Terms of Service

Uni EVENTS 360 PLTD. (UE360) carries out trips and incentive programs (both referred to as “Programmes” hereafter) for business customers and merchants as pure non-flight programs (where flights are necessary the customer shall purchase same directly from the respective airlines or consolidators or shall use UE360 as an agent to procure such flights). Unless provided in a different way an individual contract the following Terms and Conditions shall apply to programs.
In the below Terms and Conditions our customers being party to a contract with UE360 shall be defined as “customer(s)” and the participants benefiting from the programs shall be defined as “participant(s)”. In relation to the participants UE360 adopts the role of a tour operator under Licence number 7627 of the Bulgarian Ministry of Tourism (“SOFIA _ EUROPE ”); this does, however, not affect the relationship with the customer

 

1. Conclusion of contract
1. UE360 will develop a detailed concept provided on the basis of the customer’s requirements and demands. Until the respective contract is concluded, UE360 makes reserve of modification in respect of any applicable concept offered by UE360.

2. The contract shall be concluded in text form. The contractual obligations are stipulated in the contractual documents and in the concept referred to in such documents. Subsequent changes and additions can only be done by mutual agreement and in text form.

3. Sometimes factual change in the agreed programs and the agreed courses of action cannot be avoided, e.g. by weather influence, governmental or the behavior of third parties.
UE360 is entitled to remedy and will try to minimize the remaining differences in performance. Any legal rights of the customer or participant concerning such differences remains unaffected, see section 9.

 

2. Provision of corresponding services on behalf of other persons
1. Where UE360 expressly acts on behalf of another legal or natural person when brokering particular external services like e.g. flights, the conclusion and content of such contracts shall be governed by the applicable laws and by the terms and conditions (if any and provided that such terms and conditions will be included) of the respective external party to the contract. UE360 shall, when acting on behalf of another person, only be liable for appropriate agency but not for appropriate performance of the obligations under the contract concluded on behalf of the respective external person.

2. Should additional or special services be provided (on behalf of other persons with UE360 acting as an agent) at customer’s request and invoiced to individual participants (e.g. connecting stays, individual excursions), any losses of accounts receivable shall be borne by the customer provided that UE360 shall remind payment twice where participants have failed to pay by the applicable due date.

 

3. Data protection
1. UE360 will only collect and record data of participants for purposes of realization and execution of programs. Beyond, data of customers will be used for maintenance of the current and future customer relationship.

 

4. General duty of information concerning the operating air carrier
1. The EU regulation No. 2111/2005 from December, 14th 2005 commits tour operators, travel agencies and mediators of carriage contracts to inform their clients about the identity of each operating airline prior to the equivalent contracted air carriage service, as soon as this has been determined. Should the operating airline change after the booking has been made, the customer has to be informed immediately.

 

5. Payment of the contractual price
1. In view of the fact that UE360 adopts, in relation to the participants, UE360 shall transmit to the customer, the confirmation of order or with invoice.

2. The agreed advance payment shall be due and payable upon receipt of the guarantee certificate. Further advance payments shall be due and payable at the points in time agreed in the contract. When the price increases, e.g. by a higher number of participants, differences to former advance payments become due and payable.
The remaining difference to the final contractual price shall be invoiced with the final invoice as such shall be prepared by UE360 after completion of the Program and which shall then be due and payable within 20 days without deductions or charges.

3. Compensations for revocation shall be due and payable immediately.

 

6. Changes of price
1. If unforeseen for UE360 and beyond its control after the conclusion of the contract exchange rates connected with the program increase or taxes, local taxes of contributions increase or are newly created, UE360 is allowed to increase the contractual price of the program. UE360 is not permitted to increase the price by an amount higher than the amount of the additional costs by the increase in the above-mentioned price components and their effect on the costs of the program. UE360 must inform the customer without delay, at the latest a month prior to the beginning of the program and is obliged to specify and furnish evidence for the increase. The customer entitled to withdraw from the contract without any charge if the price is increased by more than 10%. The withdrawal must be effected without delay. The customer will receive repayment of all payments made to UE360

2. Unless provided in a different way in the contract, the price will be adjusted, if the number of participants increases or decreases. In the case of a reduction of the number of participants the proportionate price per participant may increase, because the share of overhead costs is increased.

 

7. Withdrawal prior to the beginning of the program
1. The client can withdraw from the contract at anytime before the beginning of the program.

 

8. Insurance cover
1. Generally, UE360 recommends the conclusion of a Travel Cancelation Insurance and an additional Travel Health insurance including supporting performances during travels and expenses for return transport. E.g. those insurances are available through the insurance company: Allianz BULGARIA, NUMBER OF INSURANCE CONTRACT 13160161300000002.

 

9. Duties and rights
1. The client or the receptive participant can demand redress if the performance owed by UE360 has a deficiency. UE360 can refuse redress if this requires disproportionately high expenditures.

2. The client or the receptive participant can arrange for redress and demand reimbursement of the expenditures incurred if UE360 fails to arrange redress within a reasonable period of time determined by the client or the receptive participant. Setting a deadline is unnecessary if UE360 refuses redress or if the immediate redress is made imperative on account of a special interest under extraordinary circumstances.

3. The client shall be entitled to a reduction in the price for the duration of non-contractual services. This claim shall cease to be valid if UE360 is culpably not notified of the defect.

4. The demand of redress and the notification of defect are to be addressed at the local representatives of UE360 or, if possible and reasonable, at UE360 directly. Local representatives are not authorized to accept any liability on behalf of UE360.

 

10. Termination of the contract by the customer or UE360
1. UE360 can terminate the travel contract because of important reasons before or during the journey under the rule of the applicable law. An important reason can exist for example if the participant fails to meet the requirements of the journey or if the participant for a prolonged time disturbs or impairs or jeopardizes the course of the journey, and if this is not remedied or cannot be remedied after a warning has been given.

2. Both parties can give notice of termination of the contract if the program is substantially made difficult, is jeopardized of impaired on account of Acts of God, for example war, terror, epidemics, natural disasters, mandatory measures, which were not foreseeable when concluding the contract.

3. Local representations (see section 9 para 4) are authorized to declare termination on behalf of UE360 in case of para 1 and 2 above.

4. If the program is substantially impaired owing to a deficiency or it would be unreasonable, for good and imperative cause, tor the participant to continue the
program, the customer is entitled in the framework of the legal regulations to terminate the travel contract. The termination is admissible if UE360 has been granted a reasonable period for remedy and could not provide remedy or when remedy is impossible or denied by UE360 or the traveller has a special interest, for good cause, to terminate immediately.

5. For all other details about the mutual rights and duties in the cases of termination mentioned under this section see the regulations by law.

 

11. Restrictions of liability in relation to participants.
1. The contractual liability of UE360 arising from the travel contract for damage or financial losses, which are not bodily harms, is limited to three times the price for the journey for the respective participant, as far as:
a. a damage has not been caused by gross negligence nor willfully, or
b. UE360 is to be made liable for a damage caused to the traveller alone on account of the fault of an agent for a performance.

2. The liability for damages resulting from illegal action which are not bodily harms is limited to the threefold travel package price for the participant concerned. The available scope of liability for tortuous acts shall, however, cover an amount of at least E 4.100.

3. Damages which are bodily harms as mentioned in para 1 and 2 above are damages which result from a violation of health, body or life.

 

12. Restrictions of liability in relation to the customer
1. The contractual liability in relation to the customer shall, in respect of a damage which is not a bodily injury (property damage and financial losses), be limited to 150% of the contractual price, unless there is intent or gross negligence. This also applies to any liability of UE360 when acting as an agent or representative for a third party (see section 2 above).

2. The liability in tort in relation to the customer shall, in respect of damage which is not a bodily injury (property damage and financial losses) be limited to 150% of the contractual price, unless there is intent or gross negligence.

 

13. Provisions relating to passports,visas,customs,foreign currency and health
1. The information on the above provisions at the time of booking shall relate to the situation as of the time of the booking. The Participants shall, in such context, be deemed citizens of such EU member state where the declaration to book is submitted, unless the attribution to another country can be recognized. Special personal circumstances must be indicated to UE360 upfront.

2. It is expressly stated that the respective provisions may be altered by government authorities anytime. UE360 shall undertake best efforts to forward information on such modifications to the Participants as quickly as possible. We recommend, however, to follow the news media in order to be able to adapt to modified circumstances early.

3. The Participant should timely inform itself of protection against infections and vaccinations as well as other prophylaxis measures and obtain medical advice on health risks.

4. In the event that from the aforesaid provisions or information difficulties arise for the Participants which prevent or affect a participation in the trip, the Customer shall not be entitled to cancel the contract free of charge provided that UE360 is able to render the applicable services and is not responsible for the aforesaid difficulties. Claims based on fault shall not be affected unless limitations of liability apply (under section 10 or 11 or on the basis of the applicable laws).

 

14. Preclusion period–statute of limitation
1. Contractual claims due to complete or partial non – fulfillment or inadequate performance of travel services must claimed from UE360 (for address see at Legal Notice) within one month after the contractually intended termination of the trip.
After the deadline, claims can only be asserted if the traveller was hindered from meeting the deadline without his own fault.

2. Contractual claims which relate to bodily or which are based on intent or gross negligence expire after two years.

 

15. Place of Performances / applicable law
1. Place of performances and jurisdiction for all disputes between the customer and UE360 arising from this contract shall be BULGARIA.

2. The customer and UE360 have agreed on the rule of the Bulgarian law. this last law will rule the relationship between the participants and UE360 as well, unless mandatory laws direct otherwise.