Terms + Conditions
1. DEFINITIONS
In these Terms and Conditions unless the context otherwise requires, the following expressions shall have the following meanings:
“Accommodation Unit”: the accommodation unit of any kind such as rooms, suites etc. that are being offered by the Hotel for overnight stay.
“Accompanying Person”: Any person travelling with the Guest and staying with them in the reserved Accommodation Unit overnight.
“Check-in”: the process of receiving and signing the Registration Card and receiving Accommodation Unit access.
“Check-out”: the process of leaving the hotel-room and giving back the Accommodation Unit access.
“Consumer”: any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
“Direct Reservation”: A reservation made for a booking via Hotel channels (website, email and/or phone).
“Force Majeure”: Any event beyond the control of the parties of an unpredictable and insurmountable nature that prevents either the Guest or the Hotel from fulfilling all or part of their mutual obligations. Cases of force majeure or fortuitous events are considered to be those that would usually be recognized by the jurisprudence of the Greek courts.
“Grievance”: any event or situation that is encountered by the Guest that hinders the enjoyment of their stay in any way .
“Guest”: Any person that has checked in the Hotel and is staying overnight.
“Hotel”: The Hotel titled in the Registration Card.
“Manager”: A member of personnel with delegated authority.
“Personnel”: Persons employed by the Hotel.
“Platforms”: Third-party owned Web sites that provide travel services.
“Terms and Conditions” or “T&C”: The present Terms and Conditions
“Tour Operator”: Third Parties that provide tour services.
“Trademarks”: Markings that may or may not have been registered that are used by the Hotel to signify products or services.
Wherever hereunder the term “Guest” is used generally, it is considered that it refers to both the Guest and any Accompanying Person.
2. SCOPE
2.1. Notwithstanding opposite explicit agreements between the Hotel and Guests, the present Terms and Conditions (“T&C”) shall apply for all services provided by the Hotel to the Guest or Consumer, including, but not limited to, the provision of accommodation and the sale of products via the online shop
2.2. Sub-contracting or sub-letting of Accommodation Unit, together with their use for any purposes other than accommodation is strictly prohibited.
2.3. The present T&C shall supersede any contrary general terms and conditions that Guest or Tour Operator has set.
2.4. Guest may seek to negotiate separate terms, in part or in whole, with the Hotel for issues that are regulated with these T&C. Such negotiation should be made known to the Hotel at least 60 days prior to the designated checkin date and concluded 30 days prior to the designated check-in date. It is at the discretion of the Hotel to accept the proposed changes, and if such a negotiation fails it shall be considered that the Guest agrees with the present T&Cin their entirety. Failure of negotiation is not grounds for cancellation of a reservation by the Guest. For every term not differentiated it shall be construed that the Guest is agreeing with all other terms.
3. REGISTRATION CARD
These T&C apply to the Guest whose name, surname and signature appear in the Registration Card and his/her Accompanying Persons for whom the Guest is considered that is acting as their representative. By signing the Registration Card the Guest declares that accepts the T&C as well as the Hotel’s policies. During the check-in procedure persons that are EEA or EU nationals ought to produce national identifications documents. Non-EEA or EU nationals ought to have a valid passport.
4. STAY PROVISIONS
4.1. Safety
Guests and Accompanying Persons ought to take all reasonable precautions for their own safety when they are in their rooms or circulating inside the Hotel’s premises. Indicatively and not restrictively, Guests should be mindful of wet/slippery floor signs, glass doors or tables, vehicle circulation in the Hotel’s internal road network, slippery floor near the pools, stairs, etc. The Hotel bears no liability for accidents caused by mere carelessness of the Guests.
4.2. Disabilities - Medical Conditions - Diseases
4.2.1. Guests with disabilities that require special considerations ought to make such considerations known to the Hotel at least at the date of the booking.
4.2.2. If Guests have pre-existing medical conditions they should declare it during the check-in procedure. Medical conditions include but are not limited to: allergies, heart problems, skin diseases etc.
4.2.3. If it is medically ascertained that a Guest has an infectious disease, the Hotel retains the right to request their departure within 24 hours. If such a request is made by the Hotel, the Guest has the right to request the refund (if it has been already paid to the Hotel) for the remainder of the days.
4.3. Harassment
Guests should not behave in a way that constitutes harassment to other guests or personnel. In this sense harassment may include (indicatively and not restrictively): undue comments about ethnicity, religion, sexual orientation, political beliefs, gestures, physical contact, sexual lewdness or any other behavior that is deemed as harassment by relevant legislation.
4.4. Loud behavior
Guests should enjoy themselves but also be respectful of other Guests and not be unnecessarily loud during their stay. Voice volume of Guests and electronic devices (e.g. TV, radio, laptops) shall be kept to a minimum so as not to disturb other Guests. The present obligation includes both the Accommodation Unit and common areas, such as pools, restaurants, bars, lounge, etc.
4.5. Safety Deposit Box
4.5.1. The safety deposit box included in the Accommodation Unit may hold items (including cash) that are under 3.000 Euros of value.
4.5.2. With reference to the Safety Box manual of operation the Hotel does not assume any liability for missing items stored therein.
4.6. Food and Beverages (F&B)
4.6.1. Food and Beverages preparation inside the Hotel fully complies with all Health and Sanitary regulations.
4.6.2. Guests with allergies or any kind of ingredient intolerances are required to notify the Food and Beverage-handling Personnel of this issue and be mindful of the ingredients of the F&B that they purchase inside the Hotel.
4.7. Sports facilities and services
4.7.1. All Guests that use the sports facilities and services declare that they do not suffer from an illness or injury that may be aggravated by the use. Guests who suffer from injuries or illnesses that prevent them from exercising are not allowed to use the sports facilities and services. If they do engage in any kind of physical activity, the Hotel assumes no liability for potential accidents or injuries.
4.7.2. It is construed that all Guests that use the sports facilities and services are aware of the way that the equipment or facilities they use work. In case the Guest is not familiar with the way the equipment or facilities work, he is required to ask for help from the designated Personnel. The Hotel assumes no liability for any injury caused by the misuse of equipment or facilities.
4.7.3. Children under 18 years of age are allowed to use the sports facilities and services only under the supervision of an adult.
4.7.4. Use of sports equipment and facilities that requires sitting or lying on them is not allowed without the use of a personal towel.
4.7.5. Guests shall not leave personal items (i.e. cell phones, tablets, wallets) unattended at any time while at the sports facilities. Hotel assumes no liability for items lost or stolen.
4.8. Swimming
Swimming and any other seaside activities in the sea or in the pool should only be performed if Guests have swimming competency and are healthy to do so. In any case, the Hotel assumes no responsibility whatsoever for any damage to health of Guests arising out of sea side activities.
4.9. Use of Pool
4.9.1. Use of the pool is only allowed to persons who are competent to swim or healthy to do so. Persons entering the swimming pool will be considered by the Hotel to have declared their competency to do so.
4.9.2. Persons under 18 should always be under the visual supervision of an adult.
4.9.3. Use of the swimming pools is not allowed while under the influence of drugs, alcohol or medications that inhibits physical ability.
4.9.4. Guests are required to be extremely careful when walking around the pools, especially when the floor is wet.
4.9.5. If special attention is required for Guests while swimming, it should be made immediately known to competent Personnel.
4.9.6. Guests not following the above mentioned rules in any way regarding the use of swimming pools are waiving their rights to claim any sort of damages by the Hotel.
4.10. Outdoor Activities and Tours
4.10.1. Hotel offers a variety of outdoor activities and tours inside or outside the premises of the Hotel.
4.10.2. Guests and Accompanying Persons participating in Activities and Tours declare that they are healthy and do not suffer from any allergy, illness or injury that may be aggravated by their participation in such activities. Guests who suffer from allergies, injuries or illnesses that prevent them from exercising or participating are not allowed to participate in Outdoor Activities or Tours. If they do engage in any kind of physical activity or tours, the Hotel assumes no liability for potential accidents or injuries.
4.10.3. Guests participating in Outdoor activities or tours are considered to declare that they are aware of the potential risks of all outdoor activities or tours (including transportation - when needed- from and to the Hotel) and that they participate willingly at their own risk. Guests are required to take all reasonable precautions for their own safety, follow the instructions given and report any problem to the competent Personnel.
4.11. Internet Service
4.11.1. Internet service for use by Guests is provided “as is” by an internet service provider, therefore Guests are not guaranteed speed of internet access nor the continued use of internet access. The use of the internet service is not in any way designed for the conduct of business, and its scope is for personal use only.
4.11.2. The Hotel may restrict use of the internet service if it is found that Guests are abusing the service. Abuse may include indicatively and not restrictively include, the downloading of single files over 1 GB per/8 hours, attempting to hack network infrastructure of the Hotel and/or attempting to access other Guests private devices through the Hotel network.
4.11.3. Use of the internet service is construed as a waiver of any responsibility of the Hotel.
4.11.4. The Hotel does not assume any responsibility from the use of the internet service regarding data security or privacy.
4.11.5. Guests may not make defamatory statements on internet media for the Hotel or the Hotel, and/or Hotel Personnel.
4.12. Parking
4.12.1. Though the Guest may be offered a parking space in the Hotel garage or car park, this shall not form a contract for its safe keeping, even if a parking fee is paid.
4.12.2. Hotel bears no liability for any damages caused by other Guests’ willful or negligent behaviour when driving inside the parking lot.
5. ONLINE SHOP
5.1. By placing the products in the online shop we make a binding offer for the conclusion of a contract for these articles. You can put our products into the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
5.2. Contract language, contract text storage
5.2.1. The language available for the conclusion of the contract is German.
5.2.2. We save the contract text and send you the order data and our terms and conditions in text form. The contract text is for security reasons no longer accessible via the Internet.
5.3. Terms of delivery
5.3.1. In addition to the indicated product prices, shipping costs may also be incurred. You will find more detailed information about possible shipping costs in the offers.
5.3.2. We deliver only by shipping. Unfortunately, it is not possible to pick up the goods yourself.
5.4. Payment:
In our shop you can choose between the following payment methods:
Credit card – When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal – During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Apple Pay – In order to pay the invoice amount via Apple Pay, you must use the "Safari" browser with which service provider Apple is registered, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order to us. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the ordering process.
Immediately after placing the order, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. You will receive further instructions during the ordering process.
5.5. Reservation of title
The goods remain our property until full payment has been made.
5.6. Transport damages
If goods with obvious transport damages are delivered, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
5.7. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies.
For used goods: if the defect occurs after six months from delivery of the goods, the defect claims are excluded. Defects that occur within six months from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
The above limitations and shortening of periods shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health
in the event of wilful or grossly negligent breach of duty as well as fraudulent intent
in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed orif the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
5.8. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty
in case of guarantee promises, if agreed, or
- if the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
5.9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
6. GENERAL LIABILITY
6.1. Disclaimer: The Hotel and its vicarious agents shall, in accordance with statutory provisions, be liable for damages towards the Guest arising only from willful or grossly negligent behaviour. The same shall apply to damages to life, limb or health resulting from negligence. In cases of property and financial damages caused by negligence, Hotel and its vicarious agents shall only be liable if and when a fundamental contractual obligation been breached, however such liability shall be limited to foreseeable and contractually typical damages when the contract was entered into and anyhow are not exceeding the amount charged by the Hotel for accommodation; fundamental contractual duties being such, the fulfilment of which is substantial to the contract, and on which the customer may depend. Should any faults or shortcomings arise in the services provided by the Hotel, the Hotel will make every effort to correct this if the customer has brought these to its attention or made his objections promptly known. The Guest is obliged to make reasonable effort to rectify any fault or minimize any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention.
6.2. If the Hotel does not insist on strict performance of the T&C or if the Hotel does not exercise or delays to exercise any rights or remedies available, this will not constitute a waiver of such rights and remedies or a modification of the T&C.
6.3. Neither party will be liable to the other party in the event of a breach of its obligations resulting from an event of Force Majeure. It is expressly agreed that Force Majeure suspends, for the parties, the execution of their reciprocal obligations and that each party shall bear the burden of the resulting costs.
7. DAMAGES CAUSED
7.1. Guests must take all reasonable precautions to avoid damage or interference with any property belonging to the Hotel. The Guest is liable for all inventory losses and damages caused by misuse, carelessness or negligence. Guests are requested to bring any damages to Hotel property to the Hotel’s immediate attention by notifying Personnel. Malicious, wilful, or negligent damage or interference Hotel property will be regarded as a breach of the present T&C and the Hotel reserves the right to terminate the Guest’s stay, withhold the deposit and / or charge the credit card on file for the restitution of the damages.
7.2. For any damage caused to property owned by other Guests, or Personnel by Guests, the Hotel reserves the right to seek damages if it is forced to restitute them. The Hotel will contact the Guest to recover the costs for any repair, replacement or specialist cleaning necessary.
8. CONTRACTED SERVICES
Several services are being provided to Guests by third-parties indicated by the Hotel but not directly by the Hotel (herein after “External Contractor”). Such services may indicatively but not restrictively include: transportation services (private taxis), excursions, water sports, spa, selling of goods and other services. If the Guest does not make a separate arrangement with the contracted External Contractor, it shall be construed by default that they have elected to pay the Hotel which will then in turn pay the External Contractor. The External Contractors are not in any way affiliated to or mandated by the Hotel so the Guest establishes a direct contractual relationship. The Hotel is acting only as authorized by the External Contractor for collecting the fees for the relevant service. Hotel Guests using contracted services are waiving all responsibility of the Hotel from any damages arising out of their use.
9. PROPERTY
9.1. The Hotel reserves the right to charge Guests the cost of replacing any property owned by the Hotel that is removed from the Hotel by them without the Hotel’s informed consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact that the item is missing come to light after the Guest has departed, Hotel reserves the right to make a charge to the Guests credit / debit card, or send an invoice for the amount to the registered address.
9.2. The Hotel assumes no liability for safekeeping of the Guest’s personal items, unless it is explicitly agreed upon in writing. The Hotel is in no way liable for the loss of or damage to Guest’s personal items that is not directly caused by Hotel’s or its Personnel’s acts or omissions.
10. DEPOSIT FOR DAMAGES
The Hotel may charge a deposit of up to ½ of the total rate paid (or to be paid) by the Guest to cover damages to the Hotel. Upon check-out the Hotel shall either return the sum within 15 days to the Guest (via the credit/debit card Hotel) or may elect to counterbalance it for charges arising from the use of Hotel or contracted services.
11. PERSONAL DATA
11.1. The use of a CCTV (Video Surveillance) system is in use in the hotel premises for the safety of the Guests, Personnel and Hotel property.
11.2. Surveillance records are kept for security purposes for up to 15 days or 30 days in case of accident report.
11.3. Personal information (including but not limited to Name, Surname, email addresses, postal address, telephone numbers, Accompanying Person) of Guests may also be stored and used for marketing purposes by the Hotel or other connected entities.
12. FINAL PROVISIONS
12.1. Superimposed These T&C regulate the stay of the Guest in the Hotel’s Hotel. Therefore they are superimposed over any agreement the Guest has made with a third party, and the Guests waives all rights to seek compensation from third parties for issues that arise out of these T&C under which the Guest would be responsible.
12.2. Guest Grievance Resolution
12.2.1. For any Grievance that arises during their stay Guests ought to reach out to Personnel to resolve their Grievance.
12.2.2. If the Grievance is not resolved, then the Guest ought to reach out or request from Personnel to speak to a Manager for their Grievance.
12.2.3. If the Grievance is not resolved again, the Guest has the right to fill out a write Grievance Report and deliver it to the concierge or a manager. If that is not possible it ought to be sent electronically (via e-mail) with the Subject: “Grievance Report- (Surname, Name)” to the Hotel’s official email address referred in the Registration Card.
12.2.4. If the above mentioned procedure is not followed, any grievances that are reported after the checkout date shall not be recognized as such by the Hotel.
12.3. Acceptance and Waiver Signature of the Registration Card constitutes acceptance of the T&C and conclusion of the Check-out without any written observation to the contrary constitutes a full waiver of responsibility of the Hotel for any damages occurring from the stay at the Hotel.
12.4. Nullity If any individual term of these T&C is deemed void, the validity of the remaining provisions shall not be affected thereby.
12.5. Applicable Law and Competent Jurisdiction
12.5.1. Applicable Laws of Greece and relevant EU Legislation are to be applied for the present T&C.
12.5.2. For any disputes arising out of these T&C in connection with their total or partial validity, execution, compliance or resolution, competent courts shall be the Courts of Heraklion, Greece.