INTERNAL RULES OF THE
COMMERCIAL CENTRE “PARADISE CENTERE”
1.1. The Commercial Centre shall be open to the public on all days during the entire year without interruption, from 10.00 - 22.00 (the “Opening Hours”), unless the Commercial Centre must be mandatory closed on certain days in the year under the applicable law. The Opening Hours of the cinema and bowling operator, the restaurants and other specific tenants may differentiate from the above general Opening Hours of the Commercial Centre and will be agreed between the Lessor and the respective Lessee in the Lease Agreement. Any Commercial Facility operating outside of the Opening Hours of the Commercial Centre shall bear exclusively all the expenses resulting from this. The allocation of all related expenses as well as the conditions of operation, security and insurance of the Commercial Centre during the special utilization time shall be determined by the Administrator following an agreement in writing between the latter and the Commercial Facility.
1.2. Partial closures (e.g. for lunch breaks, closed days, shop holidays, stock taking) shall not be permitted unless authorised by the Administrator, whose authorisation shall not be unreasonably withheld.
1.3. Vehicle parking may open up to three hours before the beginning of the operation of the Commercial Centre and terminate their operation up to three hours after the termination of the operation of the Commercial Centre and in any event at least thirty minutes after the termination of the last evening cinema show.
1.4. The presence of any person within the Commercial Centre beyond its full closing time is expressly forbidden, unless authorised by the Administrator and strictly under the terms of such authorisation.
ARRIVAL TIME OF EMPLOYEES
2.1. The employees working in the Commercial Facilities operating in the Commercial Centre may arrive at any time up to three hours before the commencement of its operation and must leave within two hours after the termination of its operation. Any deviation from the present Rules shall be approved in advance by the Administrator in order to inform the security guards of the Commercial Centre.
2.2. For security purposes and controlling of the access of people to the Commercial Centre before the commencement of its operation and after the termination thereof, the Administrator may issue entrance cards for all the employees of the Commercial Facilities operating in the Commercial Centre, the expense of which shall be charged to each business according to the number of cards issued.
2.3. The employees of the Commercial Facilities operating in the Commercial Centre must be dressed in compliance with the corporate policy of the respective lessees but in any case their clothing should not be deviating from the usually accepted for similar Commercial Facilities Commercial Centres. The Administrator and following his instructions the security guards may not allow the entrance at any member of the personnel, whose clothing may be considered inappropriate and/or not complying with the provisions of the present Rules.
APPEARANCE OF THE PREMISES AND THE COMMERCIAL CENTRE
3.1. The Shop windows of the Leased Premises should be appropriately lit during the Opening Hours of the Commercial Centre or during its opening hours outside of the Opening Hours of the Commercial Centre if a shop operates pursuant to these rules outside of the Opening Hours and in case of other occasions (Inauguration of the Commercial Centre, advertising and marketing events, etc) for which the lessees shall be informed in due course.
3.2. The Commercial Centre shall be appropriately illuminated during the Opening Hours. When the Commercial Centre is closed a minimum level of lighting shall be maintained. The intensity of the lighting shall be in compliance with the regulations for energy effectiveness.
3.3. The lessees are not permitted to use winking signs, irrespective of their placement (on the Premises’ façade or inside the Premises).
3.4. The installation of advertising signs, logos and billboards on the façade of the Commercial Centre or on its roof may be performed by the lessee only upon advance coordination, permission and approval by the Lessor of the dimensions of the sign, the materials to be used in its manufacturing and its exact location. The Lessor is entitled to allow the placement of signage at its sole discretion, whereby the payment of additional rent by the lessee for the placement of the signs shall be subject to an explicit stipulation between the respective lessee and the Lessor in the Lease Agreement. Any costs related to the installation, maintenance and dismantling of the respective signs shall be borne by the lessees.
3.5. The signboards or any other advertising materials erected on the interior of the Commercial Centre shall be fitted on the display windows of the Commercial Facilities or on the interior thereof. The signboard and other advertising materials and their design shall be approved by the Administrator, in order to preserve the architectural uniformity of the building.
3.6. Signboards bearing the trade names, trade marks or distinctive titles of all lessees, operating in the Commercial Centre, may be fitted on a prominent place on the Commercial Centre’s floors. The costs for the installation and actualisation of these signboards will be borne by the lessees and will be paid by the latter through the Service fee (as defined in the Lease Agreement).
3.7. The window displays shall be furnished in such a fashion, so as to give the Commercial Facilities an attractive appearance. Irrespective of the type of furnishing, the window displays must allow the free visibility to the interior of the stores for the public. Special information (of a non advertising nature) concerning each Commercial Facility, its name, nature of the store, trade register, VAT, telephone, opening hours etc may be attached to the window display, following previous approval of the Administrator.
3.8. For the avoidance of doubt, arrangements for the installation in the Common Areas of the Commercial Centre (i.e., outside the borders of the respective Leased Premises) by any lessee of all types of advertising equipment, including luminous lettering, light boxes, directories, signage, electric signs, corporate logos, displays, poster pillars, pictures, flagpoles, antennas, signboards, showcases, promotional and publicity banners and other advertising installations other than as provided for in these Rules shall be allowed at the sole discretion of the Lessor against payment of additional rent.
3.9. There are forbidden putting/installation of vending machines in the Leased premises – machines for coffee and hot drinks, packed foods and breakfasts, soft drinks.
CLEANING AND MAINTENANCE
4.1. The lessees must maintain the installations of their respective Commercial Facilities in a perfect state of operation and, with regard to the cleaning, sanitation and maintenance of the installations, infrastructure and equipment thereof. The Lessees must maintain, supervise, repair (and take care of the coverage of the relevant expenses by the insurance of its civil liability) all the relevant equipment, infrastructure, pipes, wiring, installations (including the installations and pipes used for air ventilation, water, electricity, sewage, drainage, heating, air conditioning etc.), which serve exclusively their Commercial Facilities. With regard to their maintenance obligations the lessees should fully comply with the provisions and the rules of the legislation in force, including those relating to the checking of the fire prevention installations.
4.2. Regular cleaning work carried out by the Administrator and the lessees shall take place outside the Opening Hours of the Commercial Centre, so that the flow of customers thereto is not impeded. Such cleaning works shall end at least thirty (30) minutes before the opening of the Commercial Centre, or start their cleaning at the closing of the Commercial Centre.
4.3. When undertaking cleaning work the Administrator and the lessees or their contractors shall not use materials that have unpleasant smells or that are inflammable or may provoke the obstruction of pipings. In the event that the conditions referred to in articles 4.2 and 4.3 are not met, the Administrator shall be entitled to interrupt the cleaning works.
4.4. In the event that the lessees do not comply with any of the obligations contained in this article 4, the Administrator is entitled to carry out the relevant works using a contractor of its own choice at the expense and risk of the relevant lessee.
4.5. Any lessee who wishes to undertake maintenance or redecoration works in its respective Commercial Facilities (as the case may be) should also notify the Administrator of the intended works, their duration and method of implementation and agree with the Administrator the best possible method and timing of such works so that the disturbance to the operation of the Commercial Centre is minimised in all aspects. Such works will not be implemented without the Administrator giving his consent on such method and timing. The need to obtain such consent shall not exempt the relevant lessees from their obligations otherwise deriving from these Rules or their lease agreement.
4.6. The lessee is obliged to maintain through functioning air-conditioning equipment in leased premises in the summer a constant temperature of 25 degrees and in winter at least 24 degrees.
REPAIRS AND RENOVATIONS
5.1. The lessees shall not execute in their respective Commercial Facilities works which may influence either the cold shell of the building, (as for example opening of main walls, floors or separating walls between two adjoining areas), or the heating and cooling systems and installations, or the common supply networks, or the window displays, the windows, the signs and the internal lay-outs which are visible from the external area of the Commercial Facilities, or which affect the safety of the public, without the previous express and written consent of the Administrator. With a view to obtaining such consent the lessee should provide the Administrator with (a) an adequate insurance covering all liabilities for risks arising from the works intended to be carried out; (b) all necessary permits to carry out the works, c) the necessary designs and d) time schedule for performance of the works, in which the Opening Hours of the Commercial Centre has been taken into account (i.e., the works should, save for extraordinary occasions, be executed outside the Opening Hours and in a manner so as to cause minimum disturbance to the operation of the Centre). The Administrator shall notify the lessee for its position within a reasonable term, not later than 21 business days, being entitled to withhold its consent if the contemplated works will cause risks for the stability or the safety of the building or are incompatible with the concept or the image of the Commercial Centre. If the Administrator does not announce its position in the abovementioned term, this will be considered a tacit refusal.
5.2. The works must under no circumstances cause any hindrance in the corridors which must remain completely clean.
5.3. If the Administrator grants its consent for performance of the works, it shall decide the working hours for these works and the measures that should be undertaken during their performance with respect to avoidance of disturbance in the normal operation of the Commercial Centre. Extra costs (cleaning, security, electricity, water etc) arising due to such works taking place outside the Opening Hours shall be borne by the lessees undertaking such works, as applicable.
5.4. The lessees shall take all necessary measures, or shall ensure that they are taken, at their own cost and responsibility, for the facilitation of the any repair, maintenance, renovation or upgrading works undertaken by the Administrator or the Lessor; they shall in particular evacuate their respective Commercial Facilities or provide enough free space so that the execution of the works may be carried out.
LOADING AND UNLOADING OF GOODS
6.1. The supply of the Commercial Facilities shall take place on the days the Commercial Centre is open and along routes assigned by the Administrator and exclusively in the loading and unloading yards provided for this purpose. These loading and unloading yards operate 7 days a week and 24 hours per day.
6.2. The loading and unloading of goods may be carried out during the three hours before the commencement of operation of the Commercial Centre and during the three hours after the termination of its operation, unless the Administrator has explicitly allowed certain lessees to perform loading or unloading activities in other time periods.
6.3. The delivery, loading or unloading of goods outside the designated loading and unloading zones is forbidden and since parking lots, elevators, escalators, entrance ramps are exclusively intended for customers, only goods elevators may be used for supplying of the Commercial Facilities. It is strictly forbidden to carry goods and heavy or cumbersome objects by escalators or travelators.
6.4. All goods, empty trolleys, containers etc received by or belonging to lessees must immediately be stored in the Commercial Facilities to which they relate and not to be left in the Common Areas. All devices and equipment used in the Common Utility Areas of the Commercial Centre for the transport of goods should be kept always in a good condition in order not to harm the floor tiles/coating or the elevators.
6.5. The parking of supply vehicles shall be regulated by the Administrator according to the needs of the stores and the common interest of the good operation of the Commercial Centre. Vehicles of secure money transfer shall only be allowed at specific hours to be determined by the Administrator.
6.6. Activities connected with the transportation of goods of moving in and moving out must not obstruct the entry to the Common Utility Areas of the Commercial Centre or block corridors, emergency exits and security corridors. If goods, vehicles, devices and equipment impede in any way whatsoever any passage in the Commercial Centre, the Administrator has the right to remove them/it at the expense and risk of the respective lessee. The Administrator and/or the security personnel are entitled to ask for the assistance of the police in order to remove any parked vehicles from the security exits, the security corridors and the ascension and regression ramps.
6.7. The lessees should keep the delivery yards and supply corridors clean when using them. In the event that the above areas require cleaning and the identity of the persons who caused the problem cannot be ascertained, this task shall be undertaken by the cleaning services of the Commercial Centre and the Administrator shall include the relevant expenses in the Commercial Centre’s Service fee.
USE OF TROLLEYS
7.1. The trolleys of the Shops may be freely used by customers and visitors of the Shops. The trolleys may be freely used at any part of the Commercial Centre. The Lessor may agree with certain lessees (operators of super and hypermarkets, bio food markets, etc.) the provision of certain designated areas in the Common Areas, allocated for the storage of the trolleys for their stores.
7.2. The trolleys shall be used exclusively for the carriage of purchased goods. Any other use thereof is strictly forbidden.
8.1.1. Loudspeakers, musical equipment, megaphones, radio sets, TV sets or other sound carrying instruments may only be used within the Commercial Facilities provided that the sound is not excessive and is not audible from the exterior of such Commercial Facilities. Music could be played in the Commercial Facilities in strict compliance with the provisions of the Bulgarian Copyright and Neighboring Rights legislation.
8.1.2. The Administrator may at his absolute discretion play background music in the Common Areas of the Commercial Centre during the hours which shall be determined by him.
8.1.3. Electrical equipment in the Leased Premises shall be supplied with static-free systems and shall not cause interference with any other electrical apparatus within the Commercial Centre.
8.2. Strong and/or unpleasant odours
The lessees shall ensure all necessary action is taken, including by providing adequate ventilation, in order to prevent all strong and/or unpleasant odours arising in connection with their operation of their respective Commercial Facilities from pervading in the Common Areas or the premises of other lessees. In case of violation of this provision the Administrator is entitled to give mandatory instructions to the lessee in default to undertake specific measures for curing the consequences of such breach.
8.3. Waste and Litter
8.3.1. Waste and litter shall be carried and placed to the areas especially designed for this use in appropriate receptacles, on a daily basis before the commencement of operation of the Commercial Centre and one hour after its termination. Litter shall be carried only in special closed waste containers which prevent the accumulated water from dropping on the floor via the common corridors of the Commercial Centre.
8.3.2. It is prohibited to store litter within Commercial Facilities, or Common Utility Areas or to burn litter and use trolleys for the carrying of litter.
8.3.3. The lessees shall not undertake or permit any act or omission whereby the sewers and sanitary drainage pipes of the Commercial Centre are blocked or damaged by the pouring of products or objects that may prevent the free flow of drainage.
8.3.4. The lessees are forbidden to release into the drainage network solid waste and toxic effluents, (such as acids, solvents, paints or film, developing liquids) produced or used in the carrying out of their activity. Wet refuse from restaurants or other Commercial Facilities must be packed in a watertight manner.
8.3.5. Waste and litter must be disposed separately as follows: bio-waste and litter are disposed of only in refrigerators and industrial waste and litter (metal and plastic) only in containers (i.e. "Beaver").
8.4. Inflammable and dangerous substances
8.4.1. It is forbidden to store explosive, dangerous or unhealthy products and/or materials in the Commercial Facilities.
8.4.2. If the storage of nominally inflammable goods is necessary for the agreed function of a specific Commercial Facility, the prior written consent of the Administrator or of its insurers as well as that of any competent governmental or regulatory authority must be first applied for and obtained and produced to the Administrator. The interested lessee shall be liable to indemnify the Administrator and/or the persons responsible for payment of the relevant insurance of the Commercial Centre for any additional insurance costs incurred in connection with the above.
8.5.1. The Administrator reserves the right to conclude contracts with specialised firm/firms for the purpose of disinfecting and (where appropriate) exterminate insects and/or rodents as well as any other contracts necessary for ensuring the hygiene of the Common Areas of the Commercial Centre, where the costs for these activities shall be borne by all lessees through the Service fee.
8.5.2. Domestic pets (excluding special needs pets such as guide dogs) are in principle prohibited in Common Utility Areas, unless they are carried or kept tied. Small pets may enter the areas of the Commercial Centre which are not destined for the sale of food. The pet owner shall be liable for any accident or damage provoked by it.
8.5.3. In general, in the common areas, it is forbidden to allow persons with bicycles, whether they are on the move and / or pushed by the owner / user of the bicycle. In case of violation of this prohibition of non-entry by bicycle at the Merchant Center the owner / user is responsible for any incident or damage that may be caused.
RADIO TV ANTENNAS AND CABLES
9.1. It is prohibited to the lessees to install cable, radio or TV antennas without the prior approval of the Lessor or the Administrator, which may not be unreasonably withheld.
9.2. The Administrator is entitled to install a central antenna. In such a case, he will have connections installed leading to the different Commercial Facilities at the expense of the lessees. If the lessees wish to use the central antenna, they shall pay a monthly fee to the Administrator corresponding to depreciation costs, maintenance costs and all other related costs. The above fee shall be calculated by the Administrator.
9.3. In addition, the Administrator may at his discretion secure a cable TV connection, on condition that the services of such an organization are equal to the services of a central antenna.
9.4. The connection costs shall be divided amongst the lessees who are entitled to use the Cable TV system.
10.1. Every area of the Commercial Centre shall be equipped with air-conditioning. The thermostats installed in every store or area shall be adjusted according to the instructions of the Administrator and the relevant provisions of the law (if any) regarding public spaces. The air-conditioning units of each Commercial Facility shall operate during its opening hours.
10.2. The lessees shall grant access to the personnel authorised by the Administrator with regard to the inspection of the operation of the air-conditioning installations.
11.1. In case of an accident involving persons or property the lessees in the immediate vicinity and their employees must immediately notify the Administrator and, if appropriate, call for an ambulance.
11.2. The lessees shall notify the Administrator of any case of theft or other criminal activity within their Commercial Facilities.
11.3. The lessees shall apply the provisions of legislation in force in regard with the fire safety and fire protection. The fire protection equipment used by each Commercial Facility must be preserved in a good condition by the carrying out of the relevant maintenance and service at the expense of the respective lessees. The lessees shall grant access to the Administrator and/or personnel authorised by him to their respective Commercial Facilities for the inspection of the fire-extinguishing equipment (sprinklers) and smoke detectors. The escape routes and emergency exits must always remain free and clear of impeding objects and be kept fully clean. In case of a fire, the lessees affected or in the vicinity must immediately call the fire brigade and then the Administrator.
11.4. If lessees wish to disengage the automatic extinguishing system they must previously notify the Administrator and obtain his written permission. If, as a result of this disengagement, additional insurance premiums have to be paid, these shall be borne by the lessees requesting the disengagement. The disengagement shall only be for a limited period, which shall be approved in advance by the Administrator. If an extension of such period is requested, a new approval of the Administrator shall be needed.
11.5. If a sprinkler-spray head is activated by accident, the affected lessee must notify the Administrator. The above provisions do not exempt the lessees from adopting all other reasonable security measures as required by these Rules and by the terms of any related insurance contracts. Any losses caused in the affected Commercial Facility or in other Commercial Facilities or in the Common Areas of the Commercial Centre due to this happening shall be borne by the lessee in whose area the incident occurred.
11.6. Security exits and evacuation corridors must always remain free and clear of impeding objects. Security exits must always remain unlocked whenever there are customers, visitors or employees or contractors within the Commercial Centre. Security exit signs must be clearly visible from all Commercial Facilities according to the legislation in force. In addition, special signs with instructions in case of fire must be placed in prominent points of the Commercial Centre, according to the legislation in force. Similarly, the gates and the security exit corridors of the Commercial Facilities, the Common Areas of the Commercial Centre must be always open and accessible during the Opening Hours.
11.7. The Administrator and, following his instructions, the security guards, may at their discretion forbid the entrance to persons the presence of whom may prejudice the security, smooth operation, reputation and business interests of the Commercial Facilities operating in the Commercial Centre.
11.8. The lessees shall grant access to the Administrator and his employees and contractors to their respective Commercial Facilities for the purposes of inspection, repair or maintenance of electrical installations passing therefrom. In case of emergency or force majeure the Administrator or the security guards of the Commercial Centre may enter individual Commercial Facilities at any time and in any manner whatsoever. For this purpose the lessees shall leave a spare set of keys in the Administrator’s office. Otherwise, and if this is necessary, the Administrator may enter such Commercial Facilities with the assistance of a locksmith, without further formalities other than the notification of the lessees as soon as possible.
INSTRUCTIONS AND PROHIBIT WHEN USING ESCALLATORS AND TRAVELATORS (MOVING WALKWAYS)
12.1. Uploading on escalators аnd travellators is always facing the direction of travel.
12.2. Adherence with hand use only handle / moving belt /. It is forbidden leans with whole body on the handles of the facilities.
12.3. It is forbidden for visitors to the Commercial center to go beyond the limit line of the feet. It is forbidden running on the facilities.
12.4. It is forbidden to a traveling passenger to rest in fixed parts of the facility.
12.5. Children must be kept on hand or hands in moving in equipment. It is forbidden the use of the escalator/ travellator of unaccompanied children. The use of prams with escalator/ travellator.
12.6. It is forbidden to use the escalator/ travellators when not in motion.
12.7. It is forbidden the movement through the escalator/ travellator set against its direction of movement, as well as movement and jumping on the railing.
APPOINTMENT OF SECURITY SERVICE
13.1. For purposes related to the security of the Common Areas including the parking spaces, the Administrator is entitled, within the limits of the budget for the Service fee, to engage security guards, the number of which may be reduced or increased depending on the needs of the Commercial Centre.
13.2. It shall be the security guards’ responsibility:
a) To guard and supervise the Commercial Centre and to report to the Administrator any facts or events that may disturb the Commercial Centre’s normal course of business or cause damage to the premises or jeopardize the security of the persons within the Commercial Centre and inform the lessees of the same where they affect or relate to the respective units.
b) To open and close the Commercial Centre in compliance with the Opening Hours.
c) To intervene or ask for the intervention of the authorities whenever required or appropriate in order to deal with any situation.
13.3. In the performance of their duties, security guards shall:
a) Use impeccable manners towards the lessees and their employees and the customers.
b) Comply fully with their obligations and observe and comply with all legal rules and regulations.
c) Strictly perform the tasks and duties assigned to them by the Administrator.
13.4. The lessees are entitled to engage their own safety guards for their premises, since the security guards of the Commercial Centre do not bear responsibility for prevention of thefts and other violations against the goods and equipment of the lessees within the Commercial Facilities, but only for provision of security to the public in the Common Areas. The safety guards of the lessees should collaborate closely with the safety guards of the Commercial Centre who are engaged by the Administrator.
14.1. In case of emergency (fights, riots, civil commotions, severe technical disturbances beyond the control of the Administrator), the Administrator may decide to temporarily close the Commercial Centre, in which case he must notify the lessees in order to enable them to take all appropriate measures for the protection of their properties.
14.2. In addition, the Administrator may decide to temporarily close the Commercial Centre or part of it when there is a need for repair and maintenance works, in case such works are significant and cannot objectively be implemented safely without interrupting the operation of the Commercial Centre. In such a case, all lessees shall be duly notified at least 8 days before the commencement of the works, unless when it is absolutely necessary to conduct immediate maintenance works.
14.3. If the threat of a bomb attack comes to the knowledge of any person, such person must immediately notify the Administrator and/or the nearest security guard and avoid any unilateral action. The Administrator shall inform immediately the competent authorities.
14.4. In the event of a Force Majeure Event, the Administrator shall be responsible for the coordination of the necessary immediate actions. The security personnel shall be properly trained for such force majeure incidents and shall always have an evacuation plan.
15.1. The Administrator is entitled to give mandatory instructions regarding the access roads to the parking areas and the internal order for usage of the underground and the open-air parking of the Commercial Centre, as well as to determine the opening hours of the parking.
15.2. The visitors of the Commercial Centre will be allowed to sue the parking for two hours free of charge. The period of free usage may be prolonged with respect to the customers of specific Commercial Facilities (such as the cinema) on the grounds of a written agreement between the Lessor and the respective lessees. Upon expiry of the period of free usage the visitors of the Commercial Centre shall pay parking fee, determined by the Administrator.
15.3. The Lessees and their employees may use the parking spaces at the same conditions they are used by the visitors of the Commercial Centre (i.e., against payment of fee for the use of the parking). Any stipulations in the lease agreements for extension of the period of free use of the parking by the customers of certain lessees shall not be considered applicable to the employees of these lessees, unless explicitly provided for in the respective lease agreement. The Lessor retains the right to stipulate with certain lessees in their lease agreements the usage of certain designated parking places by their employees exclusively or under preferential conditions.
15.4. The parking shall be kept clean, lighted and secured during its operational hours. The costs for maintenance of the parking shall be allocated to the lessees through the Service fee.
16.1. All correspondence of Commercial Facilities operating within the Commercial Centre shall bear the name, the logo and the address of the Commercial Centre. In addition any publicity related to the activities of the above Commercial Facilities shall bear the trade name and logo of the Commercial Centre.
16.2. The distribution of brochures, leaflets or other publicity material and the deposition of such items on vehicles parked in the parking area of the Commercial Centre are subject to the approval of the Administrator.
16.3. It is prohibited to place posters on the window displays of the Commercial Facilities without the explicit consent of the Administrator. In the event of violation of the above provision, the Administrator is entitled to remove the relevant posters.
16.4. The prohibition of the previous paragraph does not apply to the cinema operator.