房東條款
版本 1.2
這是版本 1.2。其生效日期尚未設定。 此版本將由版本 1.3 取代。
文件「Host Terms」以英文顯示，英文版本為具法律約束力的版本。 保加利亞語翻譯
Version: 1.2
Date of publication: [date]
Effective date: [date]
Important. These Terms govern the relationship between you as a Host and [COMPANY]. They constitute terms and conditions for online intermediation services within the meaning of Regulation (EU) 2019/1150 (P2B).
We draw your particular attention to: Articles 12–14 (Registration Number under the Bulgarian Tourism Act (Zakon za turizma, "TA") and Regulation (EU) 2024/1028: without a valid number the Listing will not be published); Articles 28–31 (tax obligations: the tourist tax is owed by you and not by the Platform; the Platform does not collect, charge, declare or remit it, and you alone are responsible for it towards the municipality (Article 28(3)); and mandatory reporting to the Bulgarian National Revenue Agency (Natsionalna agentsia za prihodite, "NRA") under DAC7: if you refuse to provide the required data, your payments will be blocked); Articles 22–27 (payments, deferral of Payouts and set-off); Articles 41–44 (restriction, suspension and termination); Articles 36, 37 and 50 (damage to your Property: the Platform does not take responsibility for any loss of or damage to your Property and does not compensate, insure or guarantee against it; you should cover that risk with your own insurance (Article 37(1))).
SECTION I. GENERAL PROVISIONS
Article 1. Provider details
(1) The Ostany Platform, accessible at [domain], is provided by [FULL LEGAL NAME], UIC (Unified Identification Code) [UIC], registered seat and address of management [address], correspondence address [address], e-mail [e-mail], telephone [telephone], represented by [name], managing director; VAT registration: [BG…].
(2) Supervisory authorities: the Commission for Consumer Protection; the Commission for Personal Data Protection; the Communications Regulation Commission acting as Digital Services Coordinator; the Ministry of Tourism. For properties situated on 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), www.aade.gr; Υπουργείο Τουρισμού (Ypourgeio Tourismou, the Greek Ministry of Tourism), mintour.gov.gr; Ε.Ε.Τ.Τ. (Εθνική Επιτροπή Τηλεπικοινωνιών και Ταχυδρομείων / Ethniki Epitropi Tilepikoinonion kai Tachydromeion, the Greek National Telecommunications and Post Commission) acting as Digital Services Coordinator under Greek Law 5099/2024, www.eett.gr; Αρχή Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Archi Prostasias Dedomenon Prosopikou Charaktira, the Greek Data Protection Authority), www.dpa.gr; Συνήγορος του Καταναλωτή (Synigoros tou Katanaloti, the Greek Consumer Ombudsman), www.synigoroskatanaloti.gr.
(3) Point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065: [e-mail]. Point of contact for Host matters: [e-mail].
Article 2. Subject matter
(1) These Host Terms (the "Terms") govern the relationship between the Platform and any person offering accommodation through the Platform (the "Host", "you").
(2) The Platform provides you with an online intermediation service: publication of Listings, provision of the technological environment for booking, collection of payments on the Host's behalf and the related functionalities.
(3) The following documents form an integral part of the Terms: the Guest Terms; the Privacy Policy; the Cookie Policy; the Cancellation Policy; the Content and Moderation Policy; the Listing Quality Standards; and the Fee Schedule, all published at [link].
(4) In the event of a conflict between the Terms and a specific document referred to in paragraph 3, the specific document shall prevail. In the event of a conflict with individually negotiated terms, the individually negotiated terms shall prevail (Article 298(3) of the Bulgarian Commerce Act (Targovski zakon, "CA")).
Article 3. Definitions
For the purposes of these Terms, the defined terms have the meaning given to them in the Guest Terms, unless expressly stated otherwise. In addition:
"Business Host": a Host acting within the scope of its commercial or professional activity, including sole traders and legal entities, as well as natural persons whose letting activity has a systematic and organised character.
"Private Host": a natural person who lets a Property outside the scope of its commercial activity.
"Commission": the remuneration of the Platform, payable by the Host.
"Payout": the transfer of the net amount to the Host after deduction of the Commission, the VAT charged on it and the other amounts under Article 24(4).
"Registration Number": the number stated in the categorisation certificate or in the registration of the Property under the applicable national regime.
"P2B Regulation": Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services.
"ESTI": the Unified Tourist Information System (ESTI) under Article 116(5) TA.
"DAC7": Directive (EU) 2021/514, transposed into Section VIII of Chapter Sixteen of the Bulgarian Tax and Social Insurance Procedure Code (Danachno-osiguritelen protsesualen kodeks, "TSIPC").
"Α.Μ.Α.": Αριθμός Μητρώου Ακινήτου (Arithmos Mitroou Akinitou, property registry number), the eleven-digit number of the Property in the Μητρώο Ακινήτων Βραχυχρόνιας Διαμονής (Mitroo Akiniton Vrachychronias Diamonis, the Greek Short-Term Rental Property Registry), maintained by Α.Α.Δ.Ε. in accordance with Article 111 of Greek Law 4446/2016.
"ΜΗ.Τ.Ε.": Μητρώο Τουριστικών Επιχειρήσεων (Mitroo Touristikon Epicheiriseon), the Greek register of tourism enterprises; the number is published instead of the Α.Μ.Α. for Properties holding a Ειδικό Σήμα Λειτουργίας (Ε.Σ.Λ. / Eidiko Sima Leitourgias, a Greek special operating licence).
"Τ.Α.Κ.Κ.": Τέλος Ανθεκτικότητας στην Κλιματική Κρίση (Telos Anthektikotitas stin Klimatiki Krisi), the Greek climate crisis resilience levy.
Article 4. Acceptance and binding effect
(1) The Terms become binding on you when, upon registration, you expressly declare that you accept them by ticking a box that is not pre-ticked. Pursuant to Article 3 of the Bulgarian Electronic Document and Electronic Trust Services Act (Zakon za elektronniya dokument i elektronnite udostoveritelni uslugi, "EDETSA"), this constitutes a written declaration within the meaning of Article 298(1)(1) CA.
(2) If you are a trader, the Terms are also binding on you on the basis of Article 298(1)(2) CA.
(3) The parties acknowledge, within the meaning of Article 13(4) EDETSA, that an electronic signature (including the ticking of a box, e-mail confirmation and a one-time code) is equivalent to a handwritten signature.
(4) For each acceptance, the Platform retains: an identifier, the time of acceptance, the IP address, the version of the Terms and the SHA-256 hash of the text, and sends you the full text by e-mail.
(5) The archive of all versions, together with their respective periods of application, is available at [link].
Article 5. Requirements applicable to the Host
(1) In order to act as a Host you must be a natural person who has reached the age of 18 or a duly incorporated legal entity.
(2) You must have the right to let the Property: as its owner, as a person holding the owner's express written consent, or on another legal basis conferring such a right on you. The Platform is entitled to request evidence at any time.
(3) You must have verified and must comply with: the restrictions set out in the condominium rules and in the decisions of the general meeting; the restrictions in your lease agreement, if you are not the owner; the restrictions in mortgage or insurance contracts; spatial planning and zoning rules; and all applicable short-term accommodation regimes.
(4) The information provided by the Platform in relation to these obligations is general and for information purposes only. Establishing and complying with the applicable requirements is entirely your responsibility.
SECTION II. THE ROLE OF THE PLATFORM AND YOUR STATUS
Article 6. Role of the Platform
(1) The Platform is an intermediary acting in the name and for the account of another. It is not, and does not become, a party to the accommodation contract between you and the Guest.
(2) The Platform is not a tour operator, travel agent, real estate broker, insurer or payment service provider.
(3) The relationship between you and the Platform is one between independent parties. You are not an employee, representative, partner or joint venturer of the Platform. The only relationship of representation is the limited authorisation under Article 22.
(4) The Platform does not direct or control how you provide your service. You determine independently whether, when, and on what terms and at what prices you offer the Property.
Article 7. Declaration of trader / private status
(1) Upon registration you must declare whether you act as a trader or as a private individual, in accordance with Article 30 of Regulation (EU) 2022/2065 and Article 47a of the Bulgarian Consumer Protection Act (Zakon za zashtita na potrebitelite, "CPA").
(2) The status declared is displayed publicly in each of your Listings. If you declare that you are not a trader, an express warning is displayed in the Listing informing Guests that EU consumer legislation does not apply to the contract between them and you.
(3) Declaring a false status is a material breach of these Terms and constitutes an independent ground for measures under Article 41.
Article 8. Mandatory information for Business Hosts
As a microenterprise within the meaning of Commission Recommendation 2003/361/EC, the Platform is exempt from Articles 30 to 32 of Regulation (EU) 2022/2065 pursuant to Article 29 thereof. This Article nevertheless applies, because the collection and verification of the same data are independently required under Regulation (EU) 2024/1028, under Article 113 TA and under Directive (EU) 2021/514 (DAC7). See Articles 12–15 and Article 30.
(1) If you are a Business Host, you must provide the Platform, before publication of your first Listing, with:
your name or corporate name, registered seat and address;
a telephone number and an e-mail address for contact, which are displayed to Guests;
a copy of the identity document of the representative or electronic identification under Article 3 of Regulation (EU) No 910/2014;
payment account details;
the register in which you are entered and the registration number (for Bulgaria: the UIC from the Commercial Register);
a declaration that the Properties offered comply with the applicable requirements.
(2) You will not be able to offer Properties until the Platform has been able to assess the information as reliable and complete. The Platform carries out the assessment by consulting official public databases of the EU or of a Member State and, where necessary, by requesting additional documents.
(3) You must keep the information up to date and notify the Platform of any change without delay. If you fail to update it, the Platform suspends publication of your Listings until the non-compliance is remedied, notifying you with a statement of reasons and granting you a reasonable period.
(4) The Platform retains the information referred to in paragraph 1 for a period of six months following termination of the contractual relationship, unless a longer period is required by law.
SECTION III. REGISTRATION, VERIFICATION AND PAYMENT ONBOARDING
Article 9. Registration and account
(1) The account is personal and non-transferable. You are responsible for safeguarding access to it and for all actions carried out through it.
(2) If you manage Properties through a team, a co-host or a property management company, you are jointly and severally liable with those persons for compliance with these Terms and for their acts in connection with your Listings.
(3) The person accepting the Terms on behalf of a legal entity declares that they have the authority to bind it.
Article 10. Verification by the Platform
(1) The Platform is entitled to carry out identity and reliability checks, including cross-checks against public registers and against third-party fraud prevention databases.
(2) A check does not constitute a guarantee or an endorsement. The designation "verified" means solely that a particular procedure has been completed, and nothing more.
Article 11. Payment onboarding and KYC through Mollie
(1) In order to receive Payouts, you must complete an identification and verification procedure (KYC/KYB) with Mollie B.V., an electronic money institution licensed and supervised by De Nederlandsche Bank.
(2) As part of that procedure, Mollie may request: the identity document of the representative; details of the ultimate beneficial owners; incorporation and representation documents; bank account details; and information on the source of funds.
(3) These requirements arise from anti-money laundering legislation and are applied by Mollie in its capacity as an obliged entity. The Platform cannot derogate from them.
(4) Your relationship with Mollie is governed by Mollie's terms, available at [link]. Acceptance of these Terms includes your consent for the Platform to transfer to Mollie the data necessary for onboarding.
(5) Until the procedure has been successfully completed, the Platform is entitled to instruct Mollie to defer all Payouts. Where identification is impossible or you refuse to complete it, the Platform is entitled to terminate the contract under Article 43.
SECTION IV. REGISTRATION OF THE PROPERTY AND MANDATORY REPORTING
This Section implements Regulation (EU) 2024/1028, applicable from 20 May 2026, and Article 113(3) TA. The obligations under it are not capable of being relaxed by contract.
Article 12. Self-declaration regarding the registration regime
(1) Before publication of each Listing you must declare, through the Platform's interface:
the exact address and the type of the Property;
whether the Property is located in an area in which a procedure for registration or categorisation of accommodation establishments has been introduced;
where such a procedure has been introduced, the valid Registration Number of the Property.
(2) The declaration must be complete and accurate. The Platform assesses its completeness by automated means, in so far as this is proportionately possible.
Article 13. Prohibition on publication without a valid Registration Number
(1) A Listing for a Property located in an area in which a registration regime has been introduced will not be published unless a Registration Number is provided. The Platform is not entitled to allow any exception.
(2) For properties situated on the territory of the Republic of Bulgaria this also follows from Article 113(3) TA, under which the online offering of tourist services may be carried out only in respect of categorised or registered accommodation establishments. The obligation to register class "B" accommodation establishments (guest apartments and guest rooms) with the mayor of the municipality in which the property is located arises from Article 113(2) in conjunction with Article 128 TA.
(3) The Registration Number is displayed publicly as part of the Listing. By publishing the Listing you consent to this.
(4) For properties situated on the territory of the Hellenic Republic, the Listing will not be published without a valid Α.Μ.Α. entered in the Μητρώο Ακινήτων Βραχυχρόνιας Διαμονής (Article 111 of Greek Law 4446/2016) or, where the Property holds a Ειδικό Σήμα Λειτουργίας, without a valid ΜΗ.Τ.Ε. number. The number is published in a prominent place in the Listing and in every advertising medium, in accordance with the express requirement of Α.Α.Δ.Ε.
(5) For properties outside the Republic of Bulgaria, you are responsible for complying with the applicable national registration regime of the country in which the Property is located.
Article 14. Checks and consequences
(1) The Platform carries out regular random checks on the declarations under Article 12 and on the validity of Registration Numbers, including by consulting public registers and the single digital entry points of the Member States.
(2) Where a Registration Number is found to be invalid, suspended, withdrawn or duplicated, and where the declaration contains inaccurate data, the Platform:
notifies you without undue delay, with a statement of reasons;
grants you a reasonable period to remedy the situation, where the nature of the non-compliance so permits;
deactivates or deletes the Listing where the non-compliance is not remedied or where the number has been withdrawn;
informs the competent authority of the outcome of the check, where this is required by Regulation (EU) 2024/1028.
(3) Where a competent authority orders the suspension or withdrawal of a Registration Number, the Platform deletes the Listing immediately, without prior notice.
(4) You must keep the data referred to in Article 12 up to date and notify the Platform of any change in the registration status of the Property.
Article 15. Transmission of activity data
(1) In implementation of Article 9 of Regulation (EU) 2024/1028, the Platform transmits to the competent authorities, through the single digital entry point, activity data for each Property, including:
the number of nights and the number of guests;
the country of residence of each guest;
the Registration Number, the exact address and the electronic address (URL) of the Listing.
(2) The data are transmitted monthly and, where the Platform meets the conditions for the lighter regime, quarterly.
(3) For properties in the Hellenic Republic, the data are transmitted to the Greek single digital entry point under Article 10 of Regulation (EU) 2024/1028 and, until it becomes operational, in accordance with the procedure determined by the competent Greek authority. Separately, pursuant to Article 111(7) of Greek Law 4446/2016, the Platform provides Α.Α.Δ.Ε., upon request, with the information necessary to identify property managers.
(4) The legal basis for the processing is Article 6(1)(c) of Regulation (EU) 2016/679 (compliance with a legal obligation). Details are set out in the Privacy Policy.
(5) These obligations do not exclude your own obligations under Article 29 (ESTI and the register of accommodated persons).
SECTION IV-A. SPECIAL CONDITIONS FOR PROPERTIES IN THE HELLENIC REPUBLIC
This Section applies only to Properties situated on the territory of the Hellenic Republic, in addition to the remaining provisions of these Terms. In the event of a conflict with the general provisions, this Section shall prevail.
Article 15a. Compliance of the Property with Greek requirements
(1) For properties in the Hellenic Republic, the Host declares and warrants compliance with Article 3 of Greek Law 5170/2025 and with Greek Ministerial Decision 19231/2025 (Υπουργική Απόφαση / Ypourgiki Apofasi), in force from 1 October 2025, namely:
the Property is a space of primary use (χώρος κύριας χρήσης / choros kyrias chrisis) with a minimum height of 2.50 m;
natural lighting is provided (windows with an area of not less than 10 % of the net floor area of the room) and natural ventilation (openings of not less than 5 %);
air conditioning is provided;
valid third-party liability insurance covering damage and accidents, issued by an insurer licensed in the Hellenic Republic, is maintained;
a 6 kg fire extinguisher for every 100 sq. m, smoke detectors, emergency lighting and marking of escape routes are provided;
a Υπεύθυνη Δήλωση Ηλεκτρολόγου (ΥΔΕ / Ypefthyni Dilosi Ilektrologou, an electrician's declaration of compliance) and surge protection are in place;
a current disinfestation and rodent control certificate is in place;
a first-aid kit and a list of emergency telephone numbers are provided.
(2) The Platform is entitled to request evidence of each of the requirements under paragraph 1 and to deactivate the Listing until such evidence is provided.
(3) The fines under Greek law for non-compliance with the requirements under paragraph 1 (EUR 5,000, doubled upon a second and quadrupled upon a third breach within one year) are borne entirely by the Host. The Host indemnifies the Platform for any penalty imposed on it in connection with non-performance of this Article, on the terms of Article 51.
Article 15b. Territorial restrictions in the Hellenic Republic
(1) The Host must verify and comply with the territorial restrictions in force on entry in the Μητρώο Ακινήτων Βραχυχρόνιας Διαμονής.
(2) As at the effective date of these Terms, the following restrictions are in force:
Δήμος Αθηναίων (Dimos Athinaion, the Municipality of Athens), 1st, 2nd and 3rd δημοτικό διαμέρισμα (dimotiko diamerisma, municipal district): a prohibition on the initial registration of new properties, extended until 31 December 2026 by ΚΥΑ 225563 ΕΞ 2025;
Δήμος Θεσσαλονίκης (Dimos Thessalonikis, the Municipality of Thessaloniki), Α΄ Δημοτική Κοινότητα (A' Dimotiki Koinotita, the First Municipal Community): a prohibition on new Α.Μ.Α. from 1 July 2026 until 31 December 2026.
(3) Where ownership of a Property located in a restricted area is transferred, the existing Α.Μ.Α. is deleted by operation of law. The Host must notify the Platform immediately upon any transfer; the Listing is deactivated.
(4) The list under paragraph 2 is updated and published at [link]. The Host is responsible for verifying the regime in force irrespective of the content of that list.
Article 15c. Tax obligations in the Hellenic Republic
(1) Τ.Α.Κ.Κ. The Host collects from the Guest and remits the climate crisis resilience levy (Greek Law 5073/2023; Article 24 of Greek Law 5162/2024): EUR 8.00 per night from April to October and EUR 2.00 per night from November to March for apartments and dwellings; EUR 15.00 and EUR 4.00 respectively for single-family houses exceeding 80 sq. m. The Host issues a separate document (ειδικό στοιχείο είσπραξης / eidiko stoicheio eispraxis, special collection document) for each booking and files a monthly return through myAADE by the last day of the month following issue. The levy is not subject to VAT.
(2) Δήλωση Βραχυχρόνιας Διαμονής (Dilosi Vrachychronias Diamonis, the Greek short-term stay declaration). The Host files the short-term stay declaration with Α.Α.Δ.Ε. by the 20th day of the month following the Guest's departure and, in the event of cancellation, by the 20th day of the month of the cancellation, and finalises the register by 28 February.
(3) VAT. The Host declares whether it is subject to Greek VAT at the rate of 13 %. An obligation arises where three or more properties are let, where the letting is carried out by a legal entity, and where services other than accommodation and the provision of bed linen are supplied.
(4) The Host provides the Platform with its Greek tax identification number (ΑΦΜ / AFM, the Greek tax identification number) for the purposes of the due diligence under Article 30.
(5) The Platform does not collect or remit Greek taxes and levies on behalf of the Host and does not provide tax advice.
Article 15d. Restriction on additional services
(1) The Host is prohibited from offering through the Platform any services other than accommodation and the provision of bed linen, unless it holds a Ειδικό Σήμα Λειτουργίας or has filed a γνωστοποίηση (gnostopoiisi, notification) and is entered in ΜΗ.Τ.Ε. in accordance with Article 46(5) of Greek Law 4179/2013.
(2) The provision of breakfast, cleaning during the stay, transfers or other services without such registration reclassifies the activity as tourist accommodation and constitutes a material breach of these Terms.
(3) The same applies where all the apartments in a single building or residential complex are let on a short-term basis.
SECTION V. THE LISTING
Article 16. Creation and content of the Listing
(1) You determine independently the content of the Listing, the price, the availability and the Property rules, within the limits of these Terms and of the applicable law.
(2) The Listing must be accurate, complete, up to date and not misleading. You must describe truthfully: the location; the type and area of the Property; the number and type of beds; the maximum number of guests; all amenities; the restrictions and rules; and all circumstances capable of materially influencing the Guest's decision, including construction works in the building, sources of noise, the absence of a lift, stairs and other accessibility conditions.
(3) Photographs must reflect the actual condition of the Property, must have been taken in it and must not be edited in a way that creates a misleading impression.
(4) Only one active Listing is permitted per Property. Duplicate Listings are removed.
(5) You must disclose the presence of video surveillance, audio recording or other monitoring devices in and around the Property, stating their location and coverage. Monitoring devices in interior spaces (bedrooms, bathrooms and toilets) are absolutely prohibited. A breach is material and results in immediate termination under Article 43(2), as well as in notification of the competent authorities.
Article 17. Content and rights therein
(1) You bear full responsibility for the Content you publish and warrant that you hold the necessary rights in it, including the rights in the photographs and the rights of the persons depicted.
(2) By publishing it, you grant the Platform a non-exclusive, royalty-free, territorially unlimited, sub-licensable and transferable right to use, store, reproduce, adapt, translate, publish and distribute the Content for the purposes of providing and promoting the Platform and the Listing, including through the channels referred to in Article 48, for the term of protection of the relevant rights.
(3) The right under paragraph 2 does not transfer ownership to the Platform. You retain your rights in the Content and may use it freely elsewhere.
(4) Upon termination of the contract, the Platform ceases to use the Content within a reasonable period, save where retention is necessary to comply with a legal obligation, to resolve a pending dispute or to defend legal claims.
(5) The Platform may make available to you an optional writing assistant based on artificial intelligence which, at your request, drafts the description of the Listing from the details you have entered in the Listing. A draft is only a suggestion: it is prepared solely from those details, may contain errors or omissions and becomes part of the Listing only if you save it. Before saving a draft, you must review it and correct anything that is inaccurate, incomplete or misleading. Once saved, the description is your Content: you bear full responsibility for it under paragraph 1, and it must meet the requirements of Article 16(2) and of the Listing Quality Standards in the same way as a description you have written yourself. Paragraphs 2 to 4 apply to it, and it is subject to moderation in the same way as any other Content. The Platform claims no rights in a draft; to the extent that any rights arise in it, they belong to you.
Article 18. Quality standards
(1) The minimum requirements applicable to Listings and to service are set out in the Listing Quality Standards, published at [link] and forming an integral part of these Terms. They govern the completeness of the description, the requirements applicable to photographs, the response time for enquiries, the acceptance rate for booking requests, the maximum permitted cancellation rate, the average review score, the accuracy of the calendar, the minimum requirements applicable to the condition of the Property and the graduated consequences of non-compliance.
(2) The Standards are amended in accordance with Article 53.
SECTION VI. RANKING
Article 19. Main parameters determining ranking
(1) In implementation of Article 5 of the P2B Regulation, the Platform discloses the main parameters determining the ranking of Listings and their relative importance.
(2) The main parameters, listed in decreasing order of relative importance, are:
| No. | Parameter | Relative importance | Content |
| 1 | Match with the Guest's search | Very high | Destination, dates, number of guests, price range, filters applied. A Listing that does not match the search is not displayed at all. |
| 2 | Characteristics of the Listing | High | Location relative to the destination searched, price relative to comparable Properties, availability for the period, completeness and quality of the description and photographs, number and average score of reviews |
| 3 | Quality of the Host's service | Medium | Acceptance rate for booking requests, response rate for enquiries, average response time, cancellation history, accuracy of the calendar, number of substantiated complaints, number of substantiated Booking Issue reports, compliance with the Standards under Article 18 |
| 4 | Host requirements | Medium | Minimum and maximum length of stay, advance booking period, restrictions on the number of guests |
| 5 | Guest preferences and history | Low to medium | Previous bookings, Listings viewed and saved, location of the search |
| 6 | Length of presence on the Platform | Low | Listings with an accumulated history receive a slight priority over newly created ones |
(3) Influence of remuneration. The Platform offers a paid service for promoting Listings. Promoted positions are clearly identified as such when displayed. Outside the expressly identified promoted positions, direct or indirect remuneration does not influence ranking. The amount of the Commission does not influence ranking.
(4) Differentiated treatment. The Platform does not offer its own accommodation properties and is not related to any Host whose Listings are displayed on the Platform. No differentiated treatment within the meaning of Article 7 of the P2B Regulation applies. Should this change, the Platform will notify Hosts in accordance with Article 53 and will publish a description of any differentiated treatment.
(5) The full description of the parameters is available on the "How ranking works" page, [link], directly accessible from the search results page.
(6) The disclosure under this Article does not oblige the Platform to disclose algorithms or any information the disclosure of which would enable consumers to be deceived or search results to be manipulated (Article 5(6) of the P2B Regulation).
SECTION VII. PRICES, COMMISSION AND TAXATION OF THE COMMISSION
Article 20. Pricing
(1) You freely determine the accommodation price and all additional mandatory fees.
(2) Prohibition of hidden fees. All mandatory fees (cleaning fees, extra guest fees, pet fees and others) must be entered in the Listing in such a way that they are included in the Total Price displayed to the Guest. Charging on site mandatory fees that were not disclosed prior to booking is prohibited. Article 28(3) applies to the tourist tax; collecting on site a tourist tax that was not disclosed in the Listing prior to booking is likewise prohibited. If you collect on site the tourist tax for a Property in the Republic of Bulgaria, you may not collect for it more than the amount shown to the Guest for the persons and nights of the Booking before the Booking or, where the Booking is modified, before the modification is confirmed; that amount includes any VAT you charge on the tax.
(3) Prohibition of circumventing the Platform. You are prohibited from negotiating, accepting or requesting payment for accommodation arranged through the Platform outside the Platform with a view to avoiding the Commission. A breach is material.
(4) The Platform does not impose on you any obligation to offer the Property at the same or a lower price than on other channels. No price parity clause applies.
(5) Price without mark-up. The price you set is the price you receive as the basis for calculating the Payout. The Platform does not add any mark-up to it. The Platform charges the Guest no service fee: the price displayed to the Guest is the price you set.
Article 21. Commission and tax treatment
(1) For the intermediation service, you owe the Platform a Commission in the amount set out in the Fee Schedule, calculated on the accommodation price and on the Host's mandatory fees; the base is defined in section 1.2 of the Fee Schedule. The Platform does not collect the tourist tax under the Bulgarian Local Taxes and Fees Act (Zakon za mestnite danatsi i taksi, "LTFA"), the Τ.Α.Κ.Κ. or any other tax or charge collected by the Host for the account of a public authority, and none of them forms part of the base as such; however, if you choose to include an amount for such a tax in the accommodation price you set (Article 28(3)), that amount is part of that price and of the base, and the Commission is charged on it. The Platform charges the Guest no service fee. The Commission is the Platform's sole remuneration in respect of the Booking, other than the paid promotion under section 3 of the Fee Schedule which you have voluntarily requested.
(2) The current Fee Schedule is published at [link], forms an integral part of these Terms and is amended in accordance with Article 53. The Fee Schedule governs the amount of the commission, the fees for paid promotion and all other amounts payable by the Host.
(3) The Commission becomes due upon conclusion of the Booking and is deducted at the time of Payout under Article 24.
(4) Tax treatment of the Commission. The Platform's service is an intermediation service and not a service connected with immovable property. Accordingly:
| Your status | Place of supply | VAT charged |
| Taxable person established in Bulgaria | Bulgaria (Article 21(2) of the Bulgarian Value Added Tax Act (Zakon za danak varhu dobavenata stoynost, "VATA")) | The Platform charges 20 % VAT |
| Taxable person established in another Member State | The country of the recipient (Article 21(2) VATA) | Invoice issued without VAT; you apply the reverse charge; the Platform files a VIES return |
| Non-taxable person (private individual) | Bulgaria (Article 21(1) VATA) | The Platform charges 20 % VAT |
(5) Important. Under the present structure, the Platform is established in the Republic of Bulgaria and charges the Bulgarian VAT due in accordance with paragraph 4. If you receive intermediation or other services from non-resident taxable persons (including from other platforms), you may become subject to a separate obligation to register under Article 97a VATA, with no turnover threshold, and to self-charge VAT under Article 82(2)(3) VATA, with no right to input tax credit. The Platform does not provide tax advice; please consult an accountant.
(6) The Platform issues an invoice or another tax document for the Commission, available in your account.
SECTION VIII. PAYMENTS
Article 22. Appointment of the Platform as limited payment collection agent
(1) By accepting these Terms, you appoint the Platform to act as your limited payment collection agent, solely for the purposes of accepting and processing funds from Guests for accommodation booked by them, on your behalf.
(2) You agree that a payment made by the Guest through the Platform and Mollie is deemed to be a payment made directly to you, and that you are obliged to provide the accommodation as if you had received the payment directly from the Guest. The legal basis is Article 75(1) of the Bulgarian Obligations and Contracts Act (Zakon za zadalzheniyata i dogovorite, "OCA"), performance to a person authorised to receive it.
(3) The Platform's obligation to pay you arises only to the extent that the corresponding payment has been successfully received from the Guest. The Platform does not guarantee payments out of its own funds.
(4) If the Platform fails to transfer to you an amount received, you have a claim against the Platform only, and not against the Guest.
(5) The Platform acts as agent of the Host only and does not provide payment services to the Guest. The authorisation under this Article falls within the commercial agent exclusion under 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").
(6) The authorisation does not create any authority to represent you beyond what is expressly set out and does not make the Platform a party to the accommodation contract.
Article 23. Role of Mollie
(1) Payment processing and the allocation of funds are carried out by Mollie B.V., an electronic money institution licensed and supervised by De Nederlandsche Bank, which operates on the territory of the Republic of Bulgaria on a duly notified cross-border basis.
(2) Mollie allocates the funds received by transferring the net amount to you, and the Commission to the Platform. The funds do not pass through any account of the Platform.
(3) Your relationship with Mollie is governed by Mollie's terms. The Platform is not liable for the acts or omissions of Mollie, save to the extent that they result from the Platform's own instructions or breaches.
Article 24. Payout timing
(1) Subject to the condition in Article 22(3), the Platform initiates the Payout to the method selected by you:
by the end of the business day following the Guest's check-in date (standard regime);
for stays of 28 nights or more: the first Payout by the end of the business day following check-in, and monthly thereafter.
(2) Extended regime. For Hosts who: do not have at least two completed bookings through the Platform; or are in breach of these Terms; or where this is reasonably necessary to protect the Platform, consumers or third parties, the Payout is initiated by the end of the business day following the Guest's check-out date. The Platform notifies you of the application of the extended regime and of the grounds for it.
(3) The actual receipt of funds depends on Mollie and on your bank.
(4) The amount of the Payout is the Total Price less: any Guest Service Fee charged under a previous version of the Fee Schedule, which does not belong to you; the Commission plus the VAT charged on it; amounts allocated at your instruction to a co-host or to the owner of the Property; and any amount due under Article 26.
(5) The Payout schedule and breakdown are available in your account.
Article 25. Deferral, suspension and cancellation of Payouts
(1) The Platform is entitled to instruct Mollie temporarily to defer, suspend or cancel a Payout where:
this is necessary to prevent unlawful activity or fraud, to assess risk or to complete an investigation;
it is not possible to confirm your identity or that of your representative or ultimate beneficial owner;
you have not provided the information requested under Article 11 or Article 30;
the Platform reasonably expects to refund an amount to the Guest under Article 27 of the Guest Terms or under the Cancellation Policy;
there is a mass cancellation or modification of bookings due to force majeure.
(2) The instruction to Mollie under paragraph 1 is temporary and proportionate and has effect only for as long as the ground for it persists. The Platform notifies you of the measure and of the grounds for it without undue delay and informs you what steps you need to take.
(3) A measure under paragraph 1 may be challenged in accordance with Article 45.
Article 26. Set-off and recovery of amounts
(1) You authorise the Platform to collect from you, including by instructing Mollie to deduct from future Payouts, the following amounts, to the extent that they are due:
the Commission and the taxes thereon;
amounts refunded to a Guest as a result of a cancellation by you or of a substantiated Booking Issue;
liquidated damages under Article 33 for cancellation without a valid reason;
chargeback amounts and the related fees under Article 27;
amounts paid in error, including duplicate payments;
amounts obtained by you as a result of fraudulent conduct;
the price difference covered by the Platform on relocation of the Guest under Article 33(4) and Article 35.
(2) The Platform notifies you in writing of any set-off, stating the grounds and the amount, before or at the same time as it is effected.
(3) If the amount exceeds the Payouts due to you, the Platform is entitled to recover it under the general rules.
(4) Set-off does not affect your right to contest the grounds and the amount in accordance with Article 45 and by way of ordinary legal proceedings.
Article 27. Chargebacks
(1) A chargeback is a dispute raised by the Guest with the issuer of their payment instrument in respect of a payment transaction.
(2) Where a chargeback is received in respect of a Booking:
the Platform notifies you without delay;
you must provide, within 5 business days, all evidence necessary to contest the chargeback: confirmation of the stay, communication with the Guest, photographs, identity documents of the accommodated persons, to the extent permissible;
the Platform submits the dispute to Mollie.
(3) If the chargeback is upheld in favour of the Guest, the corresponding amount and the card scheme fee shall be borne by you and the Platform is entitled to set them off in accordance with Article 26, except where the chargeback is attributable to an act or omission of the Platform.
(4) Repeated chargebacks in respect of your Bookings constitute grounds for measures under Article 41.
SECTION IX. TAX AND REGULATORY OBLIGATIONS OF THE HOST
Article 28. General obligation
(1) You are solely responsible for determining, declaring and paying all taxes, charges and social security contributions relating to your letting activity, including: personal income tax (the Bulgarian Personal Income Taxes Act, Zakon za danatsite varhu dohodite na fizicheskite litsa), corporate income tax (the Bulgarian Corporate Income Tax Act, Zakon za korporativnoto podohodno oblagane), patent tax under the LTFA, where applicable, VAT, tourist tax under the LTFA and social security contributions.
(2) The Platform does not provide tax or accounting advice. Any information it provides is general and for information purposes only.
(3) Tourist tax. The tourist tax under the LTFA is owed by the person offering the overnight stays (Article 61r(2) LTFA), that is, by you, and you alone are responsible for it towards the municipality in which the Property is located, including for collecting it from the Guest where you do so, for stating it separately in the document you issue to the Guest (Article 61r(4) LTFA), and for declaring it and paying it to the municipal budget (Article 61r(3) and (5) and Article 61s(7) LTFA). The Platform is not a person liable to pay the tourist tax and does not collect, charge, declare or remit it, whether on your behalf or otherwise; it processes no personal data for the purpose of collecting, declaring or remitting it and takes no part in your obligations relating to it. Where the Listing states a rate of the tourist tax, the Platform only displays that rate, as stated by you, and any amount resulting from it; you are responsible for the rate you state, including for its conformity with the ordinance of the municipal council. Whether you collect the tax from the Guest on site or include an amount for it in the accommodation price you set is your decision, and you must state it in the Listing before the Booking. For each Listing of a Property in the Republic of Bulgaria you also state in the Listing the rate of the tourist tax, in euro per person per night, that applies to the Property under the ordinance of the municipal council (Article 61s(1) LTFA), and you confirm your choice and that rate when you first state them and whenever you change either of them. The Platform does not publish such a Listing until you have stated and confirmed them, and it may stop a published Listing without them from taking new Bookings until you state them; Article 42 applies to that measure. To show the Guest the amount before the Booking, the Platform multiplies your rate by the number of persons under the Booking, infants not included, and by the number of nights, and keeps your choice, the rate, the number of persons and of nights and that amount with the Booking; a change you make applies only to Bookings requested after it. An amount you include in your price for that purpose is part of your accommodation price and not a tax collected by the Platform: the Platform collects it under Article 22 only as part of that price, and Article 21(1) applies to it. This paragraph applies mutatis mutandis to the Τ.Α.Κ.Κ. (Article 15c) and to any equivalent tax or levy in another country.
Article 29. Obligations under the Tourism Act
(1) For properties situated on the territory of the Republic of Bulgaria you must:
ensure the registration or categorisation of the Property prior to publication of the Listing (Articles 111 and 113 TA);
maintain a register of accommodated tourists;
submit data to ESTI (this obligation is yours and not the Platform's, and applies also to natural persons providing accommodation);
declare and pay the tourist tax under the LTFA in accordance with the ordinance of the relevant municipal council (this obligation is yours alone and not the Platform's; see Article 28(3));
maintain the Property in compliance with the requirements applicable to its category or registration.
(2) The Platform may request evidence of compliance with these obligations and may suspend the Listing if such evidence is not provided.
(3) For properties outside the Republic of Bulgaria you must comply with the relevant national regime for registration, reporting of accommodated persons and tourist taxes, and provide the Platform with evidence of such compliance upon request.
Article 30. DAC7 reporting
(1) The Platform is a reporting platform operator under Directive (EU) 2021/514 (DAC7) and under Section VIII of Chapter Sixteen TSIPC. The rental of immovable property, including short-term accommodation, is an expressly covered relevant activity.
(2) For the purposes of due diligence and reporting, you must provide:
your name or corporate name and primary address;
your tax identification number and the country of issue;
your VAT number, where you are a registered person;
your date of birth (for natural persons), or registration number (for legal entities);
the address of each Property you let and the land register file number, where available.
(3) The Platform verifies the reliability of the information provided and reports it to the National Revenue Agency by 31 January of the year following the reportable calendar year. The Platform retains the due diligence documentation and the reports for a period of 10 years. The following are also reported: the total consideration paid to you, broken down by quarter; the number of relevant activities; and any fees and commissions withheld.
(4) The Platform provides you with a copy of the information reported in respect of you.
(5) If you fail to provide the requested information, after two reminders and the expiry of a 60-day period from the first reminder, the Platform is entitled to instruct Mollie to suspend Payouts to you and/or to close your account. This measure is expressly provided for under the DAC7 mechanism and does not constitute a breach of these Terms by the Platform.
(6) The legal basis for processing these data is Article 6(1)(c) of Regulation (EU) 2016/679.
(7) The Platform reports in the Republic of Bulgaria as its Member State of registration. In accordance with the single Member State reporting principle under Directive (EU) 2021/514, data concerning Properties and Hosts in the Hellenic Republic are exchanged automatically between the National Revenue Agency and Α.Α.Δ.Ε. The Platform does not carry out a separate registration in Greece for DAC7 purposes.
Article 31. Self-billing
(1) As at the effective date of these Terms, the Platform does not issue invoices in the name of Hosts. Should this facility be introduced, it will apply only pursuant to a separate written agreement.
(2) Where applicable and with your express consent, the Platform may issue invoices in your name for the accommodation service, in accordance with Article 113(11) VATA or, as the case may be, in accordance with the legislation applicable in the country of the Host's establishment.
(3) Self-billing is carried out on the basis of a separate written agreement governing the procedure for your acceptance of the invoices. Without such an agreement, the Platform does not issue invoices in your name.
Article 32. No package travel
(1) The Platform does not organise or facilitate the organisation of package travel within the meaning of Directive (EU) 2015/2302 and TA.
(2) It is prohibited to offer through the Platform accommodation in combination with another travel service at an inclusive price, under the designation "package" or in a manner that could result in what is offered being classified as package travel or as a linked travel arrangement.
(3) If you offer additional services, they must be clearly separated, separately priced, and must not be booked through a linked online booking process in which the Guest's data are transferred to another trader.
SECTION X. CANCELLATION AND BOOKING ISSUES
Article 33. Cancellation by the Host
(1) You are not entitled to cancel a confirmed Booking without a valid reason.
(2) A valid reason exists in the case of: a circumstance falling under section 6 of the Cancellation Policy; circumstances rendering the Property objectively unfit for use and arising through no fault of yours; or a reasonable suspicion of fraud or of a breach of these Terms by the Guest.
(3) In the event of cancellation without a valid reason, the Platform is entitled to:
charge liquidated damages amounting to 20 % of the price of the cancelled Booking, but not more than EUR 200. For Bookings with a value below EUR 100 no liquidated damages are due; the measures under Article 41 apply;
block the calendar for the cancelled dates;
publish in your Listing an automatic notice stating that the Booking was cancelled by the Host without a valid reason;
apply measures under Article 41 in the event of repeated breaches.
(4) The Platform covers for the Guest the price difference arising from relocation to a comparable Property and is entitled to set it off against your Payouts up to 20 % of the accommodation price under the cancelled Booking, but not more than EUR 200.
Article 34. Cancellation Policies
(1) For each Listing you select one Cancellation Policy: from among the templates offered by the Platform, Flexible, Moderate and Strict, or you define your own terms.
(2) The templates constitute standard terms proposed by the Platform. By selecting them you accept them and they bind both you and the Guest.
(3) Your own terms may not be less favourable to the Guest than the Strict policy and may not exclude the Guest's rights in the event of cancellation by you or in cases of Extenuating Circumstances.
(4) The Platform's rules on Booking Issues and Extenuating Circumstances (Article 27 of the Guest Terms) prevail over the Cancellation Policy selected by you in the situations they govern. Amounts refunded to the Guest are set off in accordance with Article 26.
Article 35. Booking Issues
(1) Where a Guest submits a substantiated report under Article 27 of the Guest Terms, the Platform notifies you and grants you a period of 24 hours to submit your position and evidence.
(2) The Platform issues a reasoned decision. Where the report is upheld, the amount refunded to the Guest is set off against your Payouts.
(3) The decision may be challenged in accordance with Article 45 and, where it concerns a cancellation or a refund, also in accordance with section 10 of the Cancellation Policy, within 30 days of notification. That period does not limit your right to challenge the same decision through the internal complaint-handling system within the six-month period under Article 45(8). Challenging the decision does not affect your right to judicial protection.
SECTION XI. DAMAGE
Article 36. Damage Report
(1) You are entitled to submit a Damage Report in accordance with Articles 32–35 of the Guest Terms if a Guest, a person accommodated by the Guest or a pet has directly caused: physical loss of or damage to property; lost revenue from subsequent bookings cancelled as a direct result of the damage; or cleaning costs materially exceeding the cleaning fee announced.
(2) The Damage Report is submitted through the Platform within 14 days of the check-out date or before the start of the next booking, whichever occurs earlier.
(3) The burden of proving the grounds and the amount rests with you. You must submit: photographs taken before and after the stay bearing a verifiable date; invoices, repair quotations or expert valuations; and any other relevant documentation.
(4) The Platform grants the Guest a period to submit their position and counter-evidence and issues a reasoned decision.
(5) The Platform does not guarantee that the amount will be collected. Automatic collection from the Guest's payment instrument is limited to EUR 500 per Booking. For the balance you may pursue your rights under the general rules.
(6) The Platform's decision is not an arbitral award and does not affect your right to judicial protection against the Guest.
Article 37. Insurance
(1) You must maintain valid insurance covering your civil liability for bodily injury and damage to property of third parties in connection with the Property, as well as insurance of the Property itself, in so far as applicable.
(2) The Platform does not provide insurance cover and is not an insurer or an insurance intermediary. The mechanism under Article 36 is a contractual dispute resolution mechanism and not insurance.
(3) The Platform may request evidence that insurance is in place.
(4) The Platform does not take responsibility for, and is not liable for, any loss of or damage to your Property, its contents and furnishings or any other property of yours or of the owner of the Property located there, or for any loss resulting from it (including lost revenue and cleaning costs), however caused, including by Guests, by persons accommodated by them, by their pets, 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 Guest concerned (and, where applicable, your insurer). The Platform's only role is to administer the Damage Report procedure under Article 36 as an intermediary, including deciding on Damage Reports and collecting amounts within the cap in Article 36(5); that procedure is not a guarantee, an insurance or a compensation scheme, and you should cover the risk of such loss or damage by the insurance referred to in paragraph 1. This paragraph does not affect the Platform's obligations under Article 36 or, in respect of any amount collected from the Guest under that Article, under Article 22(4), and it does not exclude the Platform's liability under Article 50(1) to (3), nor any right that cannot be excluded or limited under a mandatory rule of law, including, where you are a Private Host who qualifies as a consumer, your rights under the CPA or under the mandatory consumer protection provisions referred to in Article 54(2).
SECTION XII. REVIEWS, CONTENT AND MODERATION
Article 38. Reviews
(1) The two-sided system under Article 36 of the Guest Terms applies: both the Guest and the Host may leave a review within 14 days, and the reviews are published simultaneously.
(2) It is prohibited to: offer or provide any benefit in exchange for a review; threaten or coerce a Guest with a view to influencing a review; publish a review of your own Property or of a Property of a related person; or request the removal of a review merely because it is negative.
(3) The Platform removes a review only on the grounds set out in Article 36(4) of the Guest Terms, in accordance with the procedure under Article 40.
Article 39. Prohibited conduct
In addition to the prohibitions under Article 38 of the Guest Terms, the following are prohibited:
declaring a false trader / private individual status;
publishing a Listing for a Property that does not exist, is not available or to which you have no right to admit guests;
circumventing the Platform contrary to Article 20(3);
discriminating against Guests on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability or age;
manipulating ranking, reviews or availability;
installing monitoring devices in interior spaces.
Article 40. Notification, measures and reasoned decision
(1) Articles 39, 40, 41 and 43 of the Guest Terms apply mutatis mutandis as regards: the absence of a general monitoring obligation; the notice and action mechanism for illegal content; the choice and proportionality of measures; and the measures against misuse of those mechanisms, the latter being applied voluntarily in accordance with Section 9 of the Content and Moderation Policy.
(2) Article 42 of the Guest Terms does not apply to Hosts in its entirety, including paragraph 5 thereof concerning the certified out-of-court dispute settlement body. Complaints are handled in accordance with Article 45 of these Terms, and the other remedies are set out in Article 46.
(3) In respect of any measure taken against your Content, the Platform provides you with a statement of reasons containing the elements set out in Article 17 of Regulation (EU) 2022/2065, including whether automated means were used.
SECTION XIII. RESTRICTION, SUSPENSION AND TERMINATION
This Section implements Articles 3 and 4 of the P2B Regulation.
Article 41. Grounds for restriction and suspension
(1) The Platform may restrict or suspend, in whole or in part, the provision of its intermediation services to you if:
you breach these Terms or the incorporated policies;
you breach applicable legislation, including TA, tax legislation and personal data protection legislation;
you fail to provide a Registration Number or the number provided is invalid, suspended, withdrawn or duplicated (Article 14);
you fail to provide the information referred to in Article 8, Article 11 or Article 30;
your Listing contains illegal Content or Content incompatible with the Terms;
you systematically receive substantiated complaints or negative reviews evidencing a material discrepancy with the Listing;
you repeatedly cancel confirmed Bookings without a valid reason or fail to respond to booking requests;
there is a reasonable suspicion of fraud;
the measure is necessary to protect the life, health or property of the Platform, of consumers or of third parties;
there is an order of a competent authority.
(2) The choice of measure is proportionate to the gravity, nature and repetitiveness of the breach. The Platform applies, in so far as possible, the least intrusive sufficient measure.
Article 42. Procedure for restriction and suspension
(1) Prior to, or at the latest at the time when, the restriction or suspension takes effect, the Platform provides you with a statement of reasons on a durable medium, by e-mail and through your account (Article 4(1) of the P2B Regulation).
(2) The statement of reasons sets out: the specific facts and circumstances; the ground (a contractual provision or a statutory requirement); whether the decision was taken on the basis of a third-party notice; whether automated means were used; and information on the available avenues for challenging the decision.
(3) No statement of reasons is provided where the Platform is subject to a legal obligation not to provide one or where it can demonstrate that you have repeatedly breached the Terms, justifying termination (Article 4(4) of the P2B Regulation).
(4) Where the nature of the breach so permits and it is not material, the Platform notifies you in advance and grants you a reasonable period to remedy it.
Article 43. Termination
(1) You may terminate the contract at any time through your account or by message to [e-mail], without giving reasons and without penalty, subject to compliance with your obligations in respect of Bookings already confirmed.
(2) The Platform may terminate the contract:
on 30 days' notice, without stating a reason (Article 4(2) of the P2B Regulation);
immediately and without notice, in the event of a material breach of these Terms, a breach of applicable legislation, repeated breaches, the installation of monitoring devices in interior spaces, fraud, withdrawal of the Registration Number, an order of a competent authority, or where this is necessary to protect the life, health or property of persons.
(3) The notice under paragraph 2(1) is accompanied by a statement of reasons on a durable medium.
Article 44. Consequences of termination
(1) Where you terminate, termination takes effect after performance of the Bookings already confirmed, unless you, the Platform and the Guests concerned agree otherwise. Bookings are cancelled with a full refund to Guests only in the event of termination under Article 43(2)(2).
(2) Payouts due to you in respect of stays already completed are made under the general rules, after deduction of the amounts due.
(3) You have the right to download your data under Article 47 within 30 days of termination.
(4) You may not create a new account for as long as a measure imposed remains in force.
(5) Termination does not affect: monetary obligations already incurred; the provisions on liability, indemnification, governing law and dispute resolution; and the obligations which by their nature continue to apply.
SECTION XIV. COMPLAINTS, OUT-OF-COURT DISPUTE SETTLEMENT AND DATA ACCESS
Article 45. Internal complaint-handling system
(1) The Platform operates an internal complaint-handling system voluntarily. As a microenterprise within the meaning of Commission Recommendation 2003/361/EC, it is exempt from the obligation under Article 11 of the P2B Regulation pursuant to Article 11(5) thereof. The commitments made in this Article are binding on the Platform.
(2) The Platform maintains a free internal complaint-handling system for Hosts, accessible at [link].
(3) You may submit a complaint concerning:
failure by the Platform to comply with an obligation under these Terms or under applicable law which affects you;
technological issues which affect you directly;
measures or conduct of the Platform which affect you directly, including restriction, suspension, termination, deferral of Payouts and set-offs.
(4) The Platform handles complaints promptly, in good faith, objectively and proportionately to their importance and complexity, and issues a reasoned decision, expressed in clear and plain language, within 14 days.
(5) The decision is not taken solely by automated means.
(6) The Platform publishes annually information on the number of complaints lodged, their main types, the average time needed to process them and the aggregate outcomes (voluntarily, modelled on Article 11(4) of the P2B Regulation).
(7) The Platform is entitled to suspend, for a reasonable period, the handling of complaints from a Host who frequently submits manifestly unfounded complaints, following a warning.
(8) A complaint must be submitted within six months of notification of the measure or of the decision being challenged.
Article 46. Out-of-court dispute settlement
(1) As a microenterprise, the Platform is exempt from the obligations under Article 12 of the P2B Regulation and is not bound to engage in mediation or to identify mediators.
(2) If a complaint under Article 45 is not resolved, the Platform is willing to discuss a voluntary settlement of the dispute, including through mediation, if both parties so agree. The costs in such a case are agreed between the parties.
(3) The right of either party to bring proceedings before the competent court remains entirely unaffected and does not depend on the exhaustion of the procedure under Article 45.
(4) If the Platform ceases to meet the criteria for a microenterprise, Article 12 of the P2B Regulation becomes applicable and this Article will be amended in accordance with Article 53, identifying at least two mediators.
Article 47. Data access
(1) In implementation of Article 9 of the P2B Regulation, you have access through your account to:
the personal and other data you provide to the Platform or which are generated through your use of the services;
aggregated data on the performance of your Listings: number of impressions in search results, number of visits to the Listing, conversion rate, number and value of bookings, number of reviews and average score;
aggregated data on the searches that led to your Listings being displayed.
(2) The data are provided in a structured, commonly used and machine-readable format. You may download them at any time from [link].
(3) The Platform does not provide data the disclosure of which would infringe the rights of third parties or would enable individual Guests to be identified beyond what is necessary for the performance of the Booking.
Article 48. Additional distribution channels
(1) The Platform may display your Listings on partner websites, in third-party mobile applications and in other distribution channels, with a view to increasing their visibility.
(2) The current list of channels is available at [link]. You may opt out of individual channels through your account settings.
(3) The terms of bookings made through such channels are the same as those of bookings made directly through the Platform.
SECTION XV. PERSONAL DATA
Article 49. Data protection roles
(1) The Platform processes your personal data as a controller (see the Privacy Policy).
(2) In respect of the personal data of Guests which you receive through the Platform, you are an independent controller. You are solely responsible for compliance with Regulation (EU) 2016/679 and with the Bulgarian Personal Data Protection Act (Zakon za zashtita na lichnite danni), including for:
providing Guests with the information required under Articles 13 and 14 GDPR in respect of your own processing;
having a lawful basis for each processing operation;
maintaining a register of accommodated persons, submitting data to ESTI and any processing of personal data for the purposes of collecting, declaring and paying the tourist tax, on the basis of Article 6(1)(c) GDPR; the Platform carries out none of these;
lawful and disclosed video surveillance, in compliance with the absolute prohibition under Article 16(5);
data security and notification in the event of a breach.
(3) You are prohibited from using Guests' data for purposes other than the performance of the specific Booking and compliance with your statutory obligations. It is expressly prohibited to use them for marketing without separate consent, to disclose them to third parties or to include them in your own databases for future offers.
(4) Upon termination of the contract you must erase Guests' data, save in so far as their retention is necessary for compliance with a legal obligation.
SECTION XVI. LIABILITY
Article 50. 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 on its part, on the part of its legal representatives or of persons employed by it in the performance of its obligations, as well as under assumed guarantees and under strict liability imposed by law.
(2) The Platform is also liable without limitation for other damage resulting from an intentional or grossly negligent breach of duty.
(3) The Platform is not liable for damage resulting from a breach caused by ordinary negligence, except in the case of a breach of a material contractual obligation. In that case, liability is limited to the foreseeable damage typical of a contract of this kind.
(4) The Platform is not liable for: the acts and omissions of Guests and of third parties; non-performance of the accommodation contract; any loss of or damage to the 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 to 3 (Article 37(4)); loss of profit, loss of reputation and lost business opportunities, except in the case of intent or gross negligence; interruptions of the internet and of telecommunications infrastructure beyond its control.
(5) In so far as liability is excluded or limited, this also applies to the personal liability of the legal representatives, employees and persons employed by the Platform in the performance of its obligations.
Article 51. Indemnification
(1) You undertake to indemnify the Platform against claims, liabilities, damage, losses and costs, including reasonable attorneys' fees, arising from: your breach of these Terms; inaccurate, incomplete or misleading content of the Listing; or your failure to comply with your obligations under Section IV and Section IX.
(2) This obligation arises only in so far as the claims and damage are adequately caused by your culpable breach of a contractual obligation under these Terms, including of the warranties given under Article 17(1).
(3) The Platform notifies you promptly of any claim, does not acknowledge it without your consent and gives you the opportunity to participate in the defence.
Article 52. Force majeure
Neither party is liable for non-performance resulting from extraordinary and unforeseeable circumstances beyond its reasonable control, the consequences of which could not have been avoided despite the exercise of due efforts. The affected party notifies the other without undue delay.
SECTION XVII. AMENDMENT OF THE TERMS
Article 53. Amendments
(1) The Platform may amend these Terms and the Fee Schedule.
(2) The Platform notifies you of the proposed amendments on a durable medium at least 30 days before the date of their entry into force (this period exceeds the minimum of 15 days under Article 3(2) of the P2B Regulation).
(3) Where the amendment requires technical or commercial adaptations on your part, the period is extended as necessary for the adaptation.
(4) During the notice period you have the right to terminate the contract without penalty. Termination takes effect within 15 days of receipt of the notification, unless you specify a shorter period.
(5) You may waive the notice period by express declaration or by a clear affirmative action.
(6) An amendment introduced without observing the period referred to in paragraph 2 is null and void (Article 3(3) of the P2B Regulation).
(7) The period referred to in paragraph 2 does not apply where the amendment is imposed by a legal obligation which does not permit compliance with it, or is necessary to counter an unforeseen and imminent danger to the Platform, to consumers or to third parties.
(8) Retroactive amendments are not permitted, except where they are necessary to comply with a legal obligation or are for your benefit.
(9) An amendment does not apply to Bookings already confirmed.
SECTION XVIII. FINAL PROVISIONS
Article 54. Governing law and jurisdiction
(1) These Terms are governed by the law of the Republic of Bulgaria.
(2) If you are a natural person (a Private Host) and you qualify as a consumer under the applicable law, the mandatory consumer protection provisions of the country of your habitual residence apply irrespective of the choice of Bulgarian law (Article 6(2) of the Rome I Regulation), and the competent court is determined in accordance with Article 18 of Regulation (EU) No 1215/2012.
(3) If you act as a trader, the competent court is the court of the Platform's registered seat, [city].
(4) Before bringing proceedings before a court, the parties cooperate in good faith to settle the dispute under Article 45 and may have recourse to the means set out in Article 46. The exhaustion of those procedures is not a condition for bringing proceedings before a court.
(5) The choice of Bulgarian law does not affect the mandatory provisions of the law of the place where the Property is located, in so far as they govern registration, categorisation, the requirements applicable to the property and tax obligations. For properties in the Hellenic Republic, these matters are governed by Greek law.
Article 55. Notices
(1) Notices are given electronically: to the e-mail address you have provided and through your account.
(2) A notice sent by e-mail is deemed received on the third day after it is sent, unless it is received earlier or a delivery failure message is received. The statements of reasons under Article 42 and the notice periods under Articles 43 and 53 are duplicated with a notification in your account and are deemed served on the later of the two events.
(3) You must keep your e-mail address up to date.
Article 56. Assignment
(1) You may not assign your rights and obligations without the Platform's written consent.
(2) The Platform may assign them in the event of a reorganisation or a transfer of undertaking, on 30 days' notice and provided that the assignment does not diminish your rights. You have the right to terminate the contract without penalty before the date of the assignment.
Article 57. Severability
The invalidity of an individual clause does not entail the invalidity of the Terms as a whole.
Article 58. Language
The Terms have been drawn up in English. The English text is the only authentic and binding version of the Terms. The Platform provides a Bulgarian translation of the 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 provisions of the law of the place where the Property is located or of the country of habitual residence of the Host, where the Host is a consumer.
Article 59. Entry into force
These Terms enter into force on [date] and supersede all previous versions. Archive: [link].