Terms & Conditions between Emotional Travel and the Client
The following Terms & Conditions construe the Contract between Emotional Travel and the Client, and apply to any booking made with the travel agency, for any of each tourist packages.
The Travel Contract is composed by the below terms and conditions together with the program description edited in the catalogue, the web site, or travel program, and by the confirmation of the services booked by the Client.
The Confirmation of any service implies that the Client, or any participant listed in the booking have read and accepted the regulations relevant to the Travel Contract, the terms and conditions below and any advice contained in the sales proposal.
Important Note: The only language used during our tours is English.
1. Legislative sources
Tourist Package: the Tourist Package contract is ruled by the following regulations and laws:
- European Directive 2015/2302/CE (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015L2302)
- Greek Presidential Decree 07/2018 executing the directive 2015/2302.
- European Directive 2000/31/CE relevant to juridical aspects of information technology, and therefore also e-commerce services and privacy rules.
- Greek Presidential Decree 131/2003 executing the directive 2000/31.
Organiser: Emotional Travel as the subject who undertakes to perform the combination of the travel services as per below art. 3. and takes on the obligations in its own name to provide a third party with tourist packages, against the payment of a price. – hereinafter also referred to as “ we, us, our”.
Contract: these terms and conditions together with the description of the program featured in this web site or in a separated travel program, the booking confirmation, as well as any other document, which might result legally necessary for the completion of bookings.
Supplier: the provider of tourist services.
Client: the person or entity who makes and is responsible for the booking and relevant payment, either if he/she is acting on his/her own behalf and/or on behalf of all the people named in the booking, even if added at a later stage – hereinafter also referred to as “ you, your ”. For any communication the address and contacts of the Client are the ones in the contract
Traveler: the person who enjoys the services booked in his/her favor at the destination.
Destination: the geographic area where services are rendered.
Services: the provision of any services, or activities, which are provided to the client by the supplier.
The definitions referred herein have the same interpretation to the following text.
3. Basic notions
Tourist Packages are journeys, holidays and “all-inclusive” circuits, tourist cruises, resulting from the pre-established combination of at least two of the following services, sold or offered for sale at a forfeit price, whose duration will exceed 24 hours, that is, at least one night, and which are created for leisure purposes:
- Vehicle rental
- any other tourist services related to the same travel, which constitute a significant part of the Tourist Package (at least 25% of the travel package value)and combined within 24 hours from the conclusion of the first travel contract, not ancillary to transportation or accommodation and which constitute a significant part of the Tourist Package.
The client is entitled to receive a copy of the Tourist Package sales contract, which is the necessary document for him/her to apply for the “Insurance Coverage”, as specified in the following art. 19.
4. Making a booking
Upon receipt of your booking request, we will submit you a detailed sale proposal, with specifications about the services booked, via electronic forms, and which you shall confirm to us in writing via email within 24 hours.
Your booking will be fixed and valid by the moment of our confirmation to you, or your travel agent, either via e-mail, website, and which also implies your full acceptance of the terms and conditions of this Contract.
The date of your booking is the one of our confirmation to you, or your Travel Agent.
Prior to the beginning of the services booked we will provide you all necessary travel documents, and any additional information which might not be contained in the program or not included in this contract.
Any particular or special exigencies must be communicated at the moment of your booking request, and expressly agreed upon with us.
You are kindly requested to check any details on the documents we forward to you, and to immediately notify us of any incorrect or incomplete details at the moment you receive them, as it might not be possible to make changes later. Outside these time limits we will do our best to rectify any mistake notified to us but you must meet any cost involved in doing so, if any.
a. Together with the booking we require a payment of 30% of the total amount of your reservation and the payment of any additional insurance or services you might have purchased in addition to the package basic rate.
b. The balance must be paid 30 days prior to the beginning of services.
c. Bookings made after 30 days prior to the beginning of services shall be paid in full at the time of booking.
d. Accepted payment methods are:
Credit Card: VISA, MASTERCARD
Onlinle payment: Paypal
Bank Transfer: Bank details will be communicated together with the confirmation. In this case we kindly ask you to send us via fax the payment receipt of the bank transfer stamped by the bank or email it to us at firstname.lastname@example.org The copy shall reach us within the closing time of our office at 17:00.
e. Failure in paying at the terms fixed in this article will determine the immediate rescission of the contract with no need of further written notice from us, and forfeit your deposit by way of cancellation terms, as shown in below art.10 depending on the date we treat your booking as cancelled.
f. A payment is considered as received when it reaches our bank account.
a. The price of your booking is determined by the contract and refers to what published in our catalogue, our website, extra-catalogue programs, or any update which might have been done afterwards.
b. For some itineraries or accommodations our web site might display a “Form Price”, which is indicative for the lowest price available for that product, but which may vary depending on factors, such as number of people, dates, type of accommodation etc.
c. We might vary the price until 20 days prior to the begin of services, provided that the increase does not exceed 8% of the booking amount and only in the case of following variations:
- transportation costs
- fuel costs
- exchange rate applying to the package, if any.
Such variations will be referred to the date of the program publication, or subsequent updates, if any. In such cases the prices will be adjusted, and we will notify to you in writing.
d. If the increase exceeds 10% you can reserve the right to cancel your booking and are entitled to a full refund of any sum already paid to us.
7. Program validity
Unless differently specified in the program, the validity is from 1.6.2018 to 31.12.2019
8. Modifications or cancellations by the Orginiser before departure
- If it happens that we are due to make significant changes to your “Tourist Package” before the beginning of the services, we will promptly notify you in writing indicating the type of variation and price difference, if any.
- If you are not willing to accept our proposal you can withdraw from the contract with no penalties, and be reimbursed of any sums already paid to us. Alternatively, and if available, you can choose another ‘Tourist Package” of the same quality at no extra cost. In case a lower cost package of the same quality is chosen, the price difference will be reimbursed.
- Your decision must be communicated to us in writing within 2 working days from our notification of the variation. Failing to do so, we will consider our proposal fully accepted by you.
i. In the event that for any reason not depending on you nor the ‘Traveler”, we are forced to cancel the “Tourist Package” before the beginning of the first service we will reimburse you of any sum already paid to us. Also you are entitled to be indemnified except in following cases:
- the minimum number foreseen in the program has not been reached (10 travelers)
- the cancellation is due to force majeure
- the cancellation is due to unpredictable happenings
In no cases, the refund we owe you will exceed the double amount of the sums you have already paid to us for the ‘Tourist Package”, nor be higher than what you would have owed us in case the cancellation was made by you, as per the below article 10.
ii. Alternatively you can chose to book another “Tourist Package” of equivalent or higher cost, if available, at no extra cost for you. Your choice must be notified to us in written within 2 days from our communication to you.
The provisions of this article do not apply in the case we are forced to cancel the “Tourist Packages” following to competent authorities advise any safety danger or discourage visiting the destinations. In this case you will be entitled to be reimbursed of the sums already paid to us with no extra indemnification.
9. Rescission by the Client
a. You can withdraw from the contract with no penalties in the following cases:
- the package price increases of more than 10% as per above art. 6
- significant modification of one or more elements of the ‘Tourist Package’ occur after the contract stipulation, or before the begin of the first service, which result to be objectively fundamental for the fruition of the “tourist package’ taken as a whole, and which have not been accepted by you.
b. If one or more of the cases listed above occur you have the following alternatives:
- choose another “Tourist Package” – if available – of the same quality at no extra cost, or a lower cost package of the same quality with the reimbursement of the price difference.
- be reimbursed of any sum already paid to us.
c. In all other cases except the ones above, you will be charged of cancellation fees as fixed in the following article 10, as well as of any cost for additional insurances stipulated at the time of booking, or for services already rendered.
10. Cancellation by the Client
a. If you or anyone registered on your booking decide to cancel the reservation, for reasons others than the ones stated in the above art. 9, you shall promptly notify us in writing. The cancellation date will be the one when we receive your written notification.
The following scale of charges will be payable depending on when the notification of cancellation is received by us:
- for cancellation until 31 days prior to the beginning of services, you are not charged and will be reimbursed of any sum already paid to us.
- for cancellation from 30 days to the day of the beginning of services, you are charged of the total amount already paid to us .
b. When operating for pre-established groups cancellation rules might be agreed upon from time to time.
c. If you cut short your holiday in circumstances depending on yourself, and where you have no reasonable cause for complaint about our “services”, we will not offer you any refund, or assist with any associated costs you may incur. The same you will not be entitled to any refund if the services booked are refused by ‘suppliers’ due to missing of valid personal identity documents/Visas, or other reasons referred to following art. 14.
d. When rescission penalties are enforced, we are entitled to hold the amount received as partial payment or full payment.
11. Modifications by the Organiser after departure
a. If, for any reason, except when depending on you or the “traveler”, we will not be able to supply an essential part of the services established in the “contract” during the travel, we will undertake all the necessary actions to provide an adequate alternative so to grant the continuation of the travel at no extra cost for you. Any price difference between the value of the service supplied and the service originally contracted will be refunded to you. Whenever an alternative solution will not be possible, or our proposal will not be accepted by you for justified and evident reasons, we will provide you with a transfer service back to the starting point of the first service rendered, at no extra cost for you and of equivalent value, if available, and reimburse the price difference for the part of services not rendered.
b. Please note: unless the change significantly alters the holiday, compensation will not be payable for minor alterations to the itinerary or nightly accommodation.
c. The provisions of this article do not apply in the case we are forced to modify or cancel the “services” of the “Tourist Packages” following to competent authorities advise any safety danger or discourage visiting the destinations. In this case you will be entitled to be reimbursed only for the services not rendered.
12. Minimum number
Programs are subject to a minimum number of 10 participants for its operation.
We reserve to cancel the services when the minimum number of participants is not reached.
You will then have the choice of booking an alternative “Travel Package” with us, changing your departure date at the appropriate additional cost, or having a money refund paid. No compensation will be payable and we are unable to offer refunds of any associated costs.
13. Changes & substitutions
a. Any request for changes, after the stipulation of the “Contract”, must be made in writing by the person who made the original booking within 30 days prior to the beginning of services.
b. If it is possible to make the change, it will be subject to an administration charge per booking, and payment of any further costs incurred as a result of the change.
c. If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reasons, we will agree the person’s booking to be transferred to another person (introduced by you) who satisfies all the conditions applicable to the “package”, subject to both persons accepting liability for full payment of the holiday cost and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers in order to make the change.
d. In any case we will not be responsible for the possible non-acceptance of the modification or substitution by service “suppliers”.
14. Travelers obligations
a. “Travelers” have the same responsibility for their personal safety and that of their possessions, as they do at home.
b. It is your responsibility to ensure you are aware of all recommended and required health precautions in good time before departure
c. Personal Documents: It is your responsibility to ensure you are in possession and carry with you all necessary travel and health documents before departure and that they are in course of validity. If travelling with young participants or children under 14 years old, please make sure they are provided with the necessary authorization to travel abroad and personal documents in course of validity. We will not be responsible for any consequence or service not rendered, due to missing valid personal documents.
d. Destination Safety: It is your duty to check about social/political safety of the Destination with the competent bodies, before you book any service, and before your departure.
e. Behaviour: You must observe the administrative and legislative provisions of the Destination, as well as any information provided by the Organiser (us), and regulations regarding the tourist package. Also you are held to strictly follow ordinary safety and diligence rules.
If in our reasonable opinion or in the opinion of any hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger, upset or damage to property or is persistently affecting the enjoyment of others, we reserve the right to terminate your holiday.
f. Disability: If you have any disability, please kindly ensure with our staff before you book, that the travel and services are suitable for your exigencies.
g. Special Requests: where a special request eg. diet, room location, twin or double bedded room, a particular facility at a hotel, and/or particular meals etc. is an important factor in your choice of holiday, you must advise us at the time of booking. We are happy to pass your request on to the service supplier but cannot guarantee that it will be met. The provision of any special request does not constitute a term of your contract with us.
h. Sporting Activities: in the interest of your personal safety when attending sporting activities the operator may require you demonstrate your competence, and reserves the right to refuse your participation for any reason if he feels this may compromise yours or other guests’ safety. This may also include not wearing proper equipment for the activity booked.
i. Personal belongings: for security reasons, valuable should be kept at a minimum. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive insurance.
j. Damages: the client or traveler is responsible for any damage caused by him/herself and must indemnify the organizer (us) or our suppliers or any third party. You must provide us with any document, information or useful element, which might serve to exercise the rights of the latter towards third parties, responsible for the damage.
15. Hotel rating
The Boutique Hotel or Guest house rating is indicated in the programs, catalogue or other information material, and it is the one officially fixed by the competent authority of the Country where the service is rendered.
Standards can however vary between hotels of the same class in different countries, and even in the same country. It is important to carefully read the individual hotel descriptions. In cases of absence of an official classification by the public authorities (such as Tourist Villages, Country Houses, Villas etc), we reserve to express our personal rating so to allow you to evaluate it and be well aware of your choice.
16. Responsibility of the Organiser
The tourist office has the obligation to coordinate and execute in the best possible way the trips. Having exhausted every possibility of providing care and is not responsible for any mistakes or omissions of third parties and their partners, and for emergencies, such as cancellations, delays, rerouting of vehicles (airplanes, ships, buses, trains, etc.) the exclusion (“embargo”) of areas due to terrorism, strikes, etc. causes. It cannot also predict or control any delays charter flights or routed airplanes and boats for technical, weather or other reasons.
The office is unable to predict or control circumstances foreign to the sphere of influence that may lead to the cancellation of the trip or losses due to non-performance or improper performance of the agreed services. In addition: strikes, accidents, diseases, epidemics, organic disorders due to local conditions, altitude, climate, meals not included in the travel schedule or due to insufficient hygiene by exogenous factors, injuries or hardships of war, coups, terrorist attacks, hijackings , earthquakes, weather conditions, fire, epidemics, toxic contamination and any other emergency or force majeure.
In these cases, the office is not liable for compensation for any damage caused by them. It will, however, make every effort to assist you and ensure travelers in any way, without the need to form the agency responsibility or liability coverage related discretionary spending, which will be covered, as in cases of force majeure.
Reasonable complaints during the trip, must be reported immediately and on the spot such person (or, failing that, to our office), and the provider of this service in writing. If the problem noted could not be solved on the spot, after returning from the trip, you must submit in writing to us of any such complaint within 7 working days, along with any documents or evidence you have for its justification. After 7 days, “the organiser” has no obligation to reply to any request. After the departure of the customer, if any damage due to non-performance or improper performance benefits of travel, compensation is limited to what is set in international conventions binding the country and governing those benefits.
17. Compensation limits
Under no circumstances, the organiser compensation will be higher than the compensation indemnities described by international conventions, with reference to the performances whose non fulfilment caused the responsibility.
18. Assistance obligation
We offer 24 hour assistance for emergency situations and to help resolve any issue while you are on holiday. We are obliged to provide assistance to the traveler, under due diligence, solely with reference to our obligations, or by contract or law regulation. We are exempted from responsibilities (art. 16 and 17 of this Terms and Conditions), when the unsuccessful or wrong execution of the contract depends on the traveler or depend on an inevitable or unforeseeable third-party event, or on a fortuitous or act by God event.
19. Insurance coverage
- The ‘Organiser” has an insurance policy for professional indemnity for any excursion organised for potential liability to “clients” arising from the failure or improper performance of the package. The number of the insurance policy and the details of the insurer is available to the “traveler” on demand.
- The insurance policy also covers the case of insolvency, bankruptcy of organizer, repayment obligation paid and repatriation of travelers.
- Unless expressly mentioned in the price, we encourage you to stipulate an insurance to cover costs of Cancellation, baggage losses or damages, illness or injuries.
- It is important that you have insurance cover and that it is adequate and suitable for your particular needs. If you fail to take out insurance and have to cancel your booking, you will be charged in accordance to our normal terms and conditions – see art. 10. Furthermore, if you require medical/any other form of assistance whilst on holiday you will not be covered and you in turn may incur significant costs. Please read your policy details carefully, as we are not responsible for its content, and take them with you on holiday.
- Also, in case of illness during travel within the EU, we recommend that you contact your Insurance Agent for adopting the “European Health Insurance Card.”
20. Operational modifications
We try to ensure that the information contained on our website and programs is accurate and up to date. However, due to the large anticipation we edit them, changes or updating might regrettably occur. We reserve the right to amend and/or give notice to any significant change at the time of booking. It is your responsibility to undertake a level of independent research and reconfirm services together with us or the Agency/Intermediary you have booked with, before the start of services.
21. Data protection
This “contract” is ruled by EU regulation 2016/679 of the European Parliament and of the council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restriction which may disclose your religious beliefs (“sensitive personal data”). Any personal data will be used by us, or our collaborators, for administrative, or organisational reasons only, and will not be disclosed to any additional third parties, unless necessary for the correct execution of the contract, administrative or legal obligations. Personal data are necessary for the correct contract execution. For more please read our Privacy page. You are entitled to exercise restraints to this paragraph in writing before the start of the services to us:
e-mail: info@emotional travel.gr
This “contract” is ruled and governed by the Greek Law (and no other). The “Organiser” and the “traveler” are bound to resolve in good faith any dispute arising during the execution of the contract package. In case of failure of those efforts, the Parties undertake to contact the Dispute Resolution Committee of Friends of HATTA and request mediation. If settlement is not possible, the Courts of Thessaloniki is responsible for further dispute.