Drakos Travel

Terms and Conditions

Drakos Travel LTD

Terms and Conditions

 

DRAKOS TRAVEL LTD, is a Destination Management Company 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, hereinafter referred to as the “DMC”.

The “Client”, accepts the below terms and conditions in relation to services that will be provided by the DMC by request of the client.

The below terms and conditions apply where other terms have not been communicated by the the DMC to the client in writing.

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

 

  1. Payment Policy
    • Unless otherwise agreed in writing:
      • A 30% non-refundable deposit is required to book any services by Drakos DMC.
      • Full settlement is required 30 days prior to arrival of the guests – non-refundable.
    • Failure by the Client to adhere to the Payment Schedule 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.
    • All rates and/or prices are quoted in Euros.
    • All relevant taxes are included in the rates provided.
    • Should an increase in relevant taxes occur, then the Invoices will be adjusted accordingly.
    • All necessarily incurred costs such as bank charges will be borne by the Client;
    • All payments, pre-payments and deposits are non-refundable.
    • Rates mentioned are based on the numbers specified by the Client in the written correspondence, should the numbers of persons drop, rates will be modified accordingly.
    • 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 Schedule.
    • Unless otherwise agreed, a deposit payment by the Client is an automatic acceptance by the client of the terms herein.
    • Any agreed number of rooms will be reserved only upon receipt of the first deposit;
    • All extras must be paid by the members of the group prior to their departure;
    • Any unpaid extras will be billed to the Client directly.
    • No-shows are subject to full cancellation charges.
  1. Method of Payment:
    • 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

BIC: HEBACY2N

    • All necessarily incurred costs such as bank charges will be borne by the Client;
    • Payments by debit/credit card bear a 3% processing fee;
    • The Client is responsible to make sure that the amount paid will be received by the DMC on time according to the payment terms.
  1. Provision of Information
    • 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.
  1. Reconciliation

This will take place 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 will be invoiced 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.
  1. Force Majeure
    • In the event that the project cannot be performed or its obligations fulfilled due to Force Majeure, then such failure to perform or fulfil the obligations required under these terms by the DMC shall not be deemed to be a breach of the terms by the DMC.
    • As time is of the essence in projects relating to travel and events, should the project not be able to materialise due to Force-Majeure at a specific time and place, the project will not be postponed or re-scheduled. It will be considered as cancelled. The client will not be liable to further compensate the DMC as per the payment schedule. On the other hand, any deposits, payments and prepayments already made to the DMC up to that point are non-refundable and remain in favour of the the DMC.
    • 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) 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;

(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 the project;

(d) any hazardous, dangerous, perilous, unsafe chemical substance material or property which renders liable or endangers the health and safety or either party;

(e) flood, fire, arson, storm, lighting tempest, accident or other Acts of God;

(f) epidemic, pandemic, 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.

    • It is the clients’ responsibility to be adequately insured and have the project participants adequately insured for cases of cancellation due to force majeure.
  1. Limitation of Liability
    • 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;
    • 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.
  1. Indemnity

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.

  1. 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 Individual”), 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.
    • All Individuals will be adequately insured.
    • The Individuals have the responsibility of providing correct and accurate information.
  1. General
    • All terms are essential and breach of any term herein contained will result to damages being paid to the innocent party.
    • These terms shall ensure the benefit of, and be binding upon, the Parties hereto and their heirs, executors, administrators, successors, and assignees. 
  1. Confidentiality
    • The Parties agree that they shall keep strictly confidential all financial, commercial, organizational and any other information related to a Party and their business 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.
  1. Amendments
    • 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.
  1. Notices
    • 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.
  1. Severance

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.

  1. Jurisdiction

The terms herein 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.

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