General terms and conditions
1.1 The lawful relationship between the client and the company HOLIDAYS AND MORE, is governed by the legal stipulations and the following General Terms of Travels. Upon the reservation of a travel, each client acknowledges these terms for himself and for the persons he has declared.
1.2 Contradictory to the holiday packages, the client travels alone and does not conclude a travelling Contract with HOLIDAYS AND MORE, but a mediation Contract for the leasing of a real estate in Greece (Brokerage Contract for a resort house). HOLIDAYS AND MORE is only the broker between the owner of the house (or his authorized party) as the lessor and the client as the lessee. It mediates for the individual services and it bills them separately on the client, as well as it liquidates separately the individual agents of the services.
1.3 If the rendering of services are billed separately, the price of the individual service will in each case be considered as the reference price against any possible claims.
2. Conclusion of travelling Contract
2.1 Upon his reservation (declaration of intention to travel), the client offers to HOLIDAYS AND MORE in a binding manner the conclusion of a Contract. The basis of this offer is the notification of the travel, which is based on the catalogue or on a presentation on the Internet, as well as the additional information by HOLIDAYS AND MORE, provided that they are at the disposal of the client.
2.2 The reservation can be performed orally, in writing, by fax or electronically (by e-mail, webpage). In the case of on-line reservations, HOLIDAYS AND MORE immediately confirms the receipt of the reservation electronically. This confirmation of receipt does not yet comprise a confirmation of approval of the order of reservation.
2.3 The client is responsible for all the contractual obligations of his fellow travellers, for whom he has made the reservation, as if they were his own, provided that he has undertaken this obligation by an explicit and specific declaration of his.
2.4 The Contract is concluded upon the receipt of the confirmation of approval by HOLIDAYS AND MORE. It does not require a particular form. During the conclusion or immediately after, HOLIDAYS AND MORE will send to the client an electronic confirmation of the travel. HOLIDAYS AND MORE is not under any obligation to do so if the reservation is performed by the client in a time period shorter than 7 working days from the onset of the travel.
2.5 If the context of the confirmation of approval by HOLIDAYS AND MORE is different from the context of the reservation, then it concerns a new offer by HOLIDAYS AND MORE, for which it is bound for a time period of 10 days. The Contract is concluded on the basis of this new offer, if the client within the binding deadline declares his approval to HOLIDAYS AND MORE by means of an explicit declaration, advance payment or full payment.
2.6 The correction of errors (e.g. typing errors or arithmetical errors in operations etc.) is retained. Specific wishes, conditional reservations and oral consequent agreements, are valid only if they are confirmed by HOLIDAYS AND MORE.
3. Contractual terms on the mediation for services by third parties
3.1 HOLIDAYS AND MORE mediates for as variety of services offered by third parties, that are characterized as such in the catalogue e.g. resort houses. reservations of flights, reservations of ferries, rented cars, transport by taxi etc. To this extent the General Terms of Transactions of each Service Supplier Agent are in effect. HOLIDAYS AND MORE acts on his behalf as a travel agency and is entitled to cash in.
3.2 Upon his reservation, the client makes a binding offer of the conclusion of a Contract to the acting Service Supplier Agent. The Contract is concluded by the approval of the Service Supplier Agent. The client receives a confirmation of the reservation, on which in addition to the full name of the declared person, the area and the date of commencing and end of the travel are also noted, as well as the description of the reserved service and it reports the afore mentioned travel price.
3.3 In case of a following cancellation of the relevant services, the duties of cancellation of each Service Supplier Agent, which are mentioned in his General Terms of Transactions, apply.
4.1. An advance payment of 30% of the total travel price is due to be paid upon the conclusion of the Contract. The remaining amount is due at least 30 days prior to the onset of the travel and it shall be paid in full with no further reminder. The payments are performed by means of remittance as well as in cash. The currency is Euro €. Credit cards are not supported due to technical reasons.
4.2 If the travel does not last more than 24 hours, does not include overnight stay and the price does not exceed of 75, 00 € per client, then the payment can also be performed on the spot.
4.3 If the client does not pay the advance payment and/ or the full payment in accordance with the agreed payment deadlines, HOLIDAYS AND MORE has the right to withdraw from the Contract of travel, following vexation in regard with the settlement of a payment deadline, and to charge withdrawal dues to the client according to paragraphs 7.2 – 7.7.
5.1 The contractual service of HOLIDAYS AND MORE comprises of the transfer of the reserved real estate in the condition and with the equipment that are described in the catalogue or on the webpage in accordance with all the indications and explanations appearing on it, or in accordance with the description of the real estate and any limiting or complementary indications or agreements in the copy of the Contract.
5.2 The obligation of Service Supply does not include all the conditions which are not in immediate relation to the real estate and the contractual services, and in particular the surrounding area of the real estate, the condition of the beach and of the vacation area, provided that there is no obligation to the provision of information, indication or care on behalf of HOLIDAYS AND MORE.
6. Modifications in the rendering of services and in the prices
6.1 Modifications of significant services of the travel in relation to the agreed context of the Contract of travel, that will become necessary following the conclusion of the Contract and were not induced in contradiction to bona fide by HOLIDAYS AND MORE, are allowed only, if the modifications are not important and they do not reduce the total form of the travel.
6.2 Any possible indemnification claims are not raised provided that the modified areas present defects.
6.3 HOLIDAYS AND MORE is under the obligation to inform the client on significant modifications of the services as soon as it is notified on the reason of the modification.
6.4 In case of an important modification of a certain significant service of the travel, the client has the right to withdraw charge free form the Contract, or to ask for his participation in an at least equivalent travel, provided that the contracting party is in the position to offer such a travel from his range, without any additional charge for the client. The client should claim his rights immediately following the declaration of HOLIDAYS AND MORE to him in relation to the modification of the travel service or the cancellation of the travel.
7. Withdrawal/ denouncement/ modification of reservation/ Substitute
7.1 The client may withdraw at whatsoever time from the onset of the travel. The withdrawal must be declared to HOLIDAYS AND MORE at the address below the text of the General Terms of Travel. If the reservation was made through a travel agency, the withdrawal may be declared there. It is recommended to the client that he declares the withdrawal in writing.
7.2 If the client withdraws from the Contract or if he does not present himself for the travel, HOLIDAYS AND MORE loses the claim to the price of the travel. Instead HOLIDAYS AND MORE is entitled to ask for a reasonable indemnification for the preparations of the travel, which have been performed up to the withdrawal, and for its expenses in dependence with the travel price in each case, provided that it is not liable for the withdrawal or is not a force majeure condition.
7.3 HOLIDAYS AND MORE has differentiated in time this claim of indemnification, that is taking into account the time proximity of the moment of withdrawal with the contractually agreed date of onset of the travel, it determined the lump sum amount at a percentage point relation with the price of the travel and it considered the estimation of the indemnification, the usual reduced expenses and the usually feasible other uses of the travel services. The indemnification is estimated as follows, in accordance with the time of receipt of the declaration of withdrawal by the client:
α) Up to the 61st day prior to the onset of the travel, 25% of the travel price.
β) From the 60th to the 35th day prior to the onset of the travel, 50% of the travel price.
γ) From the 34th to the 5th day prior to the onset of the travel, 80% of the travel price.
δ) In case of a later withdrawal or non-appearance for the travel, the 90% of the travel price.
7.4 The client has by all means the right to prove that HOLIDAYS AND MORE did not suffer any or a lot smaller damage than the lump sum amount it asks for.
7.5 For deviations from the afore mentioned lump sums, HOLIDAYS AND MORE reserves the right to ask for a higher particular indemnification. In this case, HOLIDAYS AND MORE is under the obligation to specify and prove the claimed indemnification, taking into account the reduced expenses and any other use of travel services.
7.6 HOLIDAYS AND MORE suggests to the client an insurance of expenses in case of withdrawal from the travel together with the reservation confirmation/ Invoice. If the client concludes an insurance of expenses in case of his withdrawal from the travel, he should send a copy to Holidays and more.
7.7 No indemnification claim exists for the client against any possible modifications on the date of the travel, the destination, the place of the onset of the travel or the accommodation (modification of reservation). However, if following the wish of the client, a modification of the reservation is performed, HOLIDAYS AND MORE may ask for modification charges of the amount of 30,00 €.
7.8 Any wishes of the client regarding modification of the reservation following the end of the deadline, can be performed, provided that they are feasible, only by means of a withdrawal from the Contract, according to the terms under paragraphs 7.2 to 7.5 and simultaneous new statement of reservation. This is not valid for minimum expense wishes.
Time of arrival after 14:00 and time of departure from 8:00 to 11:00.
7.9 HOLIDAYS AND MORE may withdraw from the Contract prior to the onset of the travel or to denounce the Contract after the onset of the travel in the following occasions:
α) not subjected to keep the denouncement deadline, in case the traveller significantly disturbs the conductance of the travel, although he was previously reprimanded or if he behaves in an unconventional manner to an extent that the immediate annulment of the Contract is justified.
β) not subjected to keep the denouncement deadline, if the conductance of the travel is obstructed, jeopardized or seriously hindered due to force majeure or a strike that was not predictable during the conclusion of the Contract.
If HOLIDAYS AND MORE denounces the Contract of travel in accordance to a), the price of the travel is forfeited. If HOLIDAYS AND MORE withdraws from the Contract of travel in accordance with b), all the paid amounts are immediately returned to the client and further claims are explicitly excluded. If HOLIDAYS AND MORE denounces the Contract in accordance with b) and following the onset of the travel, the part of the price of the travel that corresponds to the reduced expenses of HOLIDAYS AND MORE, is returned to the client.
7.10 Travelling with dogs and other pets.
The client may bring his dog, provided that Holidays and more explicitly allows so.
Each adult may bring one dog at the most. It is forbidden to bring the so-called dogfight animals or half-breeds of such a race.
In these the following races are included: Pittbull-Terrier, Stafford, Mastinos and others.
If the keeping of the dogs is performed under false or hidden data, Holidays and more may withdraw from the Contract as soon as it is notified, with immediate effect. In this case the client is under the obligation to leave the accommodation immediately and no right of claim exists against Holidays and more. If due to false or hidden by the client data in relevance with the dog he brought with him, claims are raised against Holidays and more by third parties, in any case the owner of the dog is liable.
Damages induced by the dog or the dogs must be fully restored by the client. The client is allowed to bring other animals only following a written approval of Holidays and more, stating the exact size, the race and their weight.
8. Guarantee/ Liability
8.1 HOLIDAYS AND MORE mediates for the reservation of the client to the lessor of the resort house or apartment. The description of the resort house in the catalogue and the prospective oral advice by Holidays and more to the client, by phone, in reference to the house, describes the resort accommodation in the condition, in which it was found by Holidays and more during its last visit. Holidays and more takes full responsibility under the good tradesman rigor for the
a) rigorous preparation of the travel,
b) rigorous supervision of the service supply agents in the area,
c) the rightness of the description of all the travel services in the catalogue, provided that no modifications of the catalogue data were declared,
d) the right provision of the contractually agreed travel services.
8.2 HOLIDAYS AND MORE is not liable:
α) in cases of force majeure such as war, civil war, fire, flood, epidemic, strike, incursion of harmful animals, governmental state, oil spill, nuclear energy, pollution of the beach and litter with seaweed etc.
β) for disorders in the supply of power,
γ) for local conditions that do not concern the resort residence itself or the apartment, or disturbances by the environment that are not predictable by Holidays and more, e.g. noise caused by neighbours, construction works that were performed in retrospect and were not known by Holidays and more, for a retrospect swimming ban by the Authorities.
8.3 If beyond any expectation the client has a reason to complain, or if the contractual supply is not conducted in accordance with the Contract, the client must declare complaints and non-contractual conducted services immediately to Holidays and more ltd, Psakoudia, Tel. +30 2371051102, Fax: +30 2371051104, by telegram, fax or telephone, so that the appropriate measures are taken to control the complaints and possibly extinct the disturbance in the supply of service or to be replaced. If no one answers the phone, the client must leave a message in the answering machine.
8.4 If the client culpably does not fulfil this obligation, he is not entitled to the relevant claims. If the client culpably does not express his complaints on the spot, a reduction in the price or in the contractual indemnification on this reason, is excluded. Owners of houses, possessors of keys, agencies etc., have neither the duty to direct the travel nor the representation of HOLIDAYS AND MORE, nor do they have the authorization to acknowledge claims or supply/approval of statements that are legally binding.
8.5 If as a consequence of a dully expressed complaint the travel is considerably reduced and HOLIDAYS AND MORE does not provide a solution within a reasonable deadline, or if the determination of a deadline is not required as a solution does not exist or if the solution is rejected or in case of the denouncement of the Contract is justified by a specific interest of the client, the client may denounce, preferably in writing, the Contract of travel on his own best interest and in the context of the legal stipulations.
9. Liability/ Lapse of Claims
9.1 The client should raise claims in writing due to non contractual supply of services within one month following the provided date of ending of the travel against HOLIDAYS AND MORE LTD, Psakoudia 22, GR-63071 Psakoudia. After this deadline, the client may raise claims only in case without whatsoever liability of his the keeping of the deadline was hindered. The deadline of exclusion is not valid for claims due to illegal actions.
9.2 Claims of the client according to articles §§ 651 c – 651 f of the German Civil Code, are prescribed after one year. The prescription deadline commences on the date on which the travel was scheduled to end according to the Contract. If between the client and HOLIDAYS AND MORE negotiations are pending, related to the claim or the conditions under which the claim was founded, the prescription is suspended until the client or the travel agency denies the continuance of the negotiations. The prescription comes about at least 3 months following the end of the suspension. Claims due to illegal actions are prescribed after 3 years.
9.3 The contractual liability of HOLIDAYS AND MORE for damages that are not physical, is restricted to he 3-fold of the price of the travel,
a) provided that the damage of the client was not induced due to malice or severe negligence, or
b) provided that HOLIDAYS AND MORE is liable for the damage of the client only due to the liability of the Services Supply Agent.
9.4 For all the claims of indemnification against HOLIDAYS AND MORE due to illegal actions that are not based on malice or severe negligence, HOLIDAYS AND MORE is liable for physical damages up to the amount of 30.000 €, for material damages up to 4.100,00 €. If the 3-fold of the travel price exceeds this amount, the liability for material damages is restricted to the 3-fold of the travel price. The higher rates of liability are valid per customer and per travel. In relation to this issue, HOLIDAYS AND MORE recommends the conclusion of a full insurance coverage.
9.5 The on whatsoever reason assignment of the rights in relation to the Contract of the client as well as of the travellers to third parties, even to the spouse, is excluded as is their judicial claim on the same name.
9.6 The liability of HOLIDAYS AND MORE is excluded or is restricted at the extent that results from international agreements or legal stipulations on epidemics that are applied to the services provided by the in service supplies agent, as well as the liability is excluded or restricted to.
10. Stipulations regarding the passports, visas and health provisions.
10.1 HOLIDAYS AND MORE will inform the citizens of a member state of the European Community, where the travel is offered, regarding the provisions in relation with passports, visas and health provisions prior to the conclusion of the Contract, and it will inform them on any prospective modifications prior to the onset of the travel. Citizens of other countries will be briefed by the competent consulate. It is a prerequisite that no particularities exist in the face of the client and prospective co-travellers (e.g. dual citizenship, statelessness). 10.2 The client is liable for the provision and possession of the necessary travelling documents, prospective necessary inoculations as well as on the abiding by the customs and exchange regulations. Any defects that result from the non- binding to these regulations, e.g. the payment of withdrawal expenses, burden him, the same. This is not valid if HOLIDAYS AND MORE informed the client inadequately or falsely.
11. Final Stipulations
11.1 All the data in the catalogues of HOLIDAYS AND MORE are published with the reservation of legal or departmental approvals. The details of these catalogues respond to the update level upon printing. No liability is undertaken for whatsoever typing, imaging and calculating errors. The older catalogues of HOLIDAYS AND MORE regarding the same destinations and dates lose their validity upon the publishing of the new catalogues.
11.2 The invalidity of the separate terms of the Contract does not entail the invalidity of the Contract as a whole.
11.3 In the contractual relation between the client and HOLIDAYS AND MORE the Greek Law is exclusively and solely applicable. This is valid for the legal relation as a whole. Provided that in clients lawsuits against HOLIDAYS AND MORE abroad the Greek law is not in essence applied regarding the liability of the travel agency, the Greek Law is exclusively and solely applied regarding the legal consequences and in particular in relation to the type, range and height of the claims of the clients.
11.4 The client may denounce HOLIDAYS AND MORE only in its registered office. For lawsuits against clients or counter – contracting parties who are tradesmen, legal entities of the public or the private sector or persons with a permanent residence or usual residence abroad, or persons whose permanent residence or usual residence is unknown at the moment of the raising of the claim, as the jurisdiction is agreed the registered office of HOLIDAYS AND MORE.
HOLIDAYS AND MORE, Psakoudia 22, 63071 Psakoudia
Telephone: +30 23710 51102, Fax: +30 23710 51104
E-Mail: email@example.com, Internet: www.holidays-and-more.de
Court of jurisdiction:
Poligiros / Halkidiki / Greece
Legal represantation by:
Law firm Jouvanoudas Barsamis T.K. 63 100
Poligiros / Halkidiki / Greece