Terms and Conditions
Published on July 01, 2016
1. Payment Policy
i. All rates and/or prices are quoted in Euros;
ii. All relevant taxes, Cyprus Tourism Organisation (CTO) taxes and Service charges are included in the rates provided in all Invoices;
iii. Unless otherwise agreed in writing, a 30% non-refundable deposit is required to book any services by Drakos DMC.
iv. Full prepayment is required 30 days prior to arrival of the guests – non-refundable.
v. Failure by the Client to adhere to the payment terms will automatically give the right to the DMC to cancel services at the DMC’s discretion and any monies received up to that point will be non – refundable or will be refunded at the discretion of the DMC.
vi. Should an increase in relevant taxes occur, then the Invoices will be adjusted accordingly;
vii. Rates mentioned in the Invoices are based on the numbers specified by the Client in the written correspondence, should the numbers of persons drop, rates will be modified accordingly;
viii. Unless otherwise agreed, a deposit payment by the Client is an automatic acceptance of our terms and conditions.
ix. Any agreed number of rooms will be reserved only upon receipt of the first deposit;
x. All extras must be paid by the members of the group prior to their departure;
xi. Any unpaid extras will be billed to the Client directly.
2. Method of Payment:
i. The Client may settle the Invoice(s) by Bank Transfer or Deposit in the Bank Account of the DMC:
Bank: HELLENIC BANK (CYPRUS)
Account Name: DRAKOS TRAVEL LIMITED
Account Number: 241-01-606527-01
IBAN: CY56 0050 0241 0002 4101 6065 2701
ii. All necessarily incurred costs such as bank charges will be borne by the Client;
iii. Payments by debit/credit card bear a 3% processing fee;
iv. In the event of payment via Bank Transfer, the Client is responsible to make sure that the amount paid will be received by the DMC on time according to the payment terms.
3. Provision of Information
i. The Client undertakes to provide all required information including the final naming list and flight details to the DMC in a timely manner and not later than 30 days before arrival.
This will take place during the Project (before departure) according to the following terms:
i. Additional services required during the Project which did not form part of the confirmed quotation and which the DMC was instructed to perform will be invoiced at cost plus a fee of 15% and will form part of the reconciliation invoices;
ii. Settlement of all Reconciliation Invoices will be required before departure.
5. Force Majeure
i. In the event that this Agreement cannot be performed or its obligations fulfilled due to Force Majeure, then such failure to perform or fulfil the obligations required under this Agreement by the DMC shall not be deemed to be a breach of this Agreement.
ii. The term “Force Majeure” shall be defined as those acts or circumstances which could not reasonably have been predicted or guarded against which are beyond the control of the Parties, including but not limited to (a) war, acts of warfare, hostilities, invasion, incursion by armed force, act of hostile army, nation or enemy; (b) riot, uprising against constituted authority, civil commotion, disorder, rebellion, organised armed resistance to the government, insurrection, revolt, military or usurped power, civil war; (c) acts which hinder the course of or stop, prevent interrupt or breach the supply and/or provision and/or existence of any asset and/or financial asset and/or material and/or power which is instrumental to the continuance of this Agreement; (d) any hazardous, dangerous, perilous, unsafe chemical substance material or property which renders liable or endangers the health and safety or either party or the general party; (e) flood, fire, arson, storm, lighting tempest, accident or other Acts of God; (f) epidemic, explosion, disease, earthquake, hijacking, sabotage, crime; (g) cracking or fracturing of equipment, plant or property, landslip; (h) nuclear radiation and/or accident; (i) death, injury or illness of key personnel.
6. Limitation of Liability
i. In no event, shall the DMC be liable for any special, indirect, incidental, consequential or punitive damages of any kind, including but not limited to, loss of use of productive facilities or equipment, lost profits, property damages, personal damages or lost production, whether suffered by the Client or any third party, irrespective of whether claims or actions for such damages are based upon contract, negligence, strict liability or otherwise;
ii. The DMC will not be liable for any loss incurred by or damage caused to the Client or any participants of the Project, during any activities regardless if these formed part of the Project or not.
The Client agrees to fully compensate the DMC against any losses, damages, costs, claims, demands, proceedings, charges and expenses (including legal fees) in respect of loss or damage suffered by any third party, caused by the Client and/or the Client’s personnel and/or the Client’s client and/or a participant of the Project.
8. Warranties and Representations
i. The Client warrants and represents to the DMC that all individuals who will participate in the Project and will enjoy the Services (hereinafter referred to as “the Individual”), comply with the following:
ii. All Individuals will be over 18 years old and any minors (younger than 18 years old) will be accompanied by an adult.
iii. All Individuals will be adequately insured.
iv. The Individuals have the responsibility of providing correct and accurate information.
i. The Parties agree that they shall keep strictly confidential all financial, commercial, organizational and any other information related to a Party, their business and/or this Agreement received or obtained in connection with this Agreement and shall cause its officers, employees and subcontractors to keep confidential, and it shall not permit its officers, employees, and subcontractors, without the prior written consent of the other Party, in any manner, to use or communicate, publish, copyright, disclose, divulge or otherwise express to any third party. For the avoidance of doubt, the Parties hereby confirm that this Agreement, its existence and terms should also be treated as strictly confidential.
i. The various activities and of the Project may depend on services provided by third parties. The DMC therefore reserves the right to make changes of any aspect of these activities at a short notice. In such a case, the DMC will contact their principals and any revised activity will be discussed and agreed upon.
i. If notice is sent via fax or e-mail by either party, then a fax/ e-mail copy shall serve as an original unless an actual original is executed and received by both parties within 10 days.
In the event that any or any part of these terms, conditions or provisions shall be declared invalid, unlawful or unenforceable, such terms or parts, conditions or provisions shall be severed. The remaining terms or parts, conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement shall be governed by and construed in accordance with Cyprus law, without giving effect to the conflicts of law provisions thereof. Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, breach, validity or termination, shall be referred to and finally resolved by the competent Court of Cyprus.