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Allgemeine Geschäftsbedingungen Reiseveranstalter Kreta Reisen - kreta.com Terms & Conditions (Tour Operator Kreta Reisen - kreta.com )

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Terms and Conditions of the Tour Operator Kreta Reisen - kreta.com GmbH & Co KG

General

YOUR USE OF OUR WEBSITE Kreta.com Authorised use: You only use Our Website Kreta.com:
1a - to get in touch with us for your bookings or travel arrangements
2a - to get information and availability of our products and services
3a - for purposes legitimately connected with purchasing our products and services
4a - You use our website kreta.com only for your own personal, non-commercial use only which will be reasonable and not abusive Non-authorised use: You agree that you shall not:
1b - false or fraudulent reservation.
2b - use our website in a way that causes or may cause an infringement of the rights of any other party.
3b - use this Website in any way that affects the performance of the Website or our systems or which interferes in any way with other users use of the Website
4b - access, extract, use or copy any material or information on this Website for any commercial purpose or for any purposes which are unlawful. except that you may print off any individual page for your own personal use. The material & information on this website is property of Kreta.com
This Website contains links to other websites that may either be websites operated by companies which are partners of Kreta.com. You are not licensed to use any material & Information on our Website unless written permission is granted, and you may not meta tag any of these materials.

1. Travel registration and booking confirmation

The website Kreta.com is owned and operated by Kreta.com - Kreta Reisen GmbH & Co.KG a company registered in Germany with its Registered Office in Düsseldorf, RG Düsseldorf HRA 19123/ Amtsgericht Neuss HRB 21235 ID-Number DE 253273821 which trades under the name Kreta.com. Our company meets all standards of the Payment-Security System SSL. Our travellers are protected by the insurance: TOURVERS Insurance Number: 55.151.618 Please ensure that you review all of the following sections of our Website Terms and Conditions carefully before using our Website – your use of and access to any page or part of our Website indicates that you agree to comply with and be bound by all of these terms and conditions. If you do not agree to our Website Terms and Conditions you will not be permitted to access or use our Website.

AGREEMENT WITH US Kreta.com Our Contract with you. Your booking and our written confirmation constitute the travel agreement, which is by e-mail. The applicant also registers on behalf of all participants mentioned therein; the applicant is liable for his own contractual obligations as well as for the other participants, inasmuch as he has taken up a corresponding special obligation through their expressed and special laration. The written travel confirmation includes all the important specifications for travel e.g. type of accommodation and hire car, extra programmes and price. Discrepancies between the content of the travel confirmation and the travel booking should be notified immediately. Claims against such discrepancies are excluded if they have not been notified prior to the commencement of travel.

2. Payment for your arrangements

You will be required to pay a deposit of 25 % of the total amount to us for each person when you book unless this is within 32 days of departure when the full amount for the booking is payable. The deposit amount will be specified by us when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the holiday price. Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking. This is your only commitment until 32 days before you go. After your Booking-Order you will got from us a written- e-mail-confirmation/ Invoice. Within 7 days of booking you have to pay the prepayment. You must pay the rest-amount at latest 28 days before you go on holiday. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total amount. We accept Visa - Card or Master-Card.
In the event of two failed attempts to collect any direct debit payment we will cancel the direct debit mandate and you will be required to make payment by another method as detailed above. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to all persons travelling on this booking. Your contract with us shall be governed by and construed in accordance with the laws of Germany. You agree to submit to the exclusive jurisdiction of the courts of Germany/Düsseldorf over any claim or matter arising under or in connection with your contract with us. It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities. It is your responsibility to comply with all passport, visa and other immigration requirements. Your passport and travel documents must be intact; you may be refused travel if they are damaged or have been tampered with. We do not accept any responsibility if you cannot travel because you have not complied with these requirements..

3. Website Facilities from Kreta.com

The range of the contractual services can be found on the Internet service description site. Your binding online bookings are only valid with our written booking confirmation.

We have made available various services, tools and functionality on this Website for your use:
1C - TRAVEL-PLAN/ Shortlist: You can use the shortlist for storing up to 8 holidays. These will stay in your shortlist/ Travel-Plan until you remove them. This allows you to view the saved holidays whenever you are logged in. The prices of the holidays may go up or down and you will be shown the most up to date price each time you view the holiday.
2C - SUPPLY OF PRODUCTS AND SERVICES
Normally when you book our products and travel arrangements you have an agreement with Kreta.com otherwise we will make it clear to you that Kreta.com is acting as an agent for another travel provider. If you book only flight then your contract is with the Airline. Please note that Kreta.com may provide accommodation, transport from a wide range of third party accommodation providers and carriers including airlines, ships, trips, excursions, travel insurance and hire car. The provision of these arrangements will be subject to the terms and conditions of each provider as part of your Conditions of Contract with us.
3 C- YOUR INFORMATION All details provided by you or collected when you use this Website will be used and held by us in accordance with our Privacy Notice. Information about cookies and their use by us on this Website can be found in our Cookies-Link.
4 C- Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice. You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
5 C - The Conditions Of Your Ticket: When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage'. You acknowledge that all these terms and conditions form part of your contract with us as well as with the transport company. You can ask us booking your holiday to provide you with a copy of any of the conditions applicable to your journey. The airline's terms and conditions are available on request. We will tell you the identity of the air carrier when you book with us and if it is not known at that time or subsequently changes we will inform you as soon as possible and no later than at check-in for your flight.

With Kreta.com you can now book your holiday in Greece, just your accommodation, your car hire, your excursions or flights. Our holidays on this website are financially protected by the Insrance TOUR VERS scheme. But TOURVERS protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. Please see our booking conditions for information or for more information about financial protection and the TOURVERS- Certificate go to: www.tourvers.de

Kreta.com Package Holiday This product offers you combinations of Kreta.com- hotels and flights at an inclusive price. This product enjoys the protection of the Package Travel, Package Travel and Linked Arrangements Regulations 2018, as well as other benefit. Kreta.com

Accommodation Only This product offers you a great selection of Kreta.com- Hotels/Accommodations from a wide range of levels at competitive prices. Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on holiday. Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed.

Please Check your invoice, If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. We may transfer your booking to another company in our partners, but this will have no effect on your holiday arrangements. The Price You Pay: All prices we advertise are accurate at the date published, but we reserve the right to update prices from time to time caused by increase of fuel. Prices include a cost for fuel that was estimated at the date of this publication.We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We reserve the right to increase the price of your holiday - Package after you have booked but no later than 20 days before the departure. After a Confirmation Invoice has been sent to you, any increase to your holiday price will only be as the result of the direct consequences of changes in The price of the carriage of passengers resulting from the cost of fuel or other power sources; the level of taxes or fees on the travel services included in the package travel contract imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports . The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. We aim to provide your holiday as booked. But if, for example, you do not pay the balance of the holiday price on time, we reserve the right to cancel it. We may also cancel your holiday when there are not enough people booked and we have notified you of the minimum number required. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday, except where this is because you have not paid, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one. We may offer you a replacement holiday from another partner. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown and we will always refund the difference in price if the replacement holiday is of a lower standard and price.

4. If We Change Your Booking Details:

We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Occasionally it may be necessary to change the aircraft type for your flight which may mean that some facilities such as in-flight entertainment or the advertised seat pitch may not be available. Where we are unable to provide a seat option that you have paid for we will refund the amount you have paid. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e-ticket itinerary), which you should check carefully as soon as you receive it. A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours.

Important Note – Events Beyond Our Control
Events beyond our control include but are not limited to: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure relevant flying rights, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events. What Happens To Holiday Complaints: We can usually sort out any complaints you may have. We will arrange for you to receive the travel services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Except where we are a Booking Agent we are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us . If any part of your holiday is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our control. But if we cannot agree, you can access the European Commission Online Dispute (ODR) Resolution platform http://ec.europa.eu/consumers/odr/. We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses. These businesses should follow local standards. However safety standards are generally lower than in the meet EC fire safety recommendations of Europe. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. Where you or someone on your holiday is in difficulty, we will give you appropriate assistance without undue delay by providing appropriate information on health services, local authorities and consular assistance and assisting you to make distance communications and helping you find alternative travel arrangements. We reserve the right to charge a fee for such assistance if the difficulty is caused intentionally by you or through your negligence, but any fee charged will be reasonable and will not exceed the actual costs we incur. Excursions: From time to time we may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.

Your Conduct
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or resort in any risk or danger, on the telephone, in writing or in person. If the Captain of your flight or cruise ship or any of our resort staff or agents believes that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion. If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur. If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you. As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses,including legal expenses incurred as a result, including but not limited to, cleaning, repairing or replacing property lost, damaged or destroyed by you, compensating any passenger, crew, staff or agent affected by your actions and diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.

5. You want to change your booking?

5.1.
1. you may transfer your booking to another person, providing the following conditions are met:
- You provide us with at least 7 days notice and authorise the change in writing, which includes email
- The new lead passenger accepts the transfer and the terms of Our Agreement
- That person complies with the terms of the existing booking
- That person has valid holiday insurance – you cannot transfer your holiday insurance to the new lead passenger.
We’ll charge amendment fees to change a name on a booking outside 14 days to departure; these will be added to the new invoice. The new lead passenger, and you should they fail to pay, will be responsible for the payment of any balance due on that new invoice.
2. Some arrangements cannot be removed once they have been added to your booking. These include: transfers, flight options, children's activities, board upgrades and late checkout rooms. Certain extras, such as excursions, and airport - Transfers may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
3. We charge an ‘Amendment Fee’ for each detail of your booking we allow you to change, see guide to our amendment fees table below. Please note that more major changes, including but not limited to, travelling later than planned, changes which lower the basic price of your holiday, and changes which result in your holiday ceasing to be a Package Holiday will be treated as a cancellation and incur the appropriate charges.
4. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
5. When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.
6.Some accommodation is priced according to the number of people staying there. If your party size changes, we’ll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn’t a cancellation charge, and it isn’t normally covered by insurance.
7. Some arrangements cannot be removed once they have been added to your booking. These include: transfers, flight options, children's activities, board upgrades and late checkout rooms. Certain extras, such as excursions, and airport - Transfers may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
8. 50 € per booking charge will be applied if you cancel car hire insurance more than 14 days after the initial holiday booking.
9. please note there won’t be any reduction in the price you pay, even if your new travel arrangements are cheaper than the original booking.

5.2. You want to cancel/ Change your booking?

Fee for Name-Changes 50 € per person. If you want to cancel your booking, or part of it, you must contact us as soon as possible, please send us a Cancellation - Request info@kreta.com. Once your booking has been cancelled you can expect to receive a cancellation invoice within 14 days. If you don’t please contact us. This cancellation - Invoice must be sent to your insurance to get the money back. To cover the cost of processing your cancellation, and to compensate us for the risk that we may not be able to resell your travel arrangements, we’ll make a cancellation charge on the scale shown below. You are responsible for paying this charge. please bear in mind that your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid. Where extra facilities or transport are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay.
Please think about a Travel-insurance!

5.3. You can withdraw from the contract at any time before the commencement of travel. In your own interest and to avoid misunderstandings we recommend you withdraw in writing. The authoritative time of cancellation is from the point in time it arrives at Kreta Reisen (kreta.com).
The amount of the cancellation charge rate is based on the travel price and the time of receipt of the cancellation. Normally the cancellation charge rates, which we (Kreta Reisen (Kreta.com) claim from each traveller, are as follows. With regard to the cancellation charges and prices in question, we wish to point out that you have the opportunity to prove that Kreta Reisen (Kreta.com) had no or less claims and expenses than the cancellation charges in question.

5.3.1. The following fees apply to trips created with up-to-date flight prices: until 30 days before departure 40%
29 - 22 days before departure 50%
21 - 15 days before departure 65%
14 - 07 days before departure 75%
06 - 02 day before departure 80%
01 - 00 (no show) day before departure 100%

Flights are only arranged as part of our travel agency activities. Therefore, the general terms and conditions, tariff provisions for cancellations of the respective service provider, the airline or the tour operator plus our agency fee apply. If the tariffs are non-refundable, the cancellation fee is 100% of the travel price right from the start.

5.3.2. only accommodation hotels & apartments

until 30 days before departure 30%
29 - 22 days before departure 40%
21 - 15 days before departure 50%
14 - 07 days before departure 60%
06 - 02 day before departure 80%
01 - 00 (no show) day before departure 100%
If the tariffs are non-refundable, the cancellation fee is 100% of the travel price right from the start.

5.3.3. only accommodation villas / cottages / holiday homes:

until 30 days before departure 50%
29 - 15 days before departure 70%
14 - 00 (no show) day before departure 100%
If the tariffs are non-refundable, the cancellation fee is 100% of the travel price right from the start.

5.4. If the cancellation charge is unreasonable the courts may lower it.

5.5. On cancellation, travel documents already handed over (flight tickets, hotel vouchers etc) must be given back or the full travel price will be accounted for. Refunds are solely possible from Kreta Reisen (kreta.com).

5.6. All short notice changes from the 29th day before the commencement of travel the valid cancellation terms are at 5.3.1., 5.3.2. and 5.4. will apply. Changes to short notice bookings and reduced price travel (special offers) will be treated as a cancellation and a new booking at the same time.

5.7. Name changes and names of replacements are allowed at no charge up to 30 days before commencement of travel. From the 29th day we charge Euro 50 per person per change of name. Changes of name on scheduled flights must be checked with the airline and will be charged for on their terms Participants and replacements are jointly liable as co-debtors. We can object to the change of travel guest if he/she does not comply with the travel or legal requirements or if he/she is in contradiction with government agency directives. When 2 or more people have booked a double or triple room together and there is no replacement for a person cancelling we are entitled to claim for the full cost of the room, or if possible to put the remaining people up elsewhere.

5.8. Travel participants who have only booked a flight, or who are not making use of the tour rep or accommodation booked via Kreta Reisen in the holiday destination, are obliged to confirm the time of their return flight at the latest two days before travel with the local tour rep or the airline.

6. Liability and Limited Liability of Kreta Reisen(www.kreta.com)

As contractual air and sea freight forwarders Kreta Reisen (www.kreta.com) is liable under the International Warsaw Convention, Guadalajara and also the Athens Convention of 1974 for the transportation of passengers and their luggage by sea according to Greek maritime law etc. This is also valid for determining upper liability limits. Claims for damages ,delays and time changes can only be enforced trough the Carriers as Kreta Reisen (www.kreta.com) has no influence.

If in the course of the trip or in addition to this, travel by scheduled transport occurs and the passenger receives a corresponding ticket for this, Kreta Reisen (www.kreta.com) is offering an external service inasmuch as the travel description and the travel confirmation expressly indicate this. Kreta Reisen (www.kreta.com) is not then itself liable for the provision of the transport service.t.

Kreta Reisen has no liability for faults occurring in external services arranged by them such as excursions, sports programmes, sports events etc. In addition Kreta Reisen (www.kreta.com) is liable to the traveller when the conditions for all contractual damage claims exist, all claims are limited up to a maximum of the triple travel cost which are not physical injury, or inasmuch as the damage to the traveller was neither caused intentionally or grossly negligently or insofar as the tour operator is solely responsible for the default of a service provider in respect of the traveller. Claims for reduction and compensation are subject to a limitation period of 14 days after clients departure; the period of limitation begins from the contractual date of the completion of the travel. To resolve the traveller´s complaints, the traveller is obliged to notifiy his matter of concern immediately to Kreta Reisen (www.kreta.com).

Claims for reduction in price and damages expire after one year; The start of the limitation period is the contractually stipulated end of the trip. This does not apply to damage to life, limb or health that is based on a negligent breach of duty by Kreta Reisen or an intentional or negligent breach of duty by a legal representative or vicarious agent of Kreta Reisen.

7. Passport, visa, currency and health regulations

The traveller is responsible for complying with the applicable Passport/Visa -regulations. All disadvantages, which are as a result of non-compliance with the Passport/Visa-regulations, are borne by the traveller..

All disadvantages resulting from non-compliance with these regulations are borne by the traveler. In their own interest, all travelers should receive information from the responsible consulate in the country of travel.

The traveler should inform himself about infection and vaccination protection as well as other prophylaxis measures in good time, if necessary medical advice should be obtained.

8. Court of Jurisdiction

The traveler can only sue the tour operator at his seat. The place of residence of the traveler is decisive for lawsuits by the tour operator against the traveler, unless the lawsuit is directed against general merchants or persons who have moved their domicile or habitual domicile abroad after the conclusion of their contract. In these cases, the location of the tour operator is decisive.

Comments:

1. We ask you to bear in mind that special requests not included on our Internet portal cannot be confirmed by us until after consultation.

2. In your own interest we recommend that you take out insurance policies for travel cancellation insurance, emergency service insurance, travel health insurance and travel luggage insurance. If you do not want complete protection, we recommend taking out travel cancellation insurance. You can obtain this insurance from Kreta Reisen or your travel agency. The conclusion of travel cancellation insurance must follow within 14 days of receipt of the travel booking confirmation. By bookings up to 14 days before the commencement of travel, the conclusion of travel cancellation insurance must take place on the day of booking, or at the very latest the following work day. We also recommend taking out an extra travel insurance to cover travel services not used..

3. We ask you to put valuables and pharmaceuticals in your hand luggage, as the liability for transport is limited.

4. In spite of our best efforts, we cannot exclude that problems may arise in isolated cases of travel. In such cases we point out that the traveller is obliged to inform us immediately of the complaint. If the traveller culpably neglects to report the fault, there is no claim for a reduction..

5. The travel participant can terminate the contact if as a result of a deficiency the travel is seriously impaired. However a termination is only permissible if Kreta Reisen does not offer redress within a reasonable time limit set by the traveller. A termination without a term of notice is only permitted when redress is impossible or denied, or if the termination of the contract is justified in the particular interest of the traveller.

6. If during the life-span of our Internet portal changes in the law make amendments to individual items of our general terms and conditions necessary, we will base our contracts on these new terms from the date they take effect. You will receive the new terms on this page on-line definitely in time for the conclusion of the contract..

October 2020

Impressum:
Tour Operator: KRETA REISEN - kreta.com GmbH & Co. KG
Poststr.3
40667 Meerbusch
Germany

Sitz: Meerbusch | Amtsgericht Neuss HRA 7956
phG: Kreta Reisen kreta.com Verwaltungs-GmbH
Sitz: Neuss | Amtsgericht Neuss HRB 2135
Geschäftsführerin: Nikoletta Fotiadou-Brack
USt-Id Nr.: DE 253273821

kreta.com