RULES AND TERMS OF USE OF TOSTAY.NET

I. SUBJECT

TOSTAY.NET is a web based system, through which can be offered, sought and booked lodgings on a hotel principle.

On one hand, TOSTAY.NET offers to the owners of lodgings or to authorized by them persons the opportunity to register and publish their own lodgings in the system and as a result they can manage their occupation and finance on their own.

On the other hand , TOSTAY.NET offers to their customers the opportunity to search, compare, choose and book the most appropriate for them lodgings by prior entered by them criteria.

II. MAIN TERMS  

1. Main users of the system

1.1. User -everyone who is entering the system and using any functionality in it. It is not a subject of reporting.

1.2. Customer – everyone who is sending a request, a natural continuation user. Upon confirmation of the booking, an account is made.

1.3. Owner – everyone who is possessing a lodging, type Approved for booking through TOSTAY.NET or an appropriate for publishing in "Advertisement Owners" of the system. All users that hold an account from which they can follow and manage the lodgings.

1.4. Advertising person – everyone who has paid an advertising square in the system. The holds an account from which can follow and manage the visits and the payments.

1.5. Broker – everyone who has paid a searching agent . The same holds and account from which can follow and manage the searching agents.

2. Lodging – main system object, subject of registration, searching and booking.

2.2. Approved lodgings   – all lodgings that have been registered and classified by "destination administrator" or Head   administrator as Approved and a contract has been entered for them. They are the most important object in the system and shown upon "initial search", can be booked.

2.3. Lodgings appropriate for publishing in "Advertisement Owners" – all lodgings that have not been classified as Approved. They are shown upon secondary search. They are presented by the same manner as the approved lodgings but after them there always are shown the contact information of the owner. Appropriate for publishing in "Advertisement Owners" lodgings represent published by the owner advertisement of lodgings.

3. Type of management of the published in the system lodgings – there are two types of management that are determined depending on the fact to whom the management has been given – to the owner or to the system

3.1. System type of management -all lodgings that are managed by a destination administrator or an administrator. They can be booked immediately and without confirmation by the owner.

4.1. External   Type of management - these that are managed by the owner are included in other booking systems. They require confirmation by the owner for a very booking made.

5. Form "Register an Short stay properties " – electronic form that affords the owners of the lodgings to attach their propositions.

6. "Booking form " – electronic form with which the user requests booking and becomes a customer. After filling in and sending the booking form for a certain Short stay properties, the same is being suspended for offering.

7. Cover of a lodging – the picture that presents the lodging upon searching, it acts as the cover of a magazine and must be attractive and provocative

8. Group advertisement – it can only of Approved lodgings . It represents more than one lodgings united: - 1st at the same address in the same building /several Short stay properties in one building/   or 2nd - from lodgings ate different addresses, but of the same owner or manager  /FOROS/. All lodgings Всички lodgings from one group are presented with common "cover"

9. Searching agent – paid service. A number of criteria that watch,   on a regular basis   search through the system and report if something has been found. This is the service of the type /if in the next three months someone makes an advertisement for offering an office for rent n the ideal downtown of   Varna city between 50 and 150 Euro notify me/.

10. Advertisement square – paid advertisement proposition. It comes in a defined manner at a defined place and for defined time between all covers of lodgings.

11. Destination – the geographic location of he sought and published lodging. It has been presented by two criteria State and City or Resort.

12. Destination administrator – user of system who manages a certain destination.

13. Administrator – user managing the entire system.

14. Initial search – the searching of the lodging by different criteria. All lodgings shown in the results of "initial searc" are of the type Approved lodgings and can be booked through the system.

15. Secondary search – the results shown are of lodgings of the type appropriate for publishing in "Advertisement Owners" and are always after the results of the initial search. Lodgings of type, appropriate for publishing in "Advertisement Owners" cannot be searched directly, there always has to pass through the Approved lodgings first.

III. CONSENT  

16. When using TOSTAY.NET , the uses accepts and agrees with the present rules and terms of use.

17. If the user does not agree with any of the rules of the terms of use of TOSTAY.NET , the same must not use the System.

18. TOSTAY.NET retains the right of modifying the present rules and terms.

19. The user takes the responsibility to follow for the date on which the present rules and terms has been updated.

IV. CHANGE IN SUBMITTED INFORMATION

20. Any modification in the submitted by the users information regardless of the fact whether it has been made on behalf of the relevant user or by an authorized representative of TOSTAY.NET automatically leads to additional confirmation of the other party.

V. ALL RIGHTS RESERVED  

21. TOSTAY.NET has been created and its owner STAY LTD operates with it.

22. All images, logos, pictures, texts, data bases and other information or advertisement materials, published in TOSTAY.NET as well as programme codes, software programmes and applications are Short stay properties of the owner of the System and/or the persons with the whom the latter cooperatives with upon or in regards with the services offered by TOSTAY.NET .

23. STAY LTD and /or its partners are protected by the Copyright Act and its related rights as well as the rest of the applicable legislation.

24. Any use, reproduction, change, public refusal or downloading a part or the entire contents of TOSTAY.NET without the explicit consent of STAY LTD and/or its partners is prohibited and is chased by law practice. STAY LTD reserves the right to initiate legal action against such violations according to the stipulated by the law practice.

VI. OBLIGATIONS

25. The users undertakes not to publish:

25.1. materials that contradict the Bulgarian legislation, the internet etiquette, containing threats for the life an the sovereignty of a man, such that call for violence or race, ethnic or religious enmity, such that violate the rights and legal interests of third persons;

25.2.   materials that contain commercial or official secret or other confidential information

25.3. materials that are subject of the copyright of third persons as well as materials deliberately containing false information or calumny.

26. In the mentioned in it. 25 cases STAY LTD is entitled to delete the published materials and submit to the concerned party the available at TOSTAY.NET information of the violator as well as to deactivate the made by the violator account without a warning.

27. The user undertakes no to use TOSTAY.NET for:

27.1. purposes that pursuant to the Bulgarian legislation are illegal;

27.2. purposes that are harmful, creating a danger, insulting, undermining the honour and the dignity, vulgar, indecent or unacceptable by the judgement of STAY LTD by any other similar reason;

27.3. create, check, update or modify the users and the third persons data bases, files, books, lists with customers, mailing lists, lists with mail addresses used for commercial purposes;

27.4. monitoring or copy of TOSTAY.NET or   it contents regardless of the fact it is made manually or by automatic means including also without limitations – robots, spiders, scripts, crawlers and other automatic means.

28. The user undertakes not to use TOSTAY.NET in a manner that could:

28.1. lead to modifying any part of TOSTAY.NET ;

28.2. damage its functionality;

28.3. overload its infrastructure in the type determined by STAY LTD;

28.4. damage or try to damage the normal functioning of TOSTAY.NET ;

28.5. lead to damaging or worsening the quality of access for the other users to TOSTAY.NET .

VII. LIMITATION OF THE LIABILITY

29. The user is using TOSTAY.NET on his/her own liability.

30. STAY LTD is aiming the published in TOSTAY.NET information to be genuine and updated

31. STAY LTD is not liable for damages or losses caused to persons and or Short stay properties as a result of using TOSTAY.NET or the containing in it information or caused due to following links in it.

32. STAY LTD is not liable for suffered damages and missed profits occurred due to termination, suspension, changing or limiting the services, deletion, modification, loss, ingenuity or incompleteness of data, materials or information used or that become accessible through TOSTAY.NET .

33. STAY LTD is not liable in cases when:

33.1. the access to STAY.NET is terminated or a problem has occurred caused through the fault of STAY LTD;

33.2. the system or the server (servers), through which the access to TOSTAY.NET is carried out, contain viruses or other harmful components;

33.3. registered in TOSTAY.NET user submits information with false contents.

VIII. PERSONAL DATA PROTECTION

34 . STAY LTD is given the power to collect and use personal information from the users of TOSTAY.NET only and just in order to carry out the submitted with system services from which the relevant user want to benefit.

35. STAY LTD reserves the right to submit the collected personal data in certain cases when for example this information is required by authorized to collect it persons, state bodies or officials or related persons with whom STAY LTD performs its activity or cooperates with.

36. By accepting the present rules and terms it is deemed that the user is expressing his/her consent the collected data to be processed for the purposes of carrying out the activities, offered with TOSTAY.NET .

37. The user is entitled to review the collected for him/her personal date through TOSTAY.NET. For the purpose it is necessary to send an email to the appointed email address for additional information. The user is entitled to ask his/her personal information to be changed or deleted.

IX . FINAL PROVISIONS

38. STAY LTD reserves the right to change the technology and the design of TOSTAY.NET without an advance notice.

39. STAY LTD is sending emails to the users of TOSTAY.NET in regards with its services.

40. The present rules and terms contain all rules and terms of the contract between the user and STAY LTD regarding the use of TOSTAY.NET .

41. TOSTAY.NET is governed by the laws of the Republic of Bulgaria.

42. The users that enter TOSTAY.NET from other countries make this voluntarily and are liable for observing the Bulgarian Laws.

43. Every single user of TOSTAY.NET may send questions in regards with the present contract to the following email address: law@tostay.net .

 

Date of last updating 16 .05.2009