General Terms and Conditions
- The present Terms and Conditions represent a Contract for services provided by the website www.busexpress.bg, a property of Gotikket BG Ltd. (Unified Company Number 206541897) for the purposes of online communication between bus carriers offering passenger transportation, hereinafter referred to as Carriers, and any potential buyers-users, hereinafter referred to as Customers, and stipulate the rights and the obligations of the users of the website www.busexpress, that is a property of Gotikket BG Ltd.
- The parties to the present Contract are Gotikket BG Ltd., hereinafter referred to as the Provider, (Unified Company Number: 206541897) on the other hand, and any Internet user who has visited the website www.busexpress.bg, hereinafter referred to the Website, on the other hand.
- An activity means a clicking/pressing/selecting/highlighting any electronic link or ad banner forwarding the User to other webpages of the Website or beyond.
- A passive conduct means that the Website stays open after being loaded into the User’s browser.
“Website/Site” - is a special place in the Global Internet Network, accessible through its unified address (URL) under HTTP, HTTPS protocol or another standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources;
“Internet User” - User of an Internet website or site, hereinafter referred to as User, is any person (Customer or Carrier) that following the electronic address or accessing the Website via forwarding from other Internet site who, if interested, agrees to execute buying or selling of goods and/or services electronically;
“Interface” – a combination of graphical objects, associated via a program code by means of which the User communicates with the Internet site in a most suitable way.
“Platform” - a set of preliminary, design and graphic solutions comprising a complete product that allows the Users to access all options and opportunities provided by Internet.
“Browser” – a computer program that provides transmission, processing and data visualization using different types of data transfer protocols.
“Link” – a graphic or text element, which, when activated, allows the browser to process data and visualize the linked page, information source or object by using standardized protocols.
“Malicious actions” are actions or inactions violating the Netiquette or causing damage to people connected to the Internet or associated networks, such as sending undesired mail (unwished commercial messages, SPAM), obtaining access to resources with somebody else’s rights and passwords, taking advantage of system faults for personal benefit or acquiring of information (HACK), performing actions that may be qualified as industrial espionage or sabotage, damaging or destroying of systems or information massifs (CRACK), sending “Trojans” or causing installation of viruses or remote control systems, interfering with the normal work of the rest of the Internet and associated networks’ users, performing any actions that may be qualified as crime or administrative infringement under the Bulgarian legislation or another applicable law.
“Information System/System” – any device or a group of inter-connected devices which in pursuance of specific program provide automatic data processing.
“Internet webpage” – as per the present General Terms and Conditions means a component and separate part of a website.
“IP Address” - is a unique identification number associating a computer, Internet page or resource of the Customer in such a manner that allows their localization in the global Internet network.
“Password” - is a code of letters and/or numbers or symbols chosen by the Customer, which together with the user name individualizes the latter and enables them to access their profile.
“User name” - is a unique code of letters and/or numbers or symbols by means of which the Customer is individualized in his relations with the Provider.
“Log In”– any action on part of the User to register their user name and password in a given webpage so that they can use its additional functions.
“Customer’s Profile” - is a separate part of the Provider’s website, containing information about the Customer, required and stored by the Website, used and processed only for the purposes of Art. 4, Para.1, Section 3 from the Personal Data Protection Act; access to the customer’s profile is obtained by entering user name and password; the Customer’s Profile supports the communication between the User and the Provider.
“Contingency”– any event unforeseen prior to the conclusion of the contract which makes the provision of the services objectively impossible.
Ticket/Electronic Ticket/E-ticket – an electronic document with unique number and barcode with secret number, issued to the Customer by the Provider to certify that according to the provisions of Art. 48 from the Consumer Protection Act, the latter have concluded with a given Carrier from the Website via the information platform www.busexpress.bg and by using the e-form, a Distant Sales Contract for the prices stated on the Website, and under the conditions of the contract concluded have performed an advance payment partially or to the full amount of the price of the goods/services purchased distantly.
Subject of the Contract
- The Provider shall provide to the Customer a platform for the online purchase of tickets for specific dates and bus-lines via the Website, under the terms of the Distant Sales Contract as of Article 48 from the Consumer Protection Act, by exercising his powers given to him by virtue of this Contract.
- The Distant Sales Contract under which the Customer purchases services by using the Provider’s Interface is different from the present General Terms and Conditions; and upon electronic request to conclude a Contract of Purchase/Sale, the Customer agrees with these General Terms and Conditions as well as with the contents of the Distant Sales/Purchase Contract which includes payment in advance, and is easily accessible on the Website.
- The Provider’s only obligation is to maintain the Website, without being liable for any of the following cases:
- For damage caused by incorrect behavior of any third parties offering bus tickets on the Website which is a property of the Provider, or any third parties, agents or travel agencies on the Website;
- For damage caused by the Carrier related to the transportation of passengers and their luggage, to an accident or a road accident, to delays or cancellation of services, or to lost/stolen/missing luggage.
- For infringement of copyright and any related rights by positioning the materials subject to such rights granted by third parties promoting via the Internet site that is a property of the Provider.;
- For any damage caused by other websites accessible via links/banners published on a Website;
- For any damage caused to the Customer during the provision of the service except for intentionally caused damage (by employees of the Provider);
- If the Customer leaves his account logged on a computer or permits and/or allows in some way unauthorized access to his account by third parties who subsequently have abused his registration;
- In case of damage incurred due to absence of access or interruption of access to the Website due to circumstances beyond the powers of the Website team.
- The user name with which the Customer has been registered does not allow for any other rights except for the right to use this user name within the Provider’s Information System. When the Customer changes their username, the Provider shall not check or be held responsible for the authenticity of the new username, nor shall he be responsible if it affects the rights of third parties, in particular, the right to a name or any other personal rights, the right of commmercial name, the right to a trademark or any other intellectual property rights.
- The Customer undertakes, while using the provided access to the electronic platform, to comply with the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Netiquette, the rules of morality and decency; not to damage the reputation of other parties, not to call for violent changes in the constitutional order, not to commit a crime, not to commit personal violence or incitement of any racial, national, ethnic or religious hatred, not to preach fascist or any other anti-democratic ideology, not to infringe someone else's property or non-property rights, including intellectual property rights; the Customer should immediately notify the Provider in case of infringement committed or revealed; he should not interfere with the proper operation of the system, including but not limited to; the Customer should not interfere and hinder the procedure for other users' identification; should not expand his access except for what is already provided to him; not to infringe or impede the availability, reliability or quality of the access, and not to use this access in a way that may cause rejection of its use; not to extract by technical means any information resources or parts of information resources belonging to databases located on the website of the Provider and thus not to create a personal database in electronic or any other form; not to impersonate another person or otherwise mislead others about their identity or affiliation to a particular group of people; not to carry out malicious actions under these Terms. Each of the registered users of the Website - being Customers and Carriers alone, should authorize the Provider : by using the information platform www.busexpress.bg to negotatie and/or conclude contracts, to register contracts already concluded between Carriers and Customers; also on behalf of the Authorizers to accept and forward any payments to already Distant Sales Contracts between a Carrier and a Customer with advance payment.
- Except for cases where expressly agreed otherwise, the Customer should not reproduce, modify, delete, publish, distribute and disclose any information resources published on the Website.
Personal Data Protection
- The Provider shall take due care and be responsible for the protection of any Customer information revealed to him upon registration - subject to these General Terms and Conditions, except in the case of force majeure, contingency or malicious acts incurred by third parties.
- In the registration form filled in by the Customer upon registration, the Provider shall mark the obligatory or voluntary nature of the provision of data and the consequences of refusal to grant them. Upon expression of agreement with these General Terms and Conditions, the Customer agrees that any information for him shall be processed in accordance with the procedure of the former.
- Any restrictions as per Item 1 shall not apply in case when the Customer or persons under his control have committed any malicious actions within the present General Terms and Conditions or have violated the rights or the legitimate interests of third parties. In this case, the Provider has the right to provide any personal information regarding the Customer to the competent State Bodies in accordance with the legislation in force.
- The Provider collects and uses any information regarding the Customer only for the purposes provided in the present General Terms and Conditions. The purposes for which the information shall be used are not exhaustively listed and do not hold the Provider liable.
- With the acceptance of these General Terms and Conditions, the Customer agrees to have their personal data processed and used for the purposes of the Distant Sales Contract for the purchase of bus ticket online by consent on advance payment.
- The Provider undertakes not to disclose any personal information regarding the Custoomer and not to provide the information gathered to any third parties – State Bodies, public authorities, companies, individuals and others, except in the cases when:
- The Provider has received the explicit consent of the Customer upon registration time or later.
- The information has been requested by the state authorities or officials who, according to the active legislation, are empowered to require and to collect such information in compliance with the legally established procedures;
- Other specified by the Law.
- The Customer agrees that a part of the Provider's employees, depending on their duties, shall have access to the following information: e-mail address, IP addresses, etc. , but does not have the right to disclose/distribute them except as provided in these General Conditions.
- By registering on the Website, the Customer allows in his user profile on the Website, on Facebook or anywhere else on the Internet or on his email stated by him, to be sent personal, advertising or other commercial messages from the Provider or any other Carriers promoting their services on the website; he also consents that the Provider can supply the Carriers with the telephone number and the e-mail address of the Customer when necessary to contact the passenger who has bought a ticket.
- The Provider shall preserve his right to process, grant or sell a summarized or anonymous information for statistical and marketing purposes.
- The present General Terms and Conditions comprise the following documents:
- The Provider reserves the right to amend or supplement these General Terms and Conditions unilaterally without due notification to the Customer.
- The Provider has the right to restrict the access to all or a part of their Customers to a part of or to all of the services provided on the Website ( in case of unregistered access, force majeure, etc.).
- The Customer declares that he has been acquainted that the services purchased by him on the Website fall within the stipulations of Article 50, Paragraph 3, Section 2 from the Customer Protection Act.
- The Customer declares that he has been acquainted that the transportation of children below the age of 14 years is not allowed, if they are unattended by an adult companion or if they do not travel in compliance with the applicable legislation.
- The Customer explicitly states their consent to pay in advance the price as per the Contract for Purchase/Sale concluded via this platform.
- The Parties declare that, in case any of the clauses of the present General Terms and Conditions proves to be invalid, that shall not invalidate the Contract or any of its clauses or items. A clause deemed invalid shall be replaced by the normative rules of the law or practice.
- For any issues pending as under the present General Terms and Conditions, the provisions of the active legislation of the Republic of Bulgaria shall be applied.
- These General Terms and Conditions can be reviewed and updated at any time by the Provider. If you continue to use the website, you expressly consent to the changes made so far.