ClubXchain.com Website General Terms and Conditions
Art. 1. General
The General Terms and Conditions (the “General Terms and Conditions”) represent a legal agreement between you (“You” or the “User”, the “Customer”) and Orpheus Club Wellness PLC, registered with the Commercial Register of the Registry Agency under the Ministry of Justice of the Republic of Bulgaria under UIC: 160098651, with corporate seat and registered address at 27A, Hristo Botev Blvd., City of Plovdiv, and with the subsidiary, Philipopolis Tour OOD, UIC: 120557755, a tour operator and tourist agent licensed under License No 05396/28.01.2005, with with corporate seat and registered address at 27A, Hristo Botev Blvd., City of Plovdiv, Republic of Bulgaria.
1.1. The website www.clubхchain.com is property of the Bulgarian company Orpheus Club Wellness PLC, UIC: 160098651, with corporate seat and registered address at 27A, Hristo Botev Blvd., City of Plovdiv.
1.2. The access to the online platform www.clubхchain.com shall be made through internet and mobile networks.
1.3. Regardless of the technical means and the manner in which access is provided, the General Terms and Conditions shall have the same legal value and shall be equally binding on the parties.
1.4. Orpheus Club Wellness PLC, UIC: 160098651, reserves the right to amend the General Terms and Conditions at any time for which you will be duly notified by a post on the homepage of Сlubхchain.com.
1.5. Any amendment to the General Terms and Conditions shall not lead to less favorable terms and conditions for already requested and not yet completed exchange operations.
Art. 2 General Terms and Conditions for Booking
These General Terms and Conditions (the “General Terms and Conditions”), together with the information provided in the booking confirmation e-mail (“Booking Confirmation”), indicate the terms and conditions under which Orpheus Club Wellness PLC and the subsidiary Philipopolis Tour OOD agree to provide You with access to the Services through the Clubхchain.com Website (see the terms definitions below).
The General Terms end Conditions, Booking Confirmation, and the relevant Supplier Rules and Restrictions, shall also govern the terms and conditions under which Suppliers agree to provide You with the Services.
The Services provided by Clubхchain.com may only be used by Customers/Users who have first read the General Terms and Conditions, and agree with them unconditionally by clicking on the appropriate field provided for this purpose. It is not possible to proceed with the booking process without this agreement.
The Customers/Users undertake to perform the obligations contained in the General Terms and Conditions. The Agreement between the Customers/Users and Orpheus Club Wellness PLC shall enter into force immediately after Сlubхchain.com provides the Customer with booking confirmation by e-mail.
The Customers/Users shall save and/or print a copy of the General Terms and Conditions for future reference when making a booking.
Art. 3. Definitions and Scope
The following definitions shall have the same meaning, regardless whether singular or plural.
“Customer”/“User” (or “you/your”) shall mean a customer who reserves and/or books one or more services offered on the website.
“Сlubхchain.com” shall mean a website/marketplace for tourism and travel, property of Orpheus Club Wellness PLC.
“Marketplace” shall mean the Сlubхchain.com website, which in its nature is a marketplace that enables transactions in the field of tourism between the Service Suppliers and the Users.
Orpheus Club Wellness PLC shall mean a legal entity, public limited company, registered and resident for all purposes in the Republic of Bulgaria, with corporate seat at 27A, Hristo Botev Blvd., City of Plovdiv, Republic of Bulgaria.
Philipopolis Tour OOD is a subsidiary of Orpheus Club Wellness PLC and a tour operator and tour agent licensed under License No 05396/28.01.2005, registered and resident for all purposes in the Republic of Bulgaria, with corporate seat at 27A, Hristo Botev Blvd., City of Plovdiv, Republic of Bulgaria.
“General Terms and Conditions” shall mean these general terms and conditions for booking and use, provided by the Service Suppliers in the filed of tourism, and which may be amended from time to time.
“Lead Customer” shall mean the Customer who makes a booking for themselves and/or on behalf of others under the same booking.
“Rules and Restrictions” shall mean the terms and conditions applicable to the Suppliers with whom the Customer/User has concluded a separate contract (such as accommodation in a hotel).
“Service” shall mean a service offered by the Suppliers on the Website, such as accommodation services, car hire services, event services.
“Supplier” shall mean a supplier of Services, such as accommodation in a hotel or destination service supplier.
“Website” shall mean the Сlubхchain.com website.
“Cashback” shall mean a reward with advertisement purpose, which is given ti the Customers/Users, who purchase the services form the Suppliers through the website.
These General Terms and Conditions apply to offering of the Services by Orpheus Club Wellness PLC, operating the Website, which acts as a marketplace between you and the various Suppliers offering the Services. When you make a booking for a Service using the Website, You will be entering into a service contract with the relevant Supplier of the Services.
All terms and conditions concerning the services are subject to the general terms and conditions of the Suppliers of the relevant services and shall be confirmed by their Customers/Users. The Сlubхchain.com website shall not be liable for the terms and conditions of the Suppliers and the agreements between the Suppliers and the Customers/Users.
These General Terms and Conditions are subject to the Suppliers' Rules and Restrictions which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is your responsibility to familiarize yourself with the Suppliers' Rules and Restrictions and any third party booking service supplier’s terms and conditions. Specific accommodation Supplier Rules and Restrictions are provided prior to making a booking.
The General Terms and Conditions can be changed by Orpheus Club Wellness PLC at any time without prior notice, although such changes will not apply to bookings that have already been accepted by Сlubхchain.com on behalf of the Supplier(s) concerned. It is therefore essential that all Customers read, save and/or print a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.
Art. 4. Booking via the Website
4.1. The Customer's legal authority
The Website helps the Customer to find travel products and to make the necessary reservations, and acts as a marketplace in the transactions involved with the Suppliers.
The Lead Customer must also ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these General Terms and Conditions and that the Lead Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all Customers in the booking.
The Lead Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.
The Lead Customer agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those traveling under the booking at the following e-mail: office@clubхchain.com.
The Lead Customer is responsible for his/her activities on the Website (financially or otherwise), including the possible use of his/her user name and password. The Customer guarantees that the information entered by him/her on the Website in relation to him/her and, if applicable, his/her traveling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the Services offered by Orpheus Club Wellness PLC and the Suppliers or to the other functionalities of the Website.
4.2. Confirming and canceling bookings
The Booking Confirmation, which includes the essential elements such as the description of the Service booked and the price, will be sent to the Lead Customer by e-mail. If the Lead Customer does not receive a Booking Confirmation e-mail within 24 hours of placing the booking, he/she should contact Customer Services department at office@clubхchain.com
It is expressly agreed that the data stored in the information systems of Orpheus Club Wellness PLC and/or its Suppliers shall constitute proof with respect to the bookings made by the Lead Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
For hotels, the cancellations are described by each Supplier upon selection of the relevant Service by the Customer.
All such requests will be dealt with on behalf of the Suppliers concerned. Customers do not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their Rules and Restrictions (which are provided to the Customer prior to booking), or you have booked.
In the event of cancellation or partial cancellation of a booking by the Lead Customer, charges may be imposed by the applicable Suppliers. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect of each person on the booking.
A fee may be imposed by the applicable Supplier in the event of a cancellation to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.
If a Customer wishes to cancel any part of a booking, and if such cancellation is permitted by the applicable Supplier, then the Orpheus Club Wellness PLC and its subsidiary, Philipopolis Tour OOD, cancellation administration fee shall not apply.
Orpheus Club Wellness PLC reserves the right to cancel a Customer´s booking if full payment for the booking, or any applicable cancellation fee relating to a booking is not received in a timely fashion.
4.2.3. Change of booking
If after making the booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should contact us at office@clubхchain.com or the e-mail of the Supplier specified in the documentation. A fee may be imposed by the applicable Supplier in the event of a change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.
If a Customer wishes to change any part of a booking, and if such change is permitted by the applicable Supplier, then the Orpheus Club Wellness PLC and its subsidiary, Philipopolis Tour OOD, cancellation administration fee shall not apply in addition to any fees imposed by the relevant Supplier.
In the event of a refund to the Customer, the relevant amounts shall be transferred back by the party that took the original payment (such as Orpheus Club Wellness PLC, a Supplier, or such other party as may appear on Customer's credit card or bank statement) to the payment card used to make the original booking. Third party charges may be applied which will not be refundable.
4.2.5 Restricted fares
Unless otherwise stated by the Customer, it is assumed that the Customer requires the least expensive Services. Such Services (e.g. “economy room”, “economy class”) may be provided without any possibility of modification or cancellation. In such cases, the Services cannot be provided in a different manner or at a different time or place to those contracted.
4.3. Travel documents
The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Lead Customer when making his/her reservation.
Orpheus Club Wellness PLC and its website, Сlubхchain.com, do not guarantee any delivery times, and shall not be liable for any physical travel documents sent by post or courier to the Customer. The Customers should make sure that they receive their physical travel documents before the trip.
If the delivery of travel documents is impossible because of an error made by the Lead Customer in providing his/her personal details, neither the Supplier nor Orpheus Club Wellness PLC shall be liable.
Art. 5. Specific Services
Orpheus Club Wellness PLC operates the Сlubхchain.com website, which acts as a marketplace between the Customer and the Suppliers with respect to offering and supplying all Services.
The purpose of this Art. 5 is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer's information. These details are not exhaustive and do not replace the Suppliers' Rules and Restrictions. In the event of any conflict or inconsistency between these General Terms and Conditions and the Supplier's Rules and Restrictions or any third party booking service supplier’s terms and conditions, the Supplier's Rules and Restrictions or the third party booking service supplier’s terms and conditions shall prevail. The Rules and Restrictions of Suppliers shall be made available prior to making a booking.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of Orpheus Club Wellness PLC.
5.1. Accommodation services
Accommodation may be offered separately or as part of a Package Holiday. The accommodation services, whether booked separately or as part of a Package Holiday, are subject to the Rules and Restrictions of the Suppliers offering the accommodation which will be made available before booking and the provisions under this Article 5.6. The Supplier's Rules and Restrictions may include restrictions on and/or charges for cancellation and/or changes imposed by the Suppliers.
Subject to Art. 5.5., any pre-paid “pay online now” hotel bookings and Сlubхchain.com hotel bookings (defined below) will require that the Customer's credit card is charged for the full payment upon reservation. Other hotel bookings will require bank card or credit card details to secure the reservation and final payment will be settled directly with the hotel during the stay. Please refer to the details shown during the reservation process to confirm how and when payment will be made. Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.
Any Customer who does not cancel or change their reservation before the cancellation policy period applicable to the hotel which varies by hotel (usually 24 to 72 hours) prior to the date of arrival will be subject to the charges shown in the Rules and Restrictions for the hotel reservation. Customers should note that some hotels do not permit changes to or cancellations of reservations after they are made and these restrictions are shown in the Rules and Restrictions for the hotel reservation.
It is possible that, from time to time particular activities offered by the Suppliers that are shown in the description of the accommodation on the Website are cancelled, for example as a result of weather conditions or other reasons beyond the Supplier's reasonable control, during in-season stays, or if the required number of participants for the activity is not achieved.
Where sightseeing is concerned, the sequence of the various tourist attractions is shown only as an indication. This can be changed by the Suppliers.
If meals are part of an accommodation package, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the accommodation package. Accommodation which includes main meals generally commences with dinner on the day of arrival at the hotel and terminates with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refunds will be made.
The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself/herself.
Parents are advised to bring special food for their baby with them, as this is not always available locally.
The local authorities in certain countries may impose additional taxes (tourist tax, etc), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.
5.5. Pay now online or pay later at hotel
With hotels, the Customer may be presented with the payment option to “pay online now” or pay at hotel later. If the Customer selects the “pay online now” option, Orpheus Club Wellness PLC will charge the amount to the Customer's credit card in EUR. If the Customer selects “pay later at hotel” option, the hotel will charge the Customer's credit card in the local currency of the relevant hotel at the time of the Customer's stay. In addition to any other taxes and fees payable by the Customer as set out in these General Terms and Conditions, taxes and fees may vary depending on which payment option the Customer chooses. Please note that some hotels may require a deposit which may or may not be refundable (please see Suppliers Rules and Restrictions). Tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Orpheus Club Wellness PLC vouchers may only be applied to bookings with online payment.
5.6. Supplier Rules and Restrictions
Orpheus Club Wellness PLC works with Suppliers of travel products such as hotels and villas, but does not control these Suppliers. The Services are subject to the Rules and Restrictions of the Suppliers offering the Services.
Art. 6. Photographs and illustrations
Orpheus Club Wellness PLC does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose. The photographs and illustrations are provided to the Website by the Service Suppliers.
Art. 7. Financial conditions and payment procedures
7.1. Local taxes and payments
Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in EUR, excluding local taxes imposed by the authorities in some countries.
The price of Services booked on the Website must be paid either to Orpheus Club Wellness PLC which will accept such payments on behalf of the Suppliers, and/or directly to the Suppliers. Payment may be charged by more than one party (as will be shown on the Customer's bank or credit card statement) however the total amount charged will not exceed the total price of the Services.
The Customer shall provide the details of his/her payment card and the Supplier or Orpheus Club Wellness PLC will often have to verify: the validity of the payment card, the availability of funds on the payment card (to be confirmed by the bank issuing the Customer's credit card).
The reservation of any pre-paid “pay online now” hotel bookings and Orpheus Club Wellness PLC, and its subsidiary Philipopolis Tour OOD, products for destinations within the European Union is covered by the regulations for travel agents and tour operators, as set down in Articles 306-310 of the EU Principal VAT Directive [2006/112/EC].
7.2 Tax recovery charge
Neither Orpheus Club Wellness PLC nor Сlubхchain.com collect taxes for remittance to applicable taxing authorities.
Art. 8 Cashback
We will pay an amount of cashback calculated as a percentage on any eligible bookings made through the Website (“Cashback”). Cashback will be paid to you on the following types of bookings.
- Standalone hotel bookings
- Cashback is available on travel which is booked for friends or family. For businesses, this means a member of staff with personal access to the Website could earn cashback for themselves by booking business travel for themselves and/or their colleagues. However, Clubхchain will not be responsible for resolving any disputes between businesses and their staff under such circumstances.
- Additional items you add to an existing booking will earn the same rate of cashback as the original booking (apart from standalone flights added to an existing standalone hotel booking, please see below)
8.1. ClubXchain cashback offer
- Your cashback will be paid no later than 10 working days after your trip ends.
- Details of the level of standard cashback and the offer terms for Clubхchain are available on the Website at сlubхchain.com/cashback.
- This offer cannot be used in conjunction with any other offer.
- We reserve the right to update and withdraw this offer at any time as the accumulated cashback points/amount will be available for 60 days.
8.2. Cashback will not be paid to you on
- Any fees incurred for cancellations or changes to bookings that you make
- Mandatory fees and taxes collected by the hotel at the time of your stay (e.g. resort fees, city tax)
- Any amount you pay for your booking using gift vouchers, gift cards or coupons codes
- Bookings made for commercial purposes (i.e. travel agents booking for their clients)
- Any extension to a hotel booking once you've checked in
You will not be able to claim cashback on additional items you purchase outside of your booking such as purchases from the hotel (e.g. room service), car hire, or a new plane ticket.
Please note that cashback will only be paid on hotel bookings made on the Website. Subject to the above, there are no restrictions on how often you book travel or how much cashback you can earn.
8.3. Amount of cashback
The cashback amount on eligible bookings is calculated as a percentage of the value of the amounts refunded by the supplier of Orpheus Club Wellness PLC – including taxes and fees (but excluding taxes and fees such as resort fees or city tax collected by the hotel at the time of your stay) – paid using a debit or credit card
- The cashback percentage is currently 3% on hotel bookings. Clubхchain reserves the right to vary this from time to time. You’ll be notified of any variation to this amount and variations will not apply to any bookings made prior to the change.
- You can pay for your booking with any debit or credit card or payment method shown on the Website.
- The percentage level of cashback you are eligible for at the time of booking will remain fixed, regardless of any changes you make to your booking.
- If you cancel your booking you will not receive any cashback.
- Cancellation fees are not eligible for cashback
- If you change your booking, your cashback amount will be adjusted pro rata in line with the new cost of the booking. Change fees are not eligible for cashback.
Art. 9. Orpheus Club Wellness PLC liability
The Customer accepts that where Сlubхchain.com acts as a marketplace between the Customer and the Suppliers, Orpheus Club Wellness PLC will under no circumstances be held liable with respect to Services the Customer has booked with one or more Suppliers. Orpheus Club Wellness PLC is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.
The information displayed on this Website has been provided by the respective Suppliers, and Orpheus Club Wellness PLC does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.
Customers should note that all hotels ratings shown are intended as guidance only and may not be an official rating or be in line with EU classification. Orpheus Club Wellness PLC does not accept any liability in relation to the ratings shown.
Art. 10. Disclaimer
Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that Orpheus Club Wellness PLC will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website. The exclusions and limitations contained in this Article apply only to the extent permitted by law.
Art. 11. Applicable law
These General Terms and Conditions are governed by the laws of the Republic of Bulgaria. The Customer agrees that the Bulgarian courts shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these terms.
Art. 12. Final Provisions
If Orpheus Club Wellness PLC and/or its subsidiary, Philipopolis Tour OOD, do not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions shall come into force on June 1st, 2019.