The following delivery terms form an integral part of the Accommodation Agreement entered into between an Accommodation Provider and Favvillas Travel Agency (each a "Party" and collectively the "Parties").
In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:
"Halkidikivillas.com" "Our Office" "Us" "Our Website" means the website, tools, websites or other devices of which the Services of Favvillas is made available.
Customer Service means the customer service desk of Halkidikivillas.com which can be reached at email@example.com or such other address as set out in this Agreement.
"Force Majeure Event" means any of the following events affecting multiple Guests and multiple accommodations: act-of-God, volcanic eruptions, (natural) disaster, fire, (acts of) war, hostilities or any local or national emergency, invasion, compliance with any order or request of any national, provincial, port or other public authority, government regulation or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosion, rebellion, riots, insurrection strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, close down of airports or any other exceptional and catastrophic event, circumstance or emergency, making it impossible, illegal or prevents Guests from travelling to or staying at the Accommodation.
"Guest", "Tenants", "Customers", "Renters" means a customer of the Accommodation.
"Service" means the on-line hotel reservation system of Halkidikivillas.com through which accommodations can make their rooms available for reservation, and through which Guests can make reservations at such accommodations.
"Accommodation providers", "Owners" means all holiday rental owners or managers that are legal representative and exploit the accommodation.
2. General obligations
All properties advertised through us are owned by owners and not by Us
We are a travel agency specialized on holiday rentals.
According to Greek legislation any tenant reserves a property, it is suggested to sign a rental agreement directly with the property owner. This is the safest and the most reliable method.
All accommodation providers list their properties by submitting and sign the "Application for new listing"
3. Accommodation obligations
Application for new accommodation
Here you can find the on-line application form for new listing. All details must be true and the owner must agree with our terms and the obligations that we set for owners in full.
Generally he must honor the rental agreement between him (owner) and tenant which is been signed during reservation process.
He is responsible for his tax duties.
The owner, avoiding any kind of interruption, must pay all utility bills on time.
He is responsible for keeping the rental and the pool, if available, at its best condition i.e. no moistures on walls, regular cleaning of pool etc.
He cannot cancel reservations for any circumstances apart from Force Majeure as defined by law. For any other reasons he is responsible to replace the rental with another one at same standards.
For every single reservation owners must pay commission fee as defined on the agreement between the office and the accommodation
He must understand ant accept all terms & conditions
All accommodation information have been submitted by a signed application. "Application for new listing"
Information provided by the Accommodation for inclusion on the Websites shall include information relating to the Accommodation (including pictures, photos and descriptions), its amenities and services and the rooms available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees) and availability, cancellation and no-show policies and other policies and restrictions (the "Accommodation Information") and shall comply with formats and standards provided by Halkidikivillas.com. Halkidikivillas.com reserves the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement.
The Accommodation represents and covenants that the Accommodation Information shall at all time be true, accurate and not misleading. The Accommodation is at all times responsible for a correct and up-to-date statement of the Accommodation Information, including additional availability of rooms for certain periods or any extraordinary (material adverse) events or situations (e.g. renovation or construction at or near the facility). The Accommodation shall update the Accommodation Information on a frequent basis (or such more frequent basis as may be required) by contacting us.
The information provided by the Accommodation for the Websites shall remain the exclusive property of the Accommodation. Information provided by the Accommodation may be edited or modified by Halkidikivillas.com and subsequently be translated into other languages, whereas the translations remain the exclusive property of Halkidikivillas.com. The edited and translated content shall be for the exclusive use of Halkidikivillas.com on the Websites and shall not be used (in any way or form) by the Accommodation for any other distribution or sales channel or purpose. Changes to or updates of the descriptive information of the Accommodation are not allowed unless prior written approval has been obtained from Halkidikivillas.com.
Unless Halkidikivillas.com agrees otherwise, all changes, updates and/or amendments of the Accommodation Information (including rates, availability, rooms) shall be made by the Accommodation directly through us.
All accommodations must be licensed by E.O.T. If the property is been used as monthly/ seasonal rental then there is no need of E.O.T. license.
The rate shown to Guests on the Websites shall be inclusive of VAT, sales tax, charges and all such other (national, governmental, provincial, state, municipal or local) taxes, fees, charges or levies (to the extent that such other taxes, fees and levies can be reasonably calculated upfront without further information).
Other than the total reservation amount, extra's and (sur-)charges as set out in the confirmed booking (rental agreement), the Accommodation shall not charge the customer any transaction/administration fee or charge for the use of any payment method (e.g. credit card charge).
In case of nightly rate changes our office must be informed by e-mail. Changes will take place within one working day and will affect only new requests.
All rates provided to us must be equal to any other advertiser except promotions offers and special prices.
In case that a client presents us a better price for the same property in any other advertiser we will automatically adjust the offer according to the other advertiser.
Obligation concerning reservations and guests
On arrival, he must deliver rental and keys, by him self or a dedicated person, at a meeting point near the house or at the house.
On arrival, he must present the house and all necessary facilities i.e. hot water, gardening hours, cleaning hours etc.
On arrival he must receive Damage Safety Deposit. We have no responsibility on any matters about damages and charges. All matters about safety damage deposit must be written on rental agreement.
He must provide a working phone number to the tenants in order to report him any kind of malfunction or problem concerning the property.
On Departure, he is responsible to get the keys and inspect the property.
4. Reservation process
5. Commission fees, Payments and money transfers
For each reservation made on the Websites by a Guest for an accommodation, the Accommodation shall pay Halkidikivillas.com a commission (the "Commission"). Payment shall be made as described later. The aggregate Commission per reservation is equal to a percentage (as agreed on the signed "Application for new listing") of the total amount of the reservation paid by tenant.
For the avoidance of doubt, Commission will also be charged in the event of overbooking or a no-show (unless the Accommodation has notified Halkidikivillas.com of the relevant no-show within 1 business day after the scheduled date of arrival of the Guest) or a charged cancellation (cancellation in violation of the free cancellation policy of the Accommodation) and shall be calculated in accordance with the confirmed booking.
All commission invoices are processed instantaneous and send out from our office in 1 working day after reservation's check-in
According to owner's choice, fees for our services are paid:
a) Cash on arrival. For each reservation made through our office commission fees must be paid 4 working days after check-in by accommodation.
b) Balance prior arrival. All payment processed and pass through our office. We keep our commission fee from reservation's total.
All payments sent out from our office are free of charge to Greek bank account holders.
Value Added Tax in respect of the payment of the Commission to Halkidikivillas.com Is included to the agreed percentage.
In the event of a dispute between Halkidikivillas.com and the Accommodation (e.g. on the amount of the Commission), any undisputed amount of the Commission will be paid in accordance with the terms of this Agreement, notwithstanding the status or nature of the dispute.
In the case of late payment, Halkidikivillas.com reserves the right to suspend its service.
6. Guest Reservation and complaints
Complaints or claims in respect of (the products or service offered, rendered or provided by) the Accommodation or specific requests made by Guests are to be dealt with by the Accommodation, without mediation by or interference of Halkidikivillas.com. Halkidikivillas.com is not responsible for and disclaims any liability in respect of such claims from the Guests. Halkidikivillas.com may at all times and at its sole discretion (a) offer customer (support) services to a Guest, (b) act as intermediate between the Accommodation and a Guest, (c) provide -at the costs and expenses of the Accommodation- alternative accommodation of an equal or better standard in the event of an overbooking or other material irregularities or complaints in respect of the Accommodation, or (d) otherwise assist a Guest in its communication with or actions against the Accommodation.
7. Overbooking and cancellation
Cancellation policies are described on each rental agreement
Accommodation provider cannot cancel any reservation for any circumstances apart from Force Majeure as defined within this document. For any other reasons he is responsible to replace the rental with another one at same standards.
8. Credit Card Data use and securitization
All payments made with credit cards are processed through a third party partner. Mostly Paypal will be used, as it is the most secure payment process. We have no access to any of these data.
9. Direct marketing to Guests
The Accommodation agrees not to specifically target Guests that have been obtained via Halkidikivillas.com in either online or offline marketing promotions or solicited or unsolicited mail.
10. Force Majeure Event
In the event of a Force Majeure Event, the Accommodation shall not charge (and shall repay (if applicable)) the Guests affected by the Force Majeure Event any fee, costs, expenses or other amount (including the (non-refundable) rate or the no-show, (change of) reservation or cancellation fee) for (i) any cancellation or change of the reservation made by the Guests, or (ii) that part of the reservation that was not consumed, due to the Force Majeure Event. In the event of reasonable and justified doubt, the Accommodation may ask a Guest to provide reasonable evidence of the causality between the Force Majeure Event and cancellation, no-show or change of reservation (and provide Halkidikivillas.com upon request with a copy of such evidence). In order for Halkidikivillas.com to register any cancellation, no-show or amendment of the reservation due to a Force Majeure Event, the Accommodation shall inform Halkidikivillas.com within 2 business days after (a) the scheduled arrival date of the no-show or cancellation, or (b) check out, the number of days actually stayed. Halkidikivillas.com will not charge any commission in the event of a registered no-show or cancellation or over that part of the booking, which is not consumed due to the Force Majeure Event.
11. Halkidikivillas.com RIGHTS AND OBLIGATIONS
The Accommodation hereby grants Halkidikivillas.com a non-exclusive, royalty free and worldwide right and license (or sublicense as applicable):
a) to use, reproduce, have reproduced, distribute, sublicense, communicate and make available in any method and display those agreed upon elements of the Intellectual Property Rights of the Accommodation as provided to Halkidikivillas.com by the Accommodation pursuant to this Agreement and which are necessary for Halkidikivillas.com to exercise its rights and perform its obligations under this Agreement;
b) to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) the Accommodation Information.
Halkidikivillas.com may sublicense, make available, disclose and offer the
Accommodation Information (including the relevant Intellectual Property Rights) of the Accommodation and special offers made available by the Accommodation on the Websites and all such further rights and licenses set out in this Agreement via or in collaboration with (the websites, apps, website, tools or other devices of) affiliated companies and/or third parties (the "Third Party Websites").
In no event shall Halkidikivillas.com be liable to the Accommodation for any acts or omissions on the part of any Third Party Websites. The sole remedy for the Accommodation in respect of such Third Party Websites is (i) to request Halkidikivillas.com (which has the right and not the obligation) to disable and disconnect with such Third Party Website, or (ii) termination of this Agreement, all in accordance with the terms of this Agreement.
12. (On-line) marketing and PPC advertising
Halkidikivillas.com is entitled to promote the Accommodation using the Accommodation's name(s) in online marketing, including email marketing and/or pay-per-click (PPC) advertising. Halkidikivillas.com runs online marketing campaigns at its own costs and discretion.
The Accommodation is aware of the working methods of search engines, such as spidering of content and ranking of URLs. Halkidikivillas.com agrees that if the Accommodation becomes aware of behavior by Third Party Websites that breaches the Accommodation's Intellectual Property Rights, then the Accommodation will notify Halkidikivillas.com in writing with details of the conduct and Halkidikivillas.com will use its commercially reasonable endeavors to ensure that the relevant third party takes steps to remedy the breach.
The Accommodation agrees not to specifically target the Halkidikivillas.com brand directly through keyword purchases that use Halkidikivillas.com's Intellectual Property Rights.
13. Representaion and warranties
The Accommodation represents and warrants to Halkidikivillas.com that for the term of this Agreement:
(i) the Accommodation has all necessary rights, power and authority to use, (sub)license and have Halkidikivillas.com make available on the Websites the Intellectual Property Rights in respect of, as set out or referred to in the Accommodation Information made available on the Websites;
(ii) the Accommodation holds and has complied with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing its operations and business.
14. Books and records
The systems, books and records of Halkidikivillas.com shall be considered conclusive evidence of the existence and receipt by the Accommodation of the reservations made by the Guest and the amount of the commission of the Accommodation due to Halkidikivillas.com under this Agreement, unless the Accommodation can provide reasonable and credible counter-evidence.
Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the "Confidential Information"). Confidential Information includes Customer Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
Each Party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the "Permitted Persons") to maintain, the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.
Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) was possessed by the receiving party prior to the date of this Agreement, (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including the any technical, operational, performance and financial data (but excluding any Customer Data)) in confidence to an affiliated company that is under the control of or controls that relevant Party (a company or other entity shall be deemed to control another if it owns or controls more than fifty percent (50%) of the voting stock or other ownership interest of the company or entity).
Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of Customer Data and to protect it from unauthorized use or release. Parties agree to comply with Directives 95/46/EC and 2002/58/EC on the processing of personal data and the protection of privacy.
16. Applicable law and court jurisdiction
Any dispute occurred between Us and owners, will be governed by Greek law and Greek court will be competent