Article 1 – Definitions
In these terms and conditions shall apply:
1. User: the natural person who, through mediation between the hirer and the lessor, services to consumers, which these general conditions apply;
2. Hirer: the natural person not acting in the exercise of professional or business and an agreement commits with the user;
3. Lessor: the natural or legal person who has granted the user regarding
rental of his car rental;
4. Agreement: an agreement made through an user-organized system for distance selling of services, until the conclusion of the contract exclusive made through use of one or more means of distance communication;
5. Day: calendar day, unless explicitly referred to working days;
6. Services: rental of rental cars;
Article 2 – Identity of the user
Main office: Airport Heraklion, Crete, Greece
Article 3 Applicability
- These general terms and conditions are applicable to every offer and/or quote to the User and any agreement concluded between User and Consumer.
2. Before the agreement is concluded, the text of these general terms and conditions is made available to the Consumer. If this is not reasonably possible, before the agreement is concluded, it shall be indicated that the general terms and conditions can be viewed by the User and shall be sent to the customer, as quickly as possible, free of charge, on the Consumer’s request.
3. If the agreement is concluded electronically, notwithstanding the preceding paragraph and before the agreement is concluded, the text of these terms and conditions can be made available to the Consumer by electronic means, in such a manner that they maybe saved by the Consumer in a simple manner, on a durable data-carrier. If this is not reasonably possible, before the agreement is concluded, it shall be indicated where the general conditions can be obtained in an electronic manner and on the Consumer’s request, they will be sent, free of charge, electronically or otherwise.
4. In the event that in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply correspondingly and in the case of conflicting general conditions, in every case, the Consumer may appeal to the applicable provision that is most favorable to him.
5. If any provision of these conditions is not valid for any reason, these conditions otherwise continue to remain in force. The invalid provision shall be replaced by a provision, the content of which shall correspond as closely as possible to the invalid provision.
6. In case of conflict between this text and a version of these conditions in another language, the Dutch text shall prevail.
Article 4 The offer
- If an offer has a limited duration or is made subject to certain conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the services offered. The description is sufficiently detailed in order for a proper assessment of the offer to be made by the Consumer. When the User makes use of images, these images are a true representation of the services offered. Obvious mistakes or errors in the offer do not bind the User.
3. Each offer contains such information that is clear to the Consumer what rights and obligations, are related to the acceptance of the offer. This concerns, in particular:
The price including taxes;
Possible charges for late cancellation;
The manner in which the agreement shall be realized and what actions are required for this
The method of payment, delivery or execution of the agreement;
The deadline for accepting the offer, or the deadline for honoring the price;
The manner in which the Consumer, before entering into the Agreement, can be informed of undesirable actions for him as well as the manner in which he can redress those before the agreement is entered into.
Article 5 The Agreement
- The agreement, subject to the provisions of paragraph 4, is entered into at the time of acceptance of the offer by the Consumer and the fulfilment of the conditions stated therein.
2. If the Consumer has accepted the offer by electronic means, the User immediately confirms the receipt of acceptance of the offer by electronic means.
3. If the agreement is entered into electronically, the Users shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, the User will take appropriate safety precautions.
4. Within a legal context, the User can be informed if the Consumer can fulfil its payment obligations, as well as of facts and factors relevant to responsibly entering into the agreement. If on grounds of this research, the User has good reason not to enter into the agreement, the User is entitled to refuse a request or to add special conditions to the execution.
5 . In connection with the provision of the service to the Consumer, the User shall also send the following information, in writing or in such a way that it may be saved by the Consumer in an accessible manner, on a durable data-carrier:
a. visiting address of the User’s establishment where the Consumer can file complaints;
b. the conditions under which and the manner in which the Consumer of the can make use of right of withdrawal, or a clear message regarding the exclusion of the right of withdrawal;
c . the information included in Article 4 paragraph 3 of these conditions, unless the User has already provided this information to the Consumer, prior the execution of the agreement.
6. If the User is obliged to deliver a series of services, the provision of the preceding paragraph shall apply only to the first delivery.
Article 6 Right of withdrawal upon delivery of services
The Consumer has no right of withdrawal on the delivery of services to which these General Terms and Conditions are applicable. This is in accordance with the provisions of Article 7:46 i paragraph 5, of the [Dutch] Civil Code.
Article 7 The price
- During the applicable duration stated in the offer, the prices of the services offered are not increased, except price changes resulting from changes in VAT rate.
2. Notwithstanding the preceding paragraph, the User can offer services with variable prices for which prices are subject to fluctuations in the financial market and over which the User has no influence. This sensitivity to fluctuations and the fact that possible prices stated, are indicative prices, are stated in the offer.
3. Price increases within 3 months after entering into the agreement are only permitted if they are the result of legislation or regulations.
4. Price increases after 3 months after entering into the agreement are only permitted if the User has agreed to this and:
a. these are a result of legislation or regulations, or
b. the Consumer has the power to terminate the agreement on the date the increase takes effect.
5 . The prices stated in the offer of services include VAT, possible service charges and other costs, as stated on the on websites concerned. These prices are confirmed by the User, by email, after the request.
Article 8 Compliance and Warranty
- The User guarantees that the services fulfil the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement, the existing legal provisions and / or government regulations.
2. An arrangement offered by the User as a guarantee does not affect the rights and claims that Consumers can make / exercise against the User, in respect of a breach of the obligation by the User, – subject to the law and / or the agreement.
Article 9 – Delivery
- The User exercises the utmost diligence in assessing applications for the provision of services.
2. The place of delivery is the address that the Consumer has notified the company.
Article 10 – Car rental.
1.The user mediates in car rental. Therefore, the hirer makes a direct agreement with the lessor. The user is responsible for the booking, expressed in the voucher and is not a party to this agreement and may not be held liable for any conflict, any failure, or damage, in whatever form, arising out of this agreement.
2. The lessor is liable for damages resulting from the breach of the agreements as stated in the voucher.
3. The general conditions of lessor determine the car. If a deviation exists with the general conditions of the user, then the terms of lessor decisive as regards the car. The agreement referred to in the first member is Greek law.
4. The lessor reserves the right, to replace the booked vehicle by an equivalent vehicle, if the vehicle booked is unavailable.
5. Minimum rental period is 3 days. Daily prices are calculated on the basis of 24 hours, starting from time of receipt until the time of delivery.
6. Any extension of the rental period must be agreed with the Car rental company / user, not later than 1 day (24 hours) prior to the contractual time of termination, and is subject to possible availability.
7. The rental price includes: delivery at the airport or at the location indicated by the consumer
location, as stated on the voucher (if the car rental company allows delivery at this location), a
second driver, unlimited mileage, all taxes, a 24-hour service number and a map of Crete.
The following insurances are applicable: CDW (damage to the car), WA (liability), WUG (coverage
bottom, wheels and windows), TW (fire and theft), a passenger insurance. A flat tire is not covered.
8. The rent does not include fuel costs and (if applicable) young driver surcharge.
9. The renter / driver must be in possession of a valid and unendorsed
driver’s license. Valid licenses are: an international license, a European (EC) license, any
national driving license in the English language. National licenses in a language other than English must
accompanied by an official certified translation in English.
10. The minimum age of the renter / driver is 21 years (Category A, B), or 23 years.
Furthermore, the driver must be in possession of a valid driving license at least 1 year.
11. Fines resulting from non-observance of traffic rules are the responsibility of the
renter / driver. The costs must be paid directly on the spot.
12. Preferences for a particular type of car cannot be guaranteed by the user.
13. When the rent is less than 7 days with the return of the car at a different location than
where the car has received, a surcharge is applicable.
14. Damage to the vehicle, resulting from use of alcohol or drugs, irresponsible and / or
intentional conduct is not insured.
Article 11 Payment concerning car rent
1.On entering into the rental agreement for one or more cars, a deposit of 10% is required. After receipt of the deposit, the booking is confirmed and the voucher and a letter with extra information are sent to the email address of the consumer.
1a. For changes of data, given by the consumer in the booking, other than flight information and or flight changes, administration costs of € 20,- will be charged. This will be confirmed by email.
2. Payment for the rest amount of 90% is made upon the receipt of the car, by credit card or by cash payment.
3. After payment of the rent, a local rental contract is drafted and signed by both the Lessor and the Consumer / Lessee. This rental contract is also proof of insurance.
4. Non-(timely) presence of the Consumer/Lessee at the place and time, as stated on the voucher, without prior communication of this to the Lessor and / or User is considered as a no show. In such case, Article 13, paragraph 3 c is applicable.
5. When the rented car is not present at the agreed time and drop-off location, then an additional rental day shall be charged. This amount is immediately due to the User or Lessor and should to be paid, immediately, on the spot.
Article 12 Cancellation
1. Any cancellation must be reported in writing or electronically to the User.
2. If the Consumer, for whatever reason, does not make use the rent a car or if the car is returned at an earlier date, there will be no refund of payments.
3. If the agreement affecting the rent of one or more cars, is cancelled, the Consumer is charged, in addition to any applicable booking fees and administration fees, to the following cancellation fees:
a. cancellation up to and including 30 days before receipt day of the car: no cancellation fee, excluding administration fee, up to a maximum of 25 Euro;
b. cancellation from 30 days up to and including 1 day before receipt of the car: 10 % of the lease fee;
c. No show: 100 % of the lease fee.
Article 13 Liability
1. The User accepts no liability, except for and insofar as there is case of intent or gross negligence.
2. The User accepts no liability in case of damage, caused by delays, changes which arise due to citizen disputes, strikes, terrorist activity, natural and nuclear disasters, fire or adverse weather conditions, war, government action, closure or congestion of airports or ports, cancelled flights, operational and technical failures within the User’s office or external parties employed by the User, technical transport problems at the destination or bankruptcy of an airline and / or car rental company.
3. The User accepts no liability for inaccuracies in the mediation, if they are due to incorrect and / or incomplete information of the Lessors and Consumer.
4. The User accepts no liability for general information in pictures, brochures, advertisements, websites and other information carriers, insofar as these are set up or issued under the responsibility of third parties.
Article 14 Force Majeure
1. If, due to force majeure of a permanent or temporary nature, the User is prevented from further execution of the agreement, the User is entitled, without any liability for damage compensation, either to fully or partially dissolve the agreement by notification to that effect, without legal intervention, without prejudice to the right of the User to payment by the Consumer for work already performed by the User before there was a case of force majeure, or to fully or partially suspend the (further) implementation of the agreement.
2. The User will inform the Consumer as soon as possible of a situation of Force majeure. Force majeure, in any case, is indicatively but not limited to, that which is stated in the provisions of Article 14 paragraph 2 of these general terms and conditions.
3. In case of suspension, the User will still be entitled to the terminated agreement in whole or in part.
Article 15 Complaints
1. Complaints concerning the implementation of the agreement must be submitted to the User, within a reasonable time after the Consumer has found the defects, with full and clear description.
2. Complaints submitted to the User are answered within a period of 14 days, counting from the date of receipt. If a complaint shall require foreseeably longer processing time, the User shall respond within a period of 14 days with a message of receipt and indication of when the Consumer can expect a more detailed response.
3. Complaints regarding the User can exclusively concern the works carried out for entering into the conclusion of the agreement.
4. Complaints regarding the rental must be made known to the Lessor, at the time of lease period, within one day after the discovery thereof. Complaints that are not reported to the Lessor within this notification period will not be dealt with.
Article 16 Dispute settlement
1. All disputes between the Consumer and User, arising from the agreements to be entered into or agreements which have been entered into or from further agreements concerning the execution thereof, shall be settled by the court of the district in which the User is located, notwithstanding the User’s competence to summon the Consumer before the competent court, according to the law or applicable international convention.
2. The Consumer has the right, during for one month after the User has appealed in writing to the previous paragraph, to elect to settle the dispute according to the law or the applicable competent international convention.