TERMS OF PARTICIPATION IN AN ORGANISED EXCURSION
According to Presidential Decree 339/1996, and pursuant to Directive 90/314/EEC
Please read the following General Terms and Conditions, which are an integral part of the package tour/excursion contract, and the information before participating in any of our package tours/excursions. The participation in any organised trip/excursion of our travel agency presupposes the careful study of the programme of the specific trip/excursion and means the unconditional acceptance by the participant of the General Terms of Participation.
ORGANISER (TRAVEL AGENCY)
We are a General Tourism Agency with the name “Pravlis Travel”, based in Myrina, Lemnos, 3 Artemidos Street, with registration number EOT 0364E0000054201. We have a license to organise excursions and we also organise and have travel programmes – air, ferry, road or a combination of them – for Greece and abroad.
You are the traveller who participates in one of our travel programmes either with an organised trip or alone or as a member or with your friendly group, club, company, etc. Your participation in our travel programme implies the unconditional acceptance of these terms of participation.
1. ACCEPTANCE OF TERMS: The PARTICIPANT has been informed and accepts the programme of the excursion, as described in the form of the ORGANISER, which he received. The signatory participant assumes full responsibility towards the ORGANISER for the persons for whom he represents, if they do not properly fulfill their obligations from this contract.
2. CLAIMS OF THE PARTICIPANT: In case of non-performance of this contract or incorrect execution of it, the PARTICIPANT must inform in writing, within 7 days of his return, the ORGANISER or the local representative of the ORGANISER. The PARTICIPANT’s claims for any restoration of the moral damage due to the fault of the ORGANISER or third party providers for which he is responsible may in no case exceed 15% of the individual base price of the trip before taxes. This restriction is explicitly agreed by the parties within the framework of article 5 par. 2d p.d. 339/1996.
3. SPECIAL REQUIREMENTS: If the PARTICIPANT for any reason requests any change in the programme or has a particular wish, this must be notified in writing to the ORGANISER, who has no responsibility or obligation to accept the request. Change of programme or special request of the PARTICIPANT binds the ORGANISER only if it has been accepted in writing by him. Commitments and promises of the SELLER that may be inserted do not imply a commitment of the ORGANISER and do not give rise to a claim of the PARTICIPANT against him.
4. RESPONSIBILITIES OF THE ORGANISER: The ORGANISER acts as a mediator between the PARTICIPANT and the various bodies he uses to organise the excursions (airlines, ferry companies, hotels, local travel agencies, etc.) services for the smooth execution of any travel programme, i.e. bodies in which the ORGANISER does not exercise direct control, therefore is not responsible in cases of omissions, mistakes and organisational weaknesses arising from them. The statutory liability of the ORGANISER for acts and omissions of the above third party providers is subject to the limitation of Article 2.
5. AIR TRANSPORTATION: Airlines always reserve the right to modify the routes and types of aircraft without any notice. The ORGANISER is not responsible for any delay, change of flight schedule, change of aircraft type or cancellation of the flight due to force majeure (indicatively bad weather conditions, aircraft damage, etc.). The terms on the back of the airline ticket are commitments made directly between the airline and the PARTICIPANT. The terms and conditions of air travel, which govern the responsibilities and obligations of airlines (whether operating regular services or charter flights) are set out in the provisions of the applicable international conventions. The ORGANISER, in the context of his interest in observing the programme of the excursion, may provide to the PARTICIPANT transfer with an airline other than the one originally stated in the programme, if there is this possibility, if there is inability of the initially selected company to perform properly and with delay of more than 8 hours the transportation. From this change the PARTICIPANT has no claim, provided that the finally selected airline will meet the international rules of safe air transport. One piece of luggage, up to twenty kilograms, is allowed for each participant, as usually requested by airlines. In addition to this, each PARTICIPANT can hold a hand luggage weighing 5 to 10 kg (depending on the airline) in his travels, and dimensions as defined in the special conditions of each airline. The ORGANISER does not participate or can influence or interfere in the process of loading and handling of luggage by airlines and handling services of various airports. Therefore it does not bear any responsibility towards the PARTICIPANT for damage, loss or delay of baggage delivery. In such cases the PARTICIPANT’s claims are directed directly against the airline, in accordance with the applicable provisions of international law.
6. SHIPPING TRANSPORTATION: The shipping company with which the ORGANISER cooperates is not responsible for any delay, deviation and non-observance of normal course due to adverse weather conditions or orders of the Ministry and the Port Authorities or in cases of force majeure, aiming exclusively at the safety of the passenger. In cases where the planned itinerary is not carried out through the fault of the Company or for reasons of force majeure (e.g. curfew due to weather conditions), the entire value of the ticket is refunded to the passenger. The ORGANISER is not responsible for any delay, change of departure time of the ship, change of ship or cancellation of the departure due to force majeure (indicatively bad weather conditions, prohibition of departure, strike of the Maritime Federation, etc.). The terms concerning the issuance and cancellation of ferry tickets, their loss, the boarding procedure and the transport regulations constitute direct commitments between the ferry company and the PARTICIPANT. Therefore it does not bear any responsibility towards the PARTICIPANT for damage or loss of luggage. In such cases the PARTICIPANT’s claims are directed directly against the shipping company, in accordance with the applicable provisions of international and national law.
7. EXECUTION-IMPLEMENTATION OF THE PROGRAMME: The ORGANISER makes every good and possible effort for the more consistent and accurate observance of the programme of the excursion in which the PARTICIPANT has declared participation. In many cases, however, due to unbalanced factors and unforeseen situations (indicatively, ban on departure due to adverse weather conditions, strikes of the Maritime Federation, seafarers, air traffic controllers, etc., flight cancellation by airlines or delay, ferry delay, etc.) it becomes necessary to change and differentiate the programme. A possible change in the departure times of the means of transport from morning to noon or afternoon and vice versa or the time of boarding at road trip bus is not considered as change of schedule. A change or modification of the program can occur either before the departure of the excursion or during it.
Prior to departure, the ORGANISER has the right to modify the itinerary of the trip in relation to that indicated in the programme of the excursion received by the PARTICIPANT. In these cases the PARTICIPANT has the following options:
A) To accept the change
B) Cancel his participation and get his money back if the change is substantial and makes the trip, as it turns out, uninteresting for him (e.g. cancellation of one of most destinations). This right is not granted if the change of schedule is non-essential (e.g. change in the day of the scheduled tour, change of hotel in another of the same category, cancellation of one of the various tours, etc.) or when due to a superior violence (indicatively exceptional weather conditions, strikes, etc.) as mentioned above, the change of date is mandatory, however it is now unsuitable for the PARTICIPANT. In this case the ORGANISER reimburses the money paid by the PARTICIPANT deducting the administrative expenses (organisational and communication expenses, advances for the reservation of room tickets, etc.) without him having any further claim for compensation for non-performance of this contract.
C) to participate in another excursion of the ORGANISER with the same sale price or in a cheaper excursion with simultaneous return of the price difference or more expensive excursion paying in addition the price difference. This possibility is provided under the conditions which are also stated at choice B.
If the PARTICIPANT pays for his trip and having received the newsletter issued and delivered by the ORGANISER according to article 4, 1b p.d. 339/1996, before leaving for it, it is presumed that he has accepted the unconditional acceptance of the possible changes in relation to the original program.
During the trip the ORGANISER has the right, aiming exclusively at the safety of the PARTICIPANT and the best possible execution of the programme, when an unforeseen event or anomaly arises from unbalanced factors mentioned above (transport delays or cancellations, wars, unrest, strikes, weather etc.) to make changes to the programme. In these cases, all additional costs that will arise for the smooth running of the programme (e.g. extra nights, food, transportation), will be borne by the PARTICIPANTS, if it becomes apparent that it was impossible to predict them. For these changes the PARTICIPANT has no claim against the ORGANISER as long as they are non-essential and do not significantly reduce the content and interest of the trip (e.g. transfer to another hotel of the same category, cancellation or change of time of one of most tours etc.) For the substantial changes for which it could be evidenced the fault and responsibility of the ORGANISER, this responsibility is limited according to the above.
8. CANCELLATION OF EXCURSION BY THE ORGANISER: The ORGANISER has the right to cancel an excursion before departure, mainly due to events that constitute force majeure and for security reasons. In this case, the PARTICIPANT will be reimbursed the amount of money paid, minus administrative costs (organisational and communication costs, advances for booking tickets, rooms, etc.) without any claim for further compensation. If during the excursion there are reasons that require its immediate cessation (war conflict, extraordinary weather events, etc.) the responsibility of the ORGANISER is limited to the repatriation of the PARTICIPANT by the most appropriate means, without any other liability of refund or compensation. Also an excursion can be cancelled due to non-completion of the minimum number of entries (which varies per excursion). In this case the ORGANISER is not responsible for any compensation, except for the money already paid, provided that he informs the PARTICIPANT at least 5 days before the scheduled departure date. If the PARTICIPANT declared his participation through a SELLER, the above information will be given to the SELLER who is solely responsible for immediately informing the PARTICIPANT. In both cases of cancellation, the PARTICIPANT has the right to participate in another excursion of the ORGANISER of corresponding value, if available.
9. RESERVATIONS: In order for any reservation to be valid for participation in the tour of the ORGANISER, the PARTICIPANT must accept / sign this contract before the trip and pay the amount of the advance payment for the trip. The amount of the deposit is set by our office and is different for each trip. The payment of the excursion must be made no later than 7 days before the departure of each excursion, otherwise the ORGANISER has the right to cancel the reservation, according to the applied provision for cancellation of the excursion by the PARTICIPANT. The PARTICIPANT can declare participation in an excursion by paying to the account of the ORGANISER the amount of the minimum deposit and sending at the same time by fax or e-mail the present contract completed and signed.
10. CANCELLATION OF THE EXCURSION BY THE PARTICIPANT: Each PARTICIPANT has the right to cancel his participation in an excursion. If the cancellation is made up to 30 days before departure, the PARTICIPANT will be charged with 30.00 euros / person for organisational and communication costs. If the cancellation is made up to 14 days before the trip, 50% of the value of the trip is withheld, as a penalty clause for the unproven damage of the ORGANISER. If it takes place up to 7 days before the departure of the trip, the ORGANISER withholds 70% of the value of the trip and if it happens in the last week, the ORGANISER is entitled to withhold the full value of the trip, also as a penalty for his unproven damage. These deductions are made whatever the reason for the cancellation of the trip (e.g. indicative reasons of health, extraordinary professional obligations, even force majeure). The right to participate can be assigned to another person, as long as this person meets the necessary conditions required for the trip (consent to the terms of participation, possible charge of assignment costs due to change of tickets, acceptance of the assignment by other bodies (airlines, ferry companies, hotel, etc.). In the above case the PARTICIPANT must inform the ORGANISER or the SELLER 5 working days before departure, while especially in the case of sea transport, the deadline for the above assignment is 10 days.
11. HOTELS-ACCOMMODATION: The rooms are usually available from 14.00 and remain at the disposal of the PARTICIPANT until 12.00 on the day of departure. Most hotel rooms in Greece and in the world are designed as double rooms. The triple room is essentially a double room with an extra bed, which may be smaller than normal. The same goes for quadruple rooms. In triple and quadruple rooms the space is noticeably limited. There is no single hotel ranking category that is universally accepted. In general, the use of stars is accepted (2*= tourist category, 3*= B category, 4*= A category, 5 *= Luxury category) but it does not have the same characteristics in every country. It is possible for hotels of this category to show differences in their quality characteristics. It is the duty of the ORGANISER to ensure that the hotel in question is, based on its operating license, the category listed in the programme, without guaranteeing any quality features. All hotels with which the ORGANISER cooperates have the legal license in force required by the authorities of the state in which it is located. The ORGANISER may, without a claim on the PARTICIPANT, change the hotel in which he will stay in relation to the initial selection, if the need arises, but is obliged to secure a hotel of the same category.
12. INSURANCE: The ORGANISER acting in accordance with the law, has covered the liability of the insurance to the PARTICIPANT for the PARTICIPANT for any claims from non-performance or incorrect execution of the contract of travel as well as in case of accident or physical for material damages with a maximum liability of the total covered amount of 300,000 euros for more than one accident that may occur during the validity of the insurance contract, cumulatively for bodily injuries and material damages, including financial compensation due to moral damage or mental suffering, as well as for the return of money and the repatriation of travellers in case of insolvency or bankruptcy, by concluding sub-no. 22.118338 civil liability insurance contract with the insurance company INTERLIFE ASFALISTIKI. The PARTICIPANT may, at his discretion, cover at his own expense and in a company of his choice the risks which are not covered by the above insurance contract.
13. OBLIGATIONS-RESPONSIBILITIES OF PARTICIPANTS: Participation in an organised trip implies appropriate social behavior and understanding towards fellow travellers and organisers (escorts). For this reason it is necessary the absolute compliance of the PARTICIPANTS with the travel programme, the suggestions of the escorts and guides. The PARTICIPANT has the sole responsibility for securing and storing the necessary travel documents required on a case-by-case basis (passport, visas, certificates, identity card, etc.) in order to participate in an excursion, depending on its destination. If the PARTICIPANT holds a foreign passport, this must be stated in time and in writing. The observance of the formalities set by each state for the entry of foreigners in it must be satisfied on its own initiative by each PARTICIPANT. Foreign exchange supply (purchase, genuine statement, genuine signature, etc.) is also the sole responsibility of the PARTICIPANT. The safekeeping, throughout the trip of valuables that the PARTICIPANT carries with him (cameras, jewelry, valuables, etc.) is his responsibility, while he must also arrive at the exact time of departure for the various events of the program (excursions, tours, transfers, flights, meals). Otherwise the tour leader has the right to leave without the specific PARTICIPANT respecting the other tourists and the observance of the programme. In this case the PARTICIPANT is not entitled to any compensation, if he misses an event of the trip, while in addition he is charged from any additional costs that arose (e.g. taxi rental).
14. PRICES: The selling price of an excursion has been calculated, taking into account the prices of air, ferry fares, hotel prices and the exchange rates that apply during the preparation of the programme. The ORGANISER reserves for himself the right to fluctuate prices up to 20 days before departure, due to e.g. increase in air fares or fuel, change in exchange rates, limited number of participations, etc. In cases where there is an increase in these prices, the PARTICIPANT has the right, either to cancel his participation and the money will be refunded, without any other compensation, or to agree to the adjusted prices. The prices of the ORGANISER excursions do not include airport taxes, port fees, admission to museums, optional excursions and anything else that is specifically mentioned in the programme of the excursion received by the PARTICIPANT, unless otherwise stated in the respective printed programme.
15. SETTLEMENT OF DISPUTES: The ORGANISER promises to resolve with every good faith and disposition, any dispute that may arise with the PARTICIPANT. However, in any case where there is an unresolved dispute, Greek law is applicable and the courts of the district of the Court of First Instance of Mytilene have jurisdiction.
16. OBSERVATIONS-SPECIAL WISHES OF THE PARTICIPANT: The special wishes of the PARTICIPANT are a request of the ORGANISER and do not create a claim against him unless he accepts them in writing. If the PARTICIPANT pays for the trip before receiving the written confirmation of the ORGANISER for the satisfaction of their special wishes, it means that the non-fulfillment of all or part of them is not a reason for his non-participation in the trip.
17. VALIDITY OF THE CONTRACT: This contract, if drawn up at the headquarters or branches of the ORGANISER, is also signed by the competent employee. If it is drawn up in the office of a SELLER, it is signed by the SELLER and the PARTICIPANT and has full force against them regardless of its signature by the ORGANISER. In this case, the confirmation of the booking of the PARTICIPANT and the acceptance of any special requirements is made with an independent document which will be sent to the SELLER. If the PARTICIPANT declares participation in the respective excursion through the direct booking form of the ORGANISER’s Website, he unconditionally accepts this before the payment.