule provides for one, inclusive of value added tax. The current Fee Schedule sets the Service Fee at 0: no service fee is charged; references to the Service Fee in these Terms apply to Bookings made under a previous version that provided for one.
"Total Price": the sum of the accommodation price for the entire stay, all mandatory Host fees, the Service Fee and all applicable taxes and tourist charges, that is, the final amount payable by you. The Platform does not collect, charge, refund or remit the tourist tax or any equivalent tax or levy (Article 30(2)). A tourist tax or equivalent levy that the Host collects on site is paid to the Host on site and not through the Platform: wherever these Terms, the Host Terms or the Cancellation Policy provide for the Total Price to be paid to, or collected, refunded or paid out by, the Platform, that tax or levy is not included in it.
"Cancellation Policy": the cancellation rules applicable to the specific Booking, selected by the Host from the templates offered by the Platform or determined by the Host independently.
"Mollie": Mollie B.V., an electronic money institution licensed and supervised by De Nederlandsche Bank, through which payments on the Platform are processed.
"Payout": the remittance to the Host of the amount due to it after deduction of the Commission and of the other amounts payable by it under the Host Terms.
"Damage Report": a Host's claim for compensation under the procedure set out in Articles 32–35.
"Content": any text, image, video, review, rating, message or other material published or transmitted through the Platform.
"DSA": Regulation (EU) 2022/2065 on a Single Market for Digital Services.
"Short-term Rental Regulation": Regulation (EU) 2024/1028 on data collection and sharing relating to short-term accommodation rental services, applicable from 20 May 2026.
Article 4. Acceptance of the Terms and binding effect
(1) The Terms become binding on you when, on registration or when making a Booking, you expressly declare that you accept them by ticking the box provided for that purpose. The box is not pre-ticked.
(2) Acceptance under paragraph 1 constitutes an electronic statement within the meaning of Article 2 of the Bulgarian Electronic Document and Electronic Trust Services Act (Zakon za elektronniya dokument i elektronnite udostoveritelni uslugi, "EDETSA"). Pursuant to Article 3 EDETSA, the written form is deemed to be complied with and the requirement of Article 298(1)(1) CA is satisfied.
(3) The parties expressly agree, within the meaning of Article 13(4) EDETSA, that an electronic signature (including the ticking of a box, confirmation by e-mail and the entry of a one-time code) has the legal effect of a handwritten signature in their mutual relations.
(4) On each acceptance the Platform records: your identifier, the exact time of acceptance, the IP address, the version of the Terms accepted and a cryptographic hash (SHA-256) of their text. These records serve to prove which version you accepted.
(5) The Platform provides you with the full text of the Terms by e-mail on registration and on each Booking, in a format that allows storage and reproduction (Article 9 of the Bulgarian E-Commerce Act (Zakon za elektronnata targoviya, "ECA") and Article 147a(1) of the Bulgarian Consumer Protection Act (Zakon za zashtita na potrebitelite, "CPA")).
(6) All current and previous versions of the Terms, together with their respective periods of validity, are available in the archive at [link].
(7) This Article also gives effect to the requirements of Article 147a CPA. The record referred to in paragraph 4 serves to prove your consent and the provision of the full text, the burden of that proof lying with the Platform (Article 147a(4) CPA).
Article 5. Requirements applicable to Guests
(1) In order to use the Platform as a registered user you must be at least 18 years of age and have full legal capacity.
(2) If you book for a group, you are responsible for compliance with these Terms and with the house rules of the Property by all persons you accommodate, and you are liable for their acts as for your own.
(3) If minors will take part in the stay, you declare that you are their parent, guardian or custodian, or that you have their consent, and you are responsible for them throughout the stay.
SECTION II. THE ROLE OF THE PLATFORM
Article 6. The Platform as an intermediary
(1) The Platform provides a technology service that enables Hosts to publish Listings and Guests to find, compare and book them. The Platform acts as an intermediary in the name and for the account of another person.
(2) The Platform is not, and does not become, a party to the accommodation contract between the Guest and the Host. That contract is concluded directly between you and the Host at the moment specified in Article 16.
(3) The Platform does not own, manage, control or offer the Properties and does not provide accommodation services.
(4) The Platform is not:
a tour operator or travel agent, and it does not organise or sell package travel or linked travel arrangements within the meaning of Directive (EU) 2015/2302 and of the TA. The Platform does not combine accommodation with other travel services for an inclusive price, does not offer it under the designation "package" or a similar designation, and does not transfer your personal data to another trader for the purpose of booking additional travel services;
a real estate agent, and it does not act as an intermediary in real estate transactions;
an insurer or insurance intermediary;
a payment service provider (see Article 20);
an employer, partner or representative of the Host, save for the limited authorisation to accept payments under Article 19(3).
(5) The Platform does not control or guarantee the existence, quality, safety, suitability, conformity with the description or lawfulness of the Properties, nor the truthfulness or accuracy of the Content provided by Hosts and other users. This does not exclude the Platform's liability under Article 47 for its own acts and omissions.
(6) A reference to a "verified" Host, Property or profile means only that a particular verification or identification procedure has been completed, and nothing more. It is not a guarantee of past or future conduct.
Article 7. The Host's status: trader or non-trader
(1) In accordance with Article 47a CPA and Article 6a of Directive 2011/83/EU, for each Listing the Platform indicates whether the Host has declared that it is acting as a trader or not.
(2) The indication is based on the Host's own declaration. The Platform verifies the declaration by consulting public registers and by requesting documents where appropriate, but does not guarantee its accuracy beyond the checks carried out.
(3) If the Host has declared that it is NOT a trader, consumer protection legislation, including the CPA and Directive 2011/83/EU, does NOT apply to the accommodation contract between you and that Host. In such a case your relationship is governed by the Bulgarian Obligations and Contracts Act (Zakon za zadalzheniyata i dogovorite, "OCA") and by what is agreed in the Listing.
(4) The protection afforded to you by these Terms and by applicable consumer law as against the Platform is unaffected by the Host's status.
(5) Obligations are allocated between the Platform and the Host as follows:
| Obligation | Borne by |
| Provision and maintenance of the Platform, search, booking process | The Platform |
| Accuracy and completeness of the Listing, photographs, description, amenities | The Host |
| Availability of the Property and admission to it | The Host |
| Quality, safety and condition of the Property | The Host |
| Registration/categorisation of the Property under the TA | The Host |
| Registration of accommodated persons and submission of data to ESTI | The Host |
| Collection, declaration and payment of the tourist tax; declaration and payment of income taxes | The Host (the Platform does not collect or remit the tourist tax) |
| Accepting payment and remitting it to the Host | The Platform, through Mollie, as agent of the Host |
| Handling Damage Reports | The Platform |
| Content moderation and DSA measures | The Platform |
Article 8. Artificial intelligence
(1) The Platform uses artificial intelligence systems for: the ranking and recommendation of Listings in search results; the automated detection of fraud and abuse; the automated moderation of Content; and the automatic translation of the texts of Listings and reviews into the language in which you use the Platform. At the request of a Host, the Platform also uses them to import a Listing from another platform, to suggest the occasions for which a Listing is suited and to draft the description of a Listing (paragraph 2).
(2) The Platform does not provide an automated assistant (chatbot). Hosts may use an optional writing assistant based on artificial intelligence which, at the request of the Host or of a person who manages the Listing on the Host's behalf, drafts the description of a Listing from the details entered in the Listing. A draft is never published automatically: the Host must review it and correct it where necessary before saving it and, by saving it, adopts the description as its own Content, for which the Host is responsible in the same way as for any other Content of the Listing; such descriptions therefore carry no separate visible label. Where a translation is available, the Platform automatically translates the texts of Listings and reviews into the language in which you use the Platform; automatically translated Content is labelled as such, and you can display the original text at any time. Should an automated assistant be introduced, the Platform will notify you in advance, and communication with it will be indicated clearly and visibly before the conversation begins.
(3) Where automated means are used in taking a decision that significantly affects you (for example restricting or terminating your access), Articles 41 and 42 apply and, as regards personal data, your rights under Article 22 of Regulation (EU) 2016/679, including the right to human intervention.
SECTION III. ACCOUNT
Article 9. Registration
(1) The Platform may be browsed without registration. Making a Booking requires registration or the provision of the data necessary to conclude and perform the contract.
(2) On registration you provide true, accurate and complete information and keep it up to date. It is prohibited to create more than one account per person, except with the express consent of the Platform, and to use another person's identity.
(3) The account is personal and non-transferable. You are responsible for safeguarding your password and for all activity carried out through your account.
(4) If you suspect unauthorised access you must notify the Platform without delay at [email].
Article 10. Verification checks
(1) The Platform is entitled, but not obliged, to the extent permitted by applicable law, to: request an identity document or other information; carry out identity verification checks; and cross-check the data provided against public registers and third-party fraud-prevention databases.
(2) Refusal to provide requested information may result in the restriction or refusal of access to certain functionalities.
(3) The processing of personal data in the course of such checks is described in the Privacy Policy.
SECTION IV. SEARCH, RANKING AND RECOMMENDATIONS
Article 11. Main parameters determining ranking
(1) The order in which Listings appear in search results depends on the following main parameters, listed in descending order of relative importance:
Parameters of your search: destination, dates, number of guests, price range, filters selected;
Characteristics of the Listing: location relative to the destination searched, price relative to comparable Properties, availability for the period searched, completeness and quality of the description and photographs, number and rating of reviews, type and category of the Property;
Quality of the Host's service: request acceptance rate, response speed, cancellation history, number of substantiated complaints;
Host requirements: minimum and maximum length of stay, advance booking period;
Your preferences and history: previous bookings, Listings viewed and saved, your recent searches;
Length of time the Listing has been present on the Platform: Listings with an accumulated track record receive a slight priority over newly created ones.
(2) Paid promotion. Hosts may pay for more prominent placement of their Listings. Promoted Listings are clearly labelled "Promoted Listing". Outside expressly labelled promoted placements, direct or indirect remuneration does not influence ranking.
(3) A full description of the ranking parameters, including their relative weight, is available on a separate page, "How ranking works" ([link]), directly accessible from the search results page.
(4) The Platform displays only Listings of Hosts with whom it has a contractual relationship. The results do not constitute a comprehensive overview of all accommodation available on the market.
Article 12. Recommender systems
(1) The Platform uses content recommender systems in order to show you Listings likely to be of interest. They take into account your own activity on the Platform while signed in: the Listings you have viewed (how often and how recently), the searches you have made (city, price range, number of guests, property type, amenities), the Listings you have saved, and your previous Bookings and the ratings you gave them.
(2) You may switch off personalised recommendations at any time in Account settings, under Privacy, using the "Personalised recommendations" switch ([link]). In that case Listings are ordered according to non-personalised criteria, and the Listings you view and the searches you make are not recorded for personalisation. Switching it off also deletes the stored record of the Listings you viewed and the searches you made; your saved Listings and Bookings are kept for their own purposes.
SECTION V. BOOKING
Article 13. Pre-contractual information
(1) Before you become bound by a Booking, the Platform provides you, in a clear and comprehensible manner, with: the main characteristics of the Property; the identity and status of the Host; the Total Price inclusive of all taxes and fees; the payment terms; the applicable Cancellation Policy; the information referred to in Article 22 concerning the right of withdrawal; and any other information required by Articles 47 and 47a CPA.
(2) Prohibition of hidden fees. All mandatory charges (including cleaning fees and extra guest fees) are included in the Total Price displayed before confirmation. Charges payable on site, including a tourist tax that the Host collects on site, must be indicated by the Host expressly and separately in the Listing before booking. For a Property in the Republic of Bulgaria, before you confirm the Booking, the Platform shows you the amount of a tourist tax that the Host collects on site for your Booking (the rate stated by the Host multiplied by the number of persons under the Booking, infants not included, and by the number of nights) and the Total Price, which includes it, split into the part you pay through the Platform and the part you pay to the Host on site; where the Host has included an amount for the tourist tax in the accommodation price, the Platform shows you the amount that the price includes. The Platform does not collect the tourist tax (Article 30(2)).
Article 14. Registration Number of the Property
(1) In accordance with Regulation (EU) 2024/1028 and Article 113(3) TA, only Properties that are categorised or registered under the applicable national regime are published on the Platform.
(2) Each Listing for a Property located in an area where a registration or categorisation regime has been introduced (including all properties in the territory of the Republic of Bulgaria and of the Hellenic Republic) contains the Registration Number of the Property, which is displayed as part of the Listing.
(3) The Registration Number is maintained in a different register depending on the country in which the Property is located:
| Country | Register | Number |
| Republic of Bulgaria | National Tourism Register / the mayor's register under Article 113 TA | Certificate of categorisation or registration |
| Hellenic Republic | Μητρώο Ακινήτων Βραχυχρόνιας Διαμονής (Mitroo Akiniton Vrachychronias Diamonis, the Greek Short-Term Rental Property Registry), maintained by Α.Α.Δ.Ε. | Α.Μ.Α.: Αριθμός Μητρώου Ακινήτου (Arithmos Mitroou Akinitou, the Greek property registry number; 11 digits); for properties holding a Ειδικό Σήμα Λειτουργίας (Eidiko Sima Leitourgias, the Greek special operating licence), a ΜΗ.Τ.Ε. number (Μητρώο Τουριστικών Επιχειρήσεων, the Greek Register of Tourism Enterprises) is published |
(4) The Platform carries out regular random checks of Hosts' declarations and of the validity of Registration Numbers, and deactivates Listings with a missing, invalid, suspended or withdrawn number.
(5) If you notice that a published Registration Number is invalid or misleading, you may notify us at [email] or through the mechanism set out in Article 40.
Article 15. Steps for concluding a Booking
(1) A Booking is concluded through the following technical steps:
selection of Property, dates and number of guests;
review of the breakdown of the Total Price, including the part paid through the Platform and any part paid to the Host on site, and of the Cancellation Policy;
entry of the Guest's details and selection of a payment method;
a review and confirmation page on which you may check and correct all data entered;
clicking the "Book and pay" button, which constitutes a binding request;
acceptance by the Host, where the Listing is not an instant-booking Listing;
dispatch of a confirmation by e-mail.
(2) Up to step 5 you may correct any information entered using the "back" buttons. After confirmation, corrections are made by modifying the Booking under Article 18 or by cancelling it.
(3) The Platform acknowledges receipt of your request electronically without undue delay (Article 10 ECA).
Article 16. Moment of conclusion of the accommodation contract
(1) The accommodation contract is deemed concluded directly between you and the Host at the moment you receive confirmation of the Booking.
(2) For instant-booking Listings the contract is concluded at the moment of successful payment. For Listings requiring approval, the contract is concluded at the moment the Host accepts the request.
(3) If the Host does not accept the request within the period stated in the Listing, or rejects it, no contract is concluded and all blocked or debited amounts are released or refunded within 5 business days.
(4) By concluding the Booking you accept the house rules of the Property set out in the Listing, in so far as they do not conflict with mandatory rules of law and with these Terms.
Article 17. Total Price and fees
(1) Total Price. All prices are quoted in euro (EUR) inclusive of taxes, other than a tourist tax that the Host collects on site, which is shown separately (paragraph 4 and Article 13(2)). The Total Price comprises: the accommodation price for the entire stay; the Host's mandatory fees; the Service Fee; and applicable taxes and tourist charges. The Platform does not charge, collect, refund or remit the tourist tax or any equivalent tax or levy (Article 3(8) and Article 30(2)).
(2) Dual display. For consumers in the Republic of Bulgaria and for prices displayed in Bulgarian lev, until 8 August 2026 prices are displayed simultaneously in euro and in lev at the official fixed rate of EUR 1 = BGN 1.95583, in typeface of equivalent size and in immediate proximity to each other.
(3) Guest Service Fee. The Platform charges the Guest no Service Fee. For Bookings concluded under a previous version of the Fee Schedule that provided for a Service Fee of 3 %, that fee remains governed by the version in force at the time of the Booking, including its refund rules under paragraph 5.
(4) Transparency. The price displayed in the search results is the price payable through the Platform; for a Property in the Republic of Bulgaria where the Host collects the tourist tax on site, the result says so, and the Listing states its rate. No mandatory platform charge is added at any later stage of the booking process.
(5) Refundability of the Service Fee. The Service Fee is refunded as follows:
in full: where the Host cancels; where a Booking Issue report under Article 27 is upheld; in the case of Extenuating Circumstances under Article 27; where the Platform cancels, save under Article 45(2); and where cancellation occurs within 24 hours of booking and the applicable Cancellation Policy provides for a full refund of the price;
proportionately to the refunded part of the accommodation price: where you cancel under the applicable Cancellation Policy;
in full or in part at the Platform's discretion: in other cases as well, where the Host has approved the cancellation or where there is a valid reason for it. The discretion under this point is exercised solely in your favour and may not result in the retention of amounts that are refundable under points 1 and 2.
(6) Host Commission. The Platform charges the Host a separate Commission in accordance with the Fee Schedule. The Commission is not payable by you and is not added to the Total Price.
(7) Τέλος Ανθεκτικότητας στην Κλιματική Κρίση. For Properties in the Hellenic Republic, the Τέλος Ανθεκτικότητας στην Κλιματική Κρίση (Τ.Α.Κ.Κ., the Greek Climate Crisis Resilience Fee) is due, as introduced by Greek Law 5073/2023 and updated by Article 24 of Greek Law 5162/2024. The fee is payable by the Guest but is collected and remitted by the Host. For short-term accommodation the amount is EUR 8.00 per night from April to October and EUR 2.00 per night from November to March, and for single-family houses of more than 80 sq.m, EUR 15.00 and EUR 4.00 per night respectively. The Platform does not collect, charge, refund or remit the fee. The Host must indicate in the Listing, before the Booking is confirmed, how it collects the fee, and must issue a separate document for it (Article 30(3)); Article 30(2) applies to the fee mutatis mutandis.
(8) Currency. If you choose to pay in a currency other than the currency of the Listing, the amount displayed is calculated at an exchange rate determined by the Platform or by Mollie, and this is disclosed before confirmation together with the mark-up applied over the reference exchange rate of the European Central Bank. The issuer of your payment instrument may apply its own charges, for which the Platform is not responsible.
(9) Manifest errors. If the price or another material element of a Listing contains an error that is obvious and recognisable to the average consumer (for example a price grossly out of line with the market), the Platform or the Host may refuse performance, notifying you without delay and refunding all amounts paid in full. This does not apply to ordinary price differences or promotions. In such a case the Platform also compensates the Guest for demonstrated expenses incurred in reliance on the Booking (including non-refundable transport costs) up to EUR 200.
Article 18. Modification of the Booking
(1) A confirmed Booking may be modified (changes to dates, number of guests or Property) only with the agreement of both parties, expressed through the Platform.
(2) A modification may give rise to additional amounts and fees, which are displayed before the modification is confirmed.
(3) Following a modification, the applicable Cancellation Policy applies to the modified Booking, unless expressly agreed otherwise.
SECTION VI. PAYMENT
Article 19. Method of payment
(1) The Total Price is paid through the Platform, with payment processing carried out by Mollie B.V., an electronic money institution licensed and supervised by De Nederlandsche Bank (the Netherlands), which has notified cross-border activity in the territory of the Republic of Bulgaria.
(2) The available payment methods are displayed at the time of booking. The Platform may restrict certain payment methods for reasons of security, fraud risk or regulatory requirements.
(3) Authorisation. The Host has authorised the Platform and Mollie to accept payments on its behalf. Pursuant to Article 75(1) OCA, payment of the Total Price to the Platform/Mollie discharges your obligation to the Host to the corresponding extent. If the funds are not remitted to the Host, the Host has a claim only against the Platform and not against you.
(4) Payment is made at the moment the Booking is confirmed, unless a different arrangement (for example part payment at booking and the balance before check-in) is expressly offered and selected at the time of booking. The conditions of the selected arrangement are displayed before confirmation.
(5) You are required to maintain a valid payment instrument linked to the Booking from the date of booking until fourteen (14) days after the check-out date, and for such time as is necessary to resolve a pending Damage Report under Article 32.
(6) If payment fails or the payment instrument is declined, the Booking is not concluded or, if already concluded, may be cancelled after notice and a reasonable period allowed for payment.
Article 20. The Platform does not provide a payment service to the Guest
(1) The Platform is not a payment service provider and does not provide regulated payment services to the Guest. Payment services are provided by Mollie in accordance with its own terms.
(2) At no point does the Platform hold funds on behalf of the Guest. The Platform acts solely as a limited payment collection agent of the Host, within the exemption in Article 3(b) of Directive (EU) 2015/2366 and the corresponding provision of the Bulgarian Payment Services and Payment Systems Act (Zakon za platezhnite uslugi i platezhnite sistemi, "PSPSA").
(3) The relationship between you and the issuer of your payment instrument, including your rights in the event of an unauthorised payment transaction, is governed by your contract with that issuer and by applicable payment services legislation.
Article 21. Authorisation to charge additional amounts
(1) By making a Booking you authorise the Platform, through Mollie, to collect from the linked payment instrument the following amounts, in so far as they are due under these Terms:
the Total Price and any additional amount resulting from a modification of the Booking;
amounts under Articles 32–35 (damage), subject to the cap in Article 34(2);
liquidated damages for overstaying the agreed period under Article 29(2), subject to the corresponding application of the procedure under Article 33 and the cap under Article 34(2);
amounts due under a decision on a dispute which you have accepted or which you have not contested within the period referred to in Article 34(4).
(2) Before collecting any amount beyond the Total Price, the Platform notifies you in writing, stating the ground and the amount.
(3) The authorisation does not affect your right to contest the ground and the amount of any charge under Article 42 and through the ordinary legal channels.
SECTION VII. RIGHT OF WITHDRAWAL
Article 22. No right of withdrawal in respect of the accommodation contract
(1) We expressly draw your attention to the following: where you make a Booking of accommodation for a specific date or period of performance, you have NO right to withdraw from the contract within 14 days.
(2) The legal basis is Article 57(12) CPA (corresponding to Article 16(l) of Directive 2011/83/EU), under which the right of withdrawal does not apply to contracts for the provision of accommodation services other than for residential purposes, where the contract provides for a specific date or period of performance.
(3) Your ability to terminate a Booking is governed entirely by the applicable Cancellation Policy under Articles 24–28, which is contractual and not statutory in nature.
Article 23. Right of withdrawal in respect of the contract with the Platform
(1) As regards the contract between you and the Platform for the use of the Platform's services, you have the right to withdraw within 14 days pursuant to Article 50 CPA, in so far as that contract falls within the scope of that provision. The contract with the Platform is for consideration: the Guest's counter-performance is the Service Fee under Article 17(3).
(2) However, performance of the Platform's intermediation service begins and is completed at the moment the Booking is concluded. By confirming the Booking you expressly request that performance begin before the expiry of the withdrawal period and acknowledge that you will lose your right of withdrawal once the service has been fully performed (Article 57(1) CPA). The refund of the Service Fee upon cancellation of the Booking is governed by Article 17(5) and does not depend on the right of withdrawal under this Article.
(3) If you have purchased from the Platform a separate service without a specific date of performance (for example a subscription, membership or open-dated voucher), the right of withdrawal applies to it in full and is exercised using the model form available at [link] or by way of an unequivocal statement to [email].
SECTION VIII. CANCELLATION AND REFUNDS
Article 24. Applicable Cancellation Policy
(1) Each Listing has exactly one applicable Cancellation Policy, which is displayed before the Booking is confirmed and forms part of your contract with the Host.
(2) The Platform offers three standard templates (Flexible, Moderate and Strict), the content of which is set out in the Cancellation Policy. The Host selects one of them or sets its own conditions.
(3) Legal characterisation. The standard templates are model terms proposed by the Platform which the Host adopts at its own discretion. The Cancellation Policy adopted binds the Host and the Guest. The Platform is responsible for displaying and applying it correctly, but is not a party to it.
(4) A Host's own conditions may not be less favourable to the Guest than the Strict policy and may not exclude your rights under Articles 26 and 27.
Article 25. Cancellation by the Guest
(1) You may cancel the Booking at any time through the Platform. The amount refunded is determined by the applicable Cancellation Policy.
(2) The Service Fee is refunded in accordance with Article 17(5).
Article 26. Cancellation by the Host
(1) The Host may not cancel a confirmed Booking without valid reason.
(2) Where the Host cancels without valid reason you are entitled to: a full refund of the Total Price, including the Service Fee; and assistance from the Platform in finding a comparable alternative Property.
(3) If the price of the comparable alternative Property is higher, the Platform covers the price difference up to 20 % of the accommodation price under the cancelled Booking, but not more than EUR 200. This commitment is voluntary and does not limit your rights against the Host for the full amount of the loss suffered.
Article 27. Booking Issue and Extenuating Circumstances
(1) A Booking Issue exists where: the Host does not grant you access to the Property; the Property differs materially from the description in the Listing; or the Property is unfit for its intended use, including because of lack of access, absence of essential amenities stated in the Listing, contamination presenting a health risk, or the presence of undisclosed persons in the Property.
(2) In order to exercise your rights you must notify the Platform within 24 hours of check-in or of becoming aware of the issue, providing evidence (photographs, video, written correspondence with the Host).
(3) The Platform examines the report, requests the Host's position as well, and decides within 72 hours. Where the report is substantiated, you are entitled to: assistance in relocating to a comparable Property; or a partial or full refund, proportionate to the unused part of the stay and to the seriousness of the non-conformity.
(4) Extenuating Circumstances. Where an unforeseeable and unavoidable event occurs which makes the stay impossible or seriously jeopardises safety (a natural disaster, an officially declared state of emergency, a travel ban imposed by a competent authority, or interruption of transport connections to the destination), the Booking may be cancelled without penalty by either party, with a full refund of the Total Price. The detailed conditions and the evidence required are set out in the Cancellation Policy.
(5) The rules in paragraphs 1 to 4 prevail over the applicable Cancellation Policy in the situations they govern.
(6) Decisions under paragraphs 3 and 4 may be contested under Section 10 of the Cancellation Policy, within 30 days of being notified of them. That period does not limit your right to appeal against the same decision through the internal complaint-handling system within the six-month period under Article 42.
Article 28. Refunds
(1) Refunds are made using the same payment instrument used for payment, unless you expressly agree otherwise.
(2) The Platform initiates the refund without undue delay and no later than 5 business days after the decision giving rise to it. The actual receipt of funds depends on your bank and on the rules of the relevant card scheme.
(3) Where the Host cancels, the Platform may instruct Mollie to defer the distribution of the funds for up to 72 hours in order to offer you relocation to another Property. Here too the Platform does not hold the funds on your behalf and does not provide you with a payment service.
SECTION IX. THE STAY
Article 29. Obligations of the Guest
(1) During the stay you must:
use the Property with due care, as a prudent owner would, and for its intended purpose;
comply with the house rules of the Property set out in the Listing and with the rules of the condominium;
not exceed the maximum number of guests and not allow in persons who are not part of the Booking, except with the express consent of the Host;
not hold parties or events, unless the Listing expressly permits them;
observe night-time quiet hours and not cause nuisance to neighbours;
vacate the Property at the agreed time and leave it in a condition consistent with normal use.
(2) Overstay. If you remain in the Property after the agreed check-out time without the Host's consent, you owe liquidated damages amounting to 1.5 times the nightly rate for each commenced twenty-four-hour period. The liquidated damages also cover the loss suffered by the Host as a result of cancelled subsequent bookings and may not exceed the price of three nights in total.
Article 30. Registration of accommodated persons and tourist tax
(1) Under the law applicable at the location of the Property (for the Republic of Bulgaria, under the TA), the Host is required to keep a register of accommodated tourists and to submit data to the Unified Tourist Information System (ESTI). For that purpose you must provide your identity document details to the Host at check-in. The Platform does not keep that register, does not submit data to ESTI and does not collect your identity document details for that purpose.
(2) The tourist tax under the Bulgarian Local Taxes and Fees Act (Zakon za mestnite danatsi i taksi, "LTFA") is owed by the person offering the overnight stays (Article 61r(2) LTFA), that is, by the Host, who alone is responsible for it towards the municipality. The Platform does not collect, charge, refund or remit the tourist tax. Where a Listing states a rate of the tourist tax, the Platform only displays that rate, as stated by the Host, who is responsible for it, and any amount resulting from it. The Host must state in the Listing how it recovers the tax from you: either you pay it to the Host on site, or the Host includes an amount for it in the accommodation price it sets, in which case that amount is part of the accommodation price and is paid and, where applicable, refunded together with that price under the Cancellation Policy, and not as a tax collected by the Platform. The Host must state the tax separately in the document it issues to you (Article 61r(4) LTFA). Any question concerning a tourist tax paid on site, including its refund, is a matter between you and the Host. For properties outside the Republic of Bulgaria, the relevant national regime applies, and this paragraph applies mutatis mutandis to any equivalent tax or levy.
(3) For Properties in the Hellenic Republic the Host files a Δήλωση Βραχυχρόνιας Διαμονής (Dilosi Vrachychronias Diamonis, the Greek Short-Term Stay Declaration) with Α.Α.Δ.Ε. by the 20th day of the month following your departure, and issues a separate document for the fee it collects under Article 17(7).
Article 31. Video surveillance and monitoring devices
(1) Hosts are required to disclose in the Listing the presence of any video surveillance, audio recording or monitoring device in or around the Property, together with its location and coverage.
(2) Monitoring devices in interior rooms (bedrooms, bathrooms and toilets) are absolutely prohibited, whether or not disclosed. If you discover such a device, notify the Platform immediately at [email]; the Platform will take measures under Article 41, and you are entitled to a full refund, irrespective of the applicable Cancellation Policy and of the assessment under Article 27(3).
SECTION X. DAMAGE TO THE PROPERTY
Article 32. Damage Report
(1) The Platform does not require or collect damage deposits from Guests. Damage claims are dealt with under this Section.
(2) The Host is entitled to submit a Damage Report if it provides valid evidence that you, persons you have accommodated or your pet have directly caused:
physical loss of or damage to property belonging to the Host or to the owner of the Property;
lost income from cancelled subsequent bookings arising directly from the damage under point 1;
cleaning costs materially exceeding the cleaning fee advertised.
(3) The report is submitted through the Platform within 14 days of the check-out date or before the start of the next booking, whichever occurs first.
(4) The Platform does not take responsibility for, and is not liable for, any loss of or damage to a Property, its contents and furnishings or any other property of the Host or of the owner of the Property located there, or for any loss that the Host or the owner suffers as a result, however caused, including by you, by persons you have accommodated, by your pet, by the Host, by other users or by third parties. The Platform does not compensate, insure or guarantee against such loss or damage and does not pay any amount for it out of its own funds. Such loss or damage is a matter between you and the Host (and, where applicable, the Host's insurer). The Platform's only role is to administer the Damage Report procedure under this Section as an intermediary, including deciding on Damage Reports and collecting amounts within the cap in Article 34(2); that procedure is not a guarantee, an insurance or a compensation scheme. This paragraph does not relieve you of your own liability to the Host for loss or damage caused by you, by persons you have accommodated or by your pet (Article 5(2) and Article 29), does not affect your rights under Articles 27 and 28 where the condition of the Property gives rise to a Booking Issue, and applies subject to Article 47(1), (2), (4) and (6).
Article 33. Procedure
(1) The Platform notifies you of the Damage Report submitted and gives you 7 days to submit your position and any counter-evidence.
(2) The Platform requires the Host to provide evidence substantiating both the ground and the amount: photographs taken before and after the stay, invoices, repair quotations, inspection reports, expert opinions.
(3) The burden of proving the ground and the amount of the damage always lies with the party claiming it, and the Platform does not uphold a Damage Report that is not proven.
(4) The Platform issues a reasoned decision within 14 days of the expiry of the period referred to in paragraph 1.
(5) If you accept the claim in whole or in part, the amount due is collected in accordance with Article 21.
Article 34. Charging and cap
(1) If the Platform upholds the Damage Report and you do not pay voluntarily, the Platform is entitled to collect the amount from the linked payment instrument.
(2) Automatic collection from the payment instrument may not exceed EUR 500 per Booking. For amounts above that figure, the Platform or the Host may pursue the claim through the ordinary legal channels.
(3) Before any collection the Platform notifies you in writing, stating the ground, the amount and the reasons for the decision.
(4) Collection takes place no earlier than 14 days after notification of the decision referred to in Article 33(4). If within that period you contest the decision under Article 42, collection is suspended until the challenge has been determined. If you still do not accept the decision after that determination, the Platform does not collect the amount and the Host may pursue its claim through the ordinary legal channels.
Article 35. Preservation of rights
(1) The Platform's decision on a Damage Report is a decision of an intermediary and does not affect your contractual and statutory rights, including your right to bring the dispute before a court.
(2) You may appeal against the decision under Article 42.
(3) The Platform does not rule on the merits of claims exceeding its competence under this Section and does not act as an arbitrator or conciliation body.
SECTION XI. REVIEWS AND CONTENT
Article 36. Reviews
(1) After the end of the stay the Guest and the Host may leave a mutual review within 14 days. Reviews are published simultaneously, once both parties have submitted them or once the period has expired, and are not visible to the other party before publication.
(2) Authenticity checks. A review may only be left by a person who: has a confirmed Booking made through the Platform; and whose stay has actually begun. The Platform does not verify the factual accuracy of the statements and assessments expressed in a review; they represent the personal opinion of their author.
(3) It is prohibited to: publish a review in exchange for payment or another benefit; publish a review of one's own Property or of a Property belonging to a related person; distort reviews or publish them selectively; or threaten or coerce the other party in order to influence a review.
(4) The Platform removes a review that: contains personal data of third parties; contains discriminatory, offensive, defamatory or unlawful content; does not relate to the actual stay; or has been published in breach of paragraph 3. Removal is carried out in accordance with Article 41.
(5) The Platform does not remove a review merely because it is negative.
Article 37. Content provided by you
(1) You are fully responsible for the Content you provide and you warrant that you hold the necessary rights in it and that it does not infringe the rights of third parties.
(2) By providing Content you grant the Platform a non-exclusive, royalty-free, territorially unlimited, sub-licensable and transferable right to use, store, reproduce, adapt, translate and publish it, solely for the purposes of providing and promoting the Platform, for the term of protection of the rights concerned.
(3) The right granted does not extend to any use of the Content that would breach the Privacy Policy or applicable data protection legislation.
(4) Where your Content is removed or your account is terminated, the Platform ceases to use it within a reasonable period, except where retention is necessary to comply with a legal obligation or to defend legal claims.
Article 38. Prohibited conduct and content
(1) The following are prohibited:
providing false information, using another person's identity, creating duplicate accounts;
discrimination on grounds of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability or age;
circumventing the Platform: negotiating, booking or paying for accommodation found through the Platform outside it, in order to avoid the fees due;
automated data extraction (scraping, crawling), use of bots, reverse engineering, circumvention of technical protection measures, and activity placing an unreasonable load on the infrastructure;
manipulating rankings, reviews or other mechanisms of the Platform;
publishing content that is unlawful, that incites violence or terrorism, that contains child pornography, that infringes intellectual property rights or rights relating to personal data, or that constitutes a criminal offence under Bulgarian law;
using the Platform for prostitution, human trafficking, money laundering or any other unlawful activity.
(2) A breach of paragraph 1 is a ground for measures under Article 41 and for termination under Article 45 and, in the cases provided for, for notification of the competent authorities.
SECTION XII. CONTENT MODERATION (DSA)
Article 39. General principles
(1) The Platform is under no general obligation to monitor the Content it stores on behalf of users, nor to actively seek facts or circumstances indicating illegal activity (Article 8 DSA).
(2) The Platform is entitled to carry out voluntary own-initiative investigations and to take measures to detect, identify and remove Content that is illegal or incompatible with the Terms, without thereby losing the protection afforded by Articles 4 to 6 DSA (Article 7 DSA).
Article 40. Notice of illegal content
(1) Any person may notify the Platform of Content which that person considers illegal, using the electronic form at [link] or by writing to [email].
(2) The notice should contain: a reasoned explanation of why the content is considered illegal; the exact electronic location (URL) of the content; the name and e-mail address of the notifying party, except where the notice concerns offences against the person or the sexual exploitation of children; and a statement of good faith and accuracy.
(3) The Platform acknowledges receipt without delay, processes the notice in a timely, diligent, non-arbitrary and objective manner, and informs the notifying party of its decision and of the available redress possibilities.
(4) Trusted flaggers. As a microenterprise within the meaning of Commission Recommendation 2003/361/EC, the Platform is exempt from Article 22 of the DSA pursuant to Article 19 thereof. The Platform processes every notice diligently irrespective of the notifier, and at its own discretion gives priority to notices submitted by trusted flaggers awarded that status by a Digital Services Coordinator.
Article 41. Measures and statement of reasons
(1) In the event of a breach of these Terms or of applicable law, the Platform may: restrict the visibility of or remove specific Content; restrict or suspend your access to the Platform or to individual functionalities; cancel upcoming or confirmed Bookings; or terminate the contract.
(2) The measure is selected having regard to the gravity and nature of the breach, and is applied in a diligent, objective and proportionate manner, with due regard to the fundamental rights of all parties concerned.
(3) In the case of non-material breaches, and where the circumstances allow, the Platform notifies you in advance and gives you an opportunity to remedy the breach, unless such notification would: hinder the detection or prevention of fraud or other illegal activity; harm the legitimate interests of other users or of third parties; or be contrary to law.
(4) Whenever a measure is imposed, the Platform provides you with a clear and specific statement of reasons (Article 17 DSA) setting out: the measure imposed and its territorial and temporal scope; the facts and circumstances that led to it; whether automated means were used in the detection and in the decision-making; the legal or contractual ground; and information on the redress possibilities available.
Article 42. Complaints and redress
(1) The Platform operates an internal complaint-handling system voluntarily. As a microenterprise it is exempt from Article 20 of the DSA pursuant to Article 19 thereof; the commitments made in this Article are nevertheless binding on the Platform.
(2) You are entitled to lodge a complaint against any measure under Article 41, and against any decision under Articles 27, 33 and 34, through the Platform's internal complaint-handling system, available at [link], within six (6) months of being notified of the measure.
(3) The same right is available to a person whose notice under Article 40 has been rejected in whole or in part.
(4) Complaints are handled in a timely, non-discriminatory and non-arbitrary manner, and the decision is not taken solely by automated means. The Platform decides within 14 days and gives reasons for its decision.
(5) As a microenterprise the Platform is exempt from the obligations under Article 21 of the DSA and does not undertake to engage in proceedings before a certified out-of-court dispute settlement body under that Article. If you are not satisfied with the decision, the remedies under Section 8 of the Content and Moderation Policy and under Article 53 remain available to you.
(6) Your right to seek judicial redress remains unaffected and does not depend on the exhaustion of the procedure under this Article.
Article 43. Misuse of the mechanisms
(1) The Platform applies the measures set out in this Article voluntarily; as a microenterprise it is exempt from Article 23 of the DSA pursuant to Article 19 thereof.
(2) The Platform suspends, for a reasonable period, the provision of its services to a user who frequently provides manifestly illegal Content, after having issued a prior warning.
(3) The Platform is entitled to suspend, for a reasonable period, the processing of notices or complaints submitted by a person who frequently submits manifestly unfounded ones, after having issued a prior warning.
(4) In making that assessment the Platform takes into account: the number, gravity and frequency of the unfounded submissions, or as the case may be of the provisions of manifestly illegal Content; their proportion relative to all submissions, or as the case may be to all Content provided by that person; and the person's intention, in so far as it can be established.
SECTION XIII. TERMINATION
Article 44. Termination by the Guest
(1) You may terminate the contract at any time by deleting your account or by sending a message to [email], without giving reasons and without penalty.
(2) Termination does not affect your obligations under Bookings already confirmed. On termination, confirmed Bookings are cancelled and any refund is determined by the applicable Cancellation Policy.
Article 45. Termination by the Platform
(1) The Platform may terminate the contract without giving reasons on 30 days' notice, sent to the e-mail address you have provided.
(2) The Platform may terminate the contract with immediate effect and without notice where:
you materially breach these Terms or the incorporated policies;
you breach applicable law;
this is necessary to protect the life, health or property of the Platform, of other users or of third parties, including where fraud has been established.
(3) In the event of a material change to the core functionalities of the Platform we will notify you on 30 days' notice, except where the change is necessary to prevent abuse or to comply with a legal requirement.
(4) Termination under paragraph 2 is accompanied by a statement of reasons in accordance with Article 41(4) and is subject to complaint under Article 42.
(5) An account that has been inactive for more than two years is closed following prior notice to the e-mail address you have provided and a 30-day period for you to respond.
Article 46. Consequences of termination
(1) On termination, confirmed Bookings are cancelled. Where termination is attributable to the fault of the Platform or occurs without a reason under Article 45(1), you receive a full refund of the Total Price of the cancelled Bookings.
(2) In the case of termination under Article 45(2), items 1 and 3, the refund in respect of the cancelled Bookings is determined by the applicable Cancellation Policy, the Platform retaining the Service Fee and being entitled to set off its demonstrated losses in accordance with Articles 21 and 33. In the case of any other termination, the Service Fee is refunded in accordance with Article 17(5).
(3) You may not create a new account or use the Platform through another person's account for as long as the measure imposed remains in force.
(4) Termination does not affect: monetary obligations already incurred; the provisions on liability, indemnification, applicable law and dispute resolution; and obligations which by their nature are intended to survive.
SECTION XIV. LIABILITY
Article 47. Liability of the Platform
(1) The Platform is liable without limitation in accordance with the law for damage resulting from injury to life, body or health caused by a negligent or intentional breach of duty by the Platform, its legal representatives or the persons it engages in the performance of its obligations. The same applies where a guarantee has been assumed and in cases of strict liability under statute.
(2) The Platform is also liable without limitation for other damage caused by an intentional or grossly negligent breach of duty by the Platform, its legal representatives or the persons it engages in the performance of its obligations.
(3) The Platform is not liable for damage resulting from a breach of duty caused by ordinary negligence, save in the cases referred to in paragraph 4.
(4) Paragraph 3 does not apply to damage caused by the breach, through ordinary negligence, of a material contractual obligation. In such a case the Platform's liability is limited to the foreseeable damage typical of a contract of this kind. Material contractual obligations are those whose proper performance makes the performance of the contract possible in the first place and on whose performance the other party regularly relies and is entitled to rely.
(5) In so far as the Platform's liability is excluded or limited, this applies equally to the personal liability of its legal representatives, employees and other persons it engages in the performance of its obligations.
(6) Nothing in this Article excludes or limits any right that cannot be excluded or limited under a mandatory rule of law, including your rights as a consumer under the CPA. Any term that would be unfair within the meaning of Article 143 CPA is null and void and does not apply.
(7) The Platform is not liable for: the acts and omissions of Hosts and other users; performance of the accommodation contract; any loss of or damage to a Property, its contents or any other property of the Host or of the owner of the Property, however caused, save as provided in paragraphs 1, 2, 4 and 6 (Article 32(4)); or interruptions of the internet and of telecommunications infrastructure outside its control.
(8) The Platform may temporarily restrict access to the Platform or to individual functionalities where this is necessary on grounds of capacity constraints, the security and integrity of its systems, or maintenance, taking into account the legitimate interests of users and giving advance notice where possible.
Article 48. Force majeure
(1) Neither party is liable for non-performance caused by extraordinary and unforeseeable circumstances beyond its reasonable control, the consequences of which could not have been avoided despite all due efforts.
(2) The party affected by such circumstances notifies the other party without undue delay.
Article 49. Indemnification
(1) You undertake to indemnify the Platform against claims, liabilities, damages, losses and costs, including reasonable legal fees, arising from: your breach of these Terms or of the incorporated policies; or your improper use of the Platform.
(2) The indemnification obligation arises only in so far as the claims, liabilities, damages, losses and costs are adequately caused by a culpable breach by you of a contractual obligation under these Terms, including the obligations under Articles 37 and 38.
(3) The Platform notifies you promptly of any such claim, does not acknowledge it without your consent and gives you the opportunity to participate in the defence.
SECTION XV. PERSONAL DATA
Article 50. Processing of personal data
(1) The processing of personal data by the Platform is described in the Privacy Policy, available at [link].
(2) For the purposes of performing the Booking, the Platform transfers to the Host such of your data as is necessary. The Host is an independent controller in respect of the data it processes for its own purposes, including for keeping the register of accommodated persons, for submitting data to ESTI and for collecting, declaring and paying the tourist tax; the Platform processes no personal data for those purposes.
(3) Pursuant to Regulation (EU) 2024/1028, the Platform transmits to the competent authorities data on the activity of each Property, including the number of nights, the number of guests and the country of residence of each guest. The legal basis is Article 6(1)(c) of Regulation (EU) 2016/679 (compliance with a legal obligation).
(4) The use of cookies and similar technologies is governed by the Cookie Policy. Apart from one optional purpose, the Platform uses only cookies and similar technologies that are strictly necessary for the service you request, including cookies that remember the language you chose and your cookie choice. That optional purpose is letting the interactive Google map load by itself on listing pages and on the pages of your trips, and it applies only with your prior consent, which the Platform asks for in a banner and which you can withdraw at any time, as easily as you gave it, through "Cookie settings" at the bottom of the Platform's pages. Any other cookie or similar technology that is not strictly necessary would likewise be used only with your prior consent.
SECTION XVI. AMENDMENT OF THE TERMS
Article 51. Amendment
(1) The Platform may amend these Terms. The amended Terms are published on the Platform with an updated date.
(2) The Platform notifies you of the proposed amendments by e-mail and through the Platform at least 30 days before the date on which they take effect.
(3) The notification sets out: the substance of the proposed amendments; the date of their entry into force; and your right, within one month of receiving the notification (Article 147b(3) CPA), to choose between: (a) terminating the contract without penalty and at no cost to you; or (b) continuing the contract on the Terms in force before the amendment (Article 147b(2) CPA). The notification expressly states both options and the manner in which you exercise your choice.
(4) In the case of material amendments (affecting the nature and scope of the services, prices, liability or dispute resolution), your express acceptance will be requested. Continued use alone does not constitute acceptance of a material amendment.
(5) In the case of non-material amendments and amendments required by law, by a final court judgment or by a binding order of a competent authority, continued use after the date of entry into force is deemed to constitute acceptance.
(6) Amendments do not apply to Bookings already confirmed; those remain governed by the version in force at the time of booking.
(7) The Platform establishes and retains a record of the fact of notification and of the choice you have made (Article 147b(5) CPA).
SECTION XVII. FINAL PROVISIONS
Article 52. Applicable law
(1) These Terms are governed by the law of the Republic of Bulgaria.
(2) If you are a consumer and the mandatory consumer protection provisions of the country of your habitual residence afford you more favourable rules, those rules apply notwithstanding the choice of Bulgarian law (Article 6(2) of Regulation (EC) No 593/2008, Rome I).
Article 53. Dispute resolution
(1) In the event of a dispute, please contact us first at [email]. We will respond within 14 days.
(2) Conciliation commissions. If you are not satisfied, as a consumer you are entitled to refer the dispute to an alternative consumer dispute resolution body. The competent alternative dispute resolution body is the General Conciliation Commission attached to the Commission for Consumer Protection, with its seat in Sofia and area of operation the city of Sofia and the districts of Sofia, Kyustendil and Pernik; address: Sofia 1000, 4A Slaveykov Sq.; www.kzp.bg, section "Conciliation Commissions": [link]; tel. 0700 111 22. The list of recognised bodies is maintained by the Ministry of Economy and Industry.
(3) Greece. If you are a consumer habitually resident in the Hellenic Republic, or if the dispute concerns a Property in the Hellenic Republic, the competent alternative dispute resolution body is the Συνήγορος του Καταναλωτή (Synigoros tou Katanaloti, the Greek Consumer's Ombudsman), Λ. Αλεξάνδρας 144, 114 71 Αθήνα (L. Alexandras 144, 114 71 Athina), tel. +30 210 6460862, grammateia@synigoroskatanaloti.gr, www.synigoroskatanaloti.gr.
(4) The Platform does not undertake in advance to participate in proceedings before a conciliation commission or before another alternative dispute resolution body and is not bound by any such obligation, but reserves the right to participate at its discretion in any individual case. This provision does not affect your right to refer the matter to the competent body.
(5) Competent court. As a consumer you may bring proceedings before the courts of your place of residence or before the courts of the Platform's registered seat. The Platform may bring proceedings against you only before the courts of your place of residence (Article 18 of Regulation (EU) No 1215/2012, Brussels Ia).
(6) If you are acting as a trader, the courts of the Platform's registered seat have jurisdiction.
(7) These Terms do not contain, and may not contain, an arbitration clause as against consumers; such a clause is invalid under Article 3(4) CPA.
(8) Disputes concerning payment transactions carried out by Mollie fall within the competence of the out-of-court dispute settlement bodies indicated in Mollie's terms.
Article 54. Notices
(1) Notices between the parties are given electronically: to the e-mail address you have provided and to [email] for the Platform.
(2) A notice sent by e-mail is deemed received on the third day after it is sent, unless it is received earlier. The Platform duplicates every notice with a notification in your account; where the two differ, the later of the two events prevails.
(3) You are required to keep the e-mail address in your profile up to date.
Article 55. Assignment
(1) You may not assign your rights and obligations under these Terms without the written consent of the Platform.
(2) The Platform may transfer its rights and obligations in the event of a corporate reorganisation or a transfer of its business or part of it, on 30 days' notice and provided that the transfer does not diminish your rights. In that case you are entitled to terminate the contract without penalty before the date of the transfer.
Article 56. Severability
The invalidity of an individual clause does not render the Terms invalid as a whole. The invalid clause does not apply. It is replaced only by the corresponding non-mandatory rule of law, where such a rule exists and where without it the contract cannot be performed.
Article 57. Language
(1) These Terms are drawn up in English. The English text is the only authentic and binding version of the Terms.
(2) The Platform provides a Bulgarian translation of these Terms for convenience. Neither that translation nor any other, including an automatic translation by your browser, has legal effect of its own; in the event of any discrepancy, the English text prevails. This Article does not derogate from the mandatory consumer protection rules of the country of your habitual residence, including requirements as to the language in which pre-contractual information and contract terms are provided; in the event of a conflict, those rules prevail.
(3) The language of these Terms does not affect the languages in which you may communicate with the Platform under Article 1(3).
Article 58. Intellectual property
(1) All rights in the Platform (software, design, databases, trade marks, logo, texts and structure) belong to the Platform or to its licensors.
(2) You are granted a limited, personal, non-transferable and non-exclusive right to use the Platform for its intended purpose. Any other use, including reproduction, distribution, adaptation or extraction of a substantial part of the database, is prohibited without express written consent.
Article 59. Entry into force
These Terms enter into force on [date] and supersede all previous versions. An archive of previous versions is available at: [link].