Terms and Conditions

Published on July 01, 2016

Drakos Travel LTD

Terms and Conditions

DRAKOS TRAVEL LTD, is a private company limited by shares duly incorporated and existing under the laws of the Republic of Cyprus, with registration number HE53601 and having its office address at Drakos House, 67 Ag. Fylaxeos Street, 3025, Limassol, conducting its business as a destination management company, hereinafter referred to as the “DMC”.

The “CLIENT” is the first named company or person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred to. For the avoidance of any doubt, any obligation imposed on the Client, and any representation, warranty, and undertaking made, given, and assumed (as the case may be) by the Client, under these terms and conditions, shall apply to the Client and all persons who are part of the booking for the Project. Additionally, the Client shall procure that all persons, who are part of the booking for the Project, will adhere to and comply with all terms and conditions set out herein.

The DMC and the Client shall hereinafter be referred to collectively as the “Parties” and each individually as a “Party”.

WHEREAS, the Client desires to assign to the DMC, as a destination management company, to book and operate all services which are specified in written correspondence between the Parties, as such services may be agreed from time to time, and in any relevant invoice(s) which are provided by the DMC to the Client, including, but not limited to the final invoice provided by the DMC.

1. Interpretation

In the interpretation of the terms the following shall apply:

• Reference to “day” shall mean “calendar days”, reference to “month” shall mean “calendar month”, and reference to “year” shall mean “calendar year”;
• References to “written” include any method of representing or reproducing words in legible form, which for the avoidance of doubt, includes email but does not include any other text messages or other form of instant messages;
• The headings shall in no way affect the interpretation of the terms;
• Reference to “Cyprus” shall be to the Republic of Cyprus.

2. Engagement of the DMC

The Client engages the DMC to provide the Services on the terms and conditions set out below.

3. Payments & Deposits

The Client must settle the Invoices in accordance with the table in clause 3(ii) below, hereinafter referred to as “the Payment Schedule”.

The Payment Schedule is as follows:

• Failure by the Client to adhere to the Payment Schedule will automatically give the right to the DMC to cancel the Services including any hotel accommodation booked, at the DMC’s full and sole discretion and/or terminate its services, and any monies received up to that point will (unless otherwise determined by the DMC, at its full and sole discretion) be non-refundable, and will be retained by the DMC in full as liquidated and pre-determined damages reflecting fair and reasonable compensation for the accumulated damage (whether direct or indirect).
• All rates and/or prices are quoted in Euros (€).
• All relevant and applicable taxes, dues and levies are included in the rates provided.
• Should an increase in taxes, law, market condition, fuel prices and/or otherwise occur between the date when rates were given and the date of arrival, then the invoices will be adjusted accordingly.
• All necessarily incurred costs such as bank charges and credit card charges will be borne solely by the Client and the Client is at all times responsible to ensure that any and all amounts received by the DMC are received (a) on time and in accordance with the Payment Schedule and (b) without any such charges being deducted.
• Rates mentioned are based on the numbers specified by the Client in the written correspondence. Should the number of persons change, the rates will be modified accordingly.
• Unless otherwise agreed, the payment by the Client of any deposit, prepayment, invoice or proforma invoice, is an automatic acceptance by the Client of the terms herein.
• Any payment by the Client of an invoice or pro-forma Invoice, is an automatic acceptance of the Services provided by the DMC referred to therein.
• All rates are valid up to 30 days. The DMC reserves the right to increase such rates, as market conditions change, following the passage of such 30 days’ period, should the client not confirm and pay a deposit for the services.

4. Method of Payment

The Client may settle all Invoice(s) issued in respect of and in relation to the Project (clear of any deductions, set-off or bank charges) by bank transfer or deposit in the bank account of the DMC, details of which are as follows:

Bank: HELLENIC BANK (CYPRUS)

Account Name: DRAKOS TRAVEL LIMITED

Account Number: 241-01-606527-01

IBAN: CY56 0050 0241 0002 4101 6065 2701

BIC: HEBACY2N

All incurred costs, deductions and commissions, such as bank charges, credit card charges and/or foreign exchange charges, will be borne by the Client.

5. Cancellation Policy

General: The DMC will charge in full and be entitled to receive / retain payment for the following, in the event of full or partial cancellation of the Project by the Client:

All site inspection costs which the DMC incurred and absorbed in anticipation of the Project.

All out-of-pocket disbursements incurred by the DMC in connection with the preparation of the Project, including, without limitation, any amounts already paid to third party suppliers;

Unless otherwise determined by the DMC, at its full and sole discretion, all payments, pre-payments and deposits (including, without limitation, the 1^st Deposit) made by the Client to the DMC are non-refundable, and may be retained by the DMC in full as liquidated and pre-determined damages reflecting fair and reasonable compensation for the accumulated damage (whether direct or indirect).

Regarding Ground Services:

Where rates are indicated per person, a maximum of 10% decrease of group size is allowed by the DMC, provided that any such decrease is communicated to the DMC not less than 30 days prior to arrival.

With regards to any cancellations or reductions in persons (a) over and above the agreed 10% or (b) communicated to the DMC less than 30 days before arrival, the DMC shall be entitled to retain any and all payments, pre-payments and deposits in accordance with the provisions of clause 5.

Regarding Accommodation:

Penalty fees regarding cancellation of accommodation apply as mentioned in detail in the Table below:

The agreed number of rooms will be reserved only upon receipt of the 1^st Deposit; All extras will be additional to the Invoices provided and must be paid by the Client prior to their departure; and Any unpaid extras will be billed to the Client directly.

6. Provision of Information

The Client covenants and undertakes to provide to the DMC all required information including the final naming list and flight details in a timely manner and not later than 30 days before arrival. If the Client has any special requests (for example dietary requirements or room location), it should let the DMC know at the time of booking. The DMC will pass on all such requests to the relevant supplier, but cannot guarantee that they will be met.

7. Reconciliation

This will take place during the Project (before departure) according to the following terms:

Additional services required during the Project which did not form part of the confirmed quotation and which the DMC was instructed to perform during the Project will be invoiced to the Client at cost plus a fee of [15]% and will form part of the reconciliation invoices; Settlement of all reconciliation invoices will be required before departure.

8. Supplies & Equipment

Unless otherwise indicated, any decorations and/or props and/or supplies and/or any other equipment which the DMC provides for the staging of any part of the Project will be rented by the DMC solely for this purpose. In the event of any loss and/or damage of any sort, occurring due to an act or omission of the Client and/or the Client’s agents and/or or delegates and/or Project participants, the Client will be responsible for the full cost of replacing and/or repairing and/or cleaning the affected items and the Client acknowledges and accepts that the DMC shall have no liability whatsoever, relating to any such loss and/or damage.

9. Hiring Restrictions

The Client, hereby irrevocably agrees, acknowledges and accepts, that:

neither the Client nor any of its principals and/or employees and/or affiliates and/or delegates and/or Project participants can or will hire directly and/or as an independent contractor, any employee of the DMC and/or any person or company (either venue and/or restaurant and/or entertainer and/or other supplier whatsoever) working on the Project on behalf of or in connection with the DMC; and

the Client is prohibited from hiring and/or engaging with any other destination management company and/or travel agency and/or operator, in relation to the same Project, without the prior written consent of the DMC.

Failure to comply with the above terms, gives the right to the DMC to cancel all or part of the Services at their full and sole discretion and/or terminate the project, and all payments, pre-payments and deposits (including, without limitation, the 1^st Deposit) made by the Client to the DMC shall be non-refundable, and may be retained by the DMC in full as liquidated and pre-determined damages reflecting fair and reasonable compensation for the accumulated damage (whether direct or indirect).

10. Photography & Videography

The Client agrees to and approves on-site photography and videography of the program by the DMC; The Client permits the DMC to use photographs and/or videos taken as mentioned in clause 10(i) above for marketing or other purposes; The DMC will share all the photography and videography material with the Client, at the Client’s request and at the Client’s cost; and Unless otherwise stated, photographs in any communication are generic and for reference only.

11. Force Majeure Events

Force Majeure affecting the DMC and its suppliers:

In the event that this project cannot be performed or its objects cannot be fulfilled or otherwise the DMC cannot perform its obligations hereunder due to the occurrence or continuation of a Force Majeure Event (as the term is defined herein below): such failure to perform or fulfil the obligations required under these terms by the DMC shall not be deemed to be a breach of these terms by the DMC and shall not grant the Client a right of any claim whatsoever against the DMC for indemnification against loss, costs, and/or damages caused by such failure to perform or fulfil the obligations required under these terms; and the agreement shall automatically terminate and the Project will not be postponed or re-scheduled but it will be considered as cancelled, due to no fault of the DMC. Any monies received up to that point by the DMC will (unless otherwise determined by the DMC, at its full and sole discretion) be non-refundable, and will be retained by the DMC in full.

Force Majeure affecting the Client and/or participants:

In the event that the project cannot be performed or its objects cannot be fulfilled or otherwise the Client cannot perform its obligations hereunder due to the occurrence or continuation of a Force Majeure Event (as the term is defined herein below) or a Force Majeure event hinders the ability of the client to travel or otherwise enjoy the services booked then the project shall automatically terminate and the Project shall be considered as cancelled. Upon the occurrence of the foregoing, the DMC will be under no obligation to seek or request any reimbursements from third-party suppliers.

For the avoidance of any doubt, should a Force Majeure Event occur per clause 11 herein above, and the Project is cancelled, subject to any reimbursements due to the Client:

any monies received up to that point by the DMC will (unless otherwise determined by the DMC, at its full and sole discretion) be non-refundable, and will be retained by the DMC in full as liquidated and pre-determined damages reflecting fair and reasonable compensation for the accumulated damage (whether direct or indirect).

The term “Force Majeure Event” 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:

• war, acts of warfare, hostilities, invasion, incursion by armed force, act of hostile army, nation or enemy;
• aviation incident, flight cancellation or delay; riot, strike, uprising against constituted authority, civil commotion, disorder, rebellion, organised armed resistance to the government, insurrection, revolt, military or usurped power, civil war, act of terrorism;
• 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 project;
• any hazardous, dangerous, perilous, unsafe chemical substance material or property which renders liable or endangers the health and safety or either Party;
• flood, fire, arson, storm, lighting tempest, accident or other Acts of God;
• epidemic, pandemic, explosion, disease, earthquake, hijacking, sabotage, crime;
• cracking or fracturing of equipment, plant or property, landslip;
• nuclear radiation and/or accident;
• death, injury or illness of key personnel;
• any other event of any kind beyond the DMC’s reasonable control that directly or indirectly hinders or prevents the DMC from performing or fulfilling its obligations for the completion of the Project.

It is the Clients’ responsibility to be adequately insured and have the Project participants adequately insured for cases of cancellation due to a Force Majeure Event. For the avoidance of any doubt, the DMC shall have no liability whatsoever, and shall not have an obligation to adequately insure the Project, for Force Majeure Events.

12. Limitation of Liability

To the fullest extent permitted by applicable law, the DMC shall not be liable towards the Client, whether under law or contract, for any direct or indirect, incidental, consequential losses, costs, expenses, fees and/or damages suffered and/or incurred by the Client, including, without limitation loss of profit, sales, revenue and/or business, loss of anticipated savings, loss of or damage to goodwill and/or loss of agreements and/ or loss of use of productive facilities or equipment and/or property damages or personal damages, whether suffered by the Client or any third party, that arise out of or otherwise result from breach by the DMC of any provision, obligation or duty under these terms and/or delay in the performance of the Project, and/or occurrence or continuation or effect of a Force Majeure Event. Without limiting the generality of the foregoing:

The DMC will not be liable for any direct or indirect, incidental, or consequential loss incurred by, or damage caused to the Client or any participants of the Project, during any activities regardless of if these formed part of the Project or not; and

The DMC will not be liable for any services or facilities provided by a supplier, which do not form part of these tems between the DMC and the Client, or where they are not advertised or provided by the DMC and the Client acknowledges and accepts that the DMC is merely the destination management company which facilitates the Client’s requests and can provide no guarantee or affirmation as with regards to the level of service or quality to be provided by any third party supplier(s).

Provided that in respect of Client claims and/or demands, or part thereof, falling under the scope of International Convention(s) or Regulation(s) applicable to the DMC and/or otherwise applicable to the services rendered by it pursuant to these terms, in the event that the DMC is found liable in relation to any transport or accommodation or the acts or omissions of any carrier or accommodation provider in any respect or on any basis whatsoever, the maximum amount of compensation the DMC will have to pay to you will be limited to the maximum amount the carrier or accommodation provider would have to pay you in accordance with such applicable International Convention(s) or Regulation(s). Provided further that where a carrier or accommodation provider would not be obliged to make any payment to you under applicable International Convention(s) or Regulation(s) or otherwise in respect of a claim or demand, or part of a claim or demand, the DMC is similarly will not be obliged to make a payment to you for that claim, demand or part of the claim or demand or otherwise. When making any payment, the DMC is entitled to deduct and/or set-off and/or net any money which you have received or are due to receive from the carrier or accommodation provider or any insurer for the complaint or claim or demand in question.

The Client shall be solely responsible to obtain and maintain in full force and effect appropriate and adequate insurance (including without limitation, travel, holiday and leisure insurance) covering all of the above identified risks, losses, damages and liabilities the Client may be exposed or subject to, and the Client confirms and acknowledges that the DMC shall not be held liable to the Client under any circumstances whatsoever or howsoever arising, other than otherwise explicitly provided for in these terms. In addition to the foregoing, the Client shall ensure that all Project participants, also have in place relevant insurance coverage as referred to herein above.

13. Indemnity

The Client agrees to unconditionally, irrevocably and fully indemnify and hold harmless the DMC for any and all losses, damages, costs, claims, demands, proceedings, charges, expenses, fees, (including, without limitation, loss of profit, sales, revenue and/or business, loss of anticipated savings, loss of or damage to goodwill and/or loss of agreements, and/or legal costs) that arise, directly or indirectly, out of or otherwise result from breach by the Client (including, without limitation, any participant to the Project) of these terms, or if otherwise any of the warranties and representations referred to below become, at any point in time, untrue or incorrect.

14. Warranties and Representations

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 Individuals”), comply with the following:

All Individuals will be over 18 years old and any minors (younger than 18 years old) will be accompanied by an adult who is their parent and/or legal guardian.

Without prejudice to clause 12 above concerning insurance, all Individuals will be adequately insured against any and all losses which they may occur under or as a result of entering into and/or agreeing to these terms and participating to the Project; and

The Individuals have the responsibility of providing correct and accurate information to the DMC.

All Individuals will comply with the provisions of these terms.

15. General

Please see our privacy policy for full information regarding the way in which we use and store your personal data.

All terms are essential and breach of any term herein contained will result to damages being paid to the innocent Party, without prejudice and subject to the limitations on the part of the DMC.

These terms shall ensure the benefit of, and be binding upon, the Parties hereto and their heirs, executors, administrators, successors, and assignees.

16. Confidentiality

The Parties agree that they shall keep strictly confidential all financial, commercial, organizational and any other information and/or documents relating to a Party, their affairs and/or their business (which is not within the public domain) 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.

The DMC will only disclose such information and/or documents only in the following circumstances:

Where the DMC is required to disclose such information and/or documents for the purpose of performing or fulfilling its obligations under these terms;

Where the DMC is required to do so by law, policy or regulation, or other legal process.

The Parties acknowledge and agree that the duty of confidentiality, as referred to hereinabove, may not apply to information and/or documents that are not private, that is to say that such information and/or documents are within the public domain.

17. Amendments

The various activities of the Project may depend on Services provided by third party suppliers and not the DMC directly. 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 the Client and any revised activity will be discussed and agreed upon.

18. Notices

Notices  shall be sent to either Party using the contact details provided.

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.

19. Severance

In the event that any term, condition or provision, or any part thereof, shall be declared invalid, unlawful, or unenforceable by a court of competent jurisdiction, this shall not affect the other terms, conditions or provisions. However, that term, condition, or provision shall be deemed modified to the extent necessary to render the term, condition, or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties hereunder. If the term, condition, or provision cannot be modified, such term, condition or provision, or part thereof, 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.

20. Jurisdiction

These terms and services provided 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 these terms, including any question regarding its existence, breach, validity or termination, shall be referred to and finally resolved by the competent Court of Cyprus. Provided that nothing in these terms shall limit or shall be construed as limiting the right of the DMC to pursue any dispute or claim arising out of or in connection with these terms or raise or initiate any proceeding(s) or legal action(s) against the Client in respect thereof (hereinafter the “Proceedings and Legal Actions”) in the courts of any country in which the Client has assets or in any other court of competent jurisdiction, and nor shall any such pursuance, raising or initiation of Proceedings and Legal Actions in any one or more jurisdictions preclude the DMC from pursuing, raising or initiating Proceedings and Legal Actions in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.

21. Site Inspection Policy

The DMC can offer a site inspection for 1 person for 2 nights per 50 persons’ group size. For the avoidance of any doubt, site inspections are (a) not available for group sizes of less than 50 persons and (b) up to a maximum of 2 persons for 3 nights for groups over 100 persons.

This includes ground transfers by sedan, meals and fulltime contact with the DMC’s staff to go over the program. Larger vehicles will be charged accordingly.

In case where the DMC handles the accommodation for the Client’s group, the DMC will strive to offer this complimentary for the site inspection as well, but this is up to each hotel’s policy and is subject to availability.

The maximum number of nights for each inspection will not exceed 2 and the maximum number of participants shall not exceed 2.

Inspections over and above the DMC’s usual policy will be fully charged to the Client.

22. Miscellaneous

No omission to exercise or delay in exercising on the part of any Party any right, power or remedy provided by law or under these terms shall constitute a waiver of such right, power or remedy. No single or partial exercise of any such right, power or remedy shall preclude or impair any other or further exercise thereof or the exercise of any other right, power or remedy provided by law or under these terms.

Any waiver of any right, power or remedy under these terms must be in writing and may be given subject to any conditions though fit by the grantor. Unless otherwise expressly stated, any waiver shall be effective only in the instance and only for the purpose of which it is given.