Terms of Use

Terms of Use 

Introduction
The terms and conditions set out below (“Conditions”) apply to your use of this web site and related websites (“Site”), including the use of the information services offered on the Site.
In accessing, viewing and using the Site, you are deemed to have read and agreed to be bound by these Conditions so please carefully read this section before proceeding.
If you do not accept and agree to all of these terms and Conditions, you must refrain from using the Site. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices without variation.
These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

1. Site
The Site makes available information relating to hotels and resorts owned or managed by “Elounda S.A.” a corporation constituted under the laws of Greece, and its subsidiaries, controlled entities, affiliates and related parties (“ Elounda S.A.”).

2. Trademarks

The Site contains “Elounda S.A.” trade and service marks and devices (including the word “Elounda S.A.”) and other valuable trade or service marks owned and used by “Elounda S.A.” or licensed to “Elounda S.A.” to distinguish its services and products. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws. You may not reproduce copy or otherwise use these Marks without the express prior written consent of “Elounda S.A.”. The following are some of the trademarks owned by “Elounda S.A.”: Elounda Riviera Hotels and Resorts, Elounda Mare Hotels, Elounda Golf Club, Elounda Golf, Elounda Mare Luxury Hotels and Resorts, Porto E Mare Elounda Hotels & Resorts, The Peninsula at porto Elounda de luxe resort, Childr n’s Arc, elounda peninsula ALL SUITE HOTEL, porto Elounda DE LUXE RESORT, porto elounda, calypso restaurant at elounda peninsula, deck restaurant at elounda mare, elies at porto elounda de luxe resort, nafsika restaurant at porto elounda de luxe resort, odysseus tavern at porto elounda de luxe resort, serene’s bar at elounda peninsula.

Without limitation, you must not use any of the said trade or service marks:

  • in or as the whole or part of your own trademarks;
  • in connection with activities, products or services which are not undertaken or provided by “Elounda S.A.”;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages “Elounda S.A.” or its information, products or services (including this Site).


3. Copyright – Proprietary rights

The information, text, data, graphics, images, photographs, video, sounds, music, links, patents, technologies, products, processes and all other information, software or other material published or otherwise contained in the Site (“Information”) are either owned exclusively by “Elounda S.A.” or licensed by “Elounda S.A.” and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of “Elounda S.A.”. Without limitation you may not, without such approval from “Elounda S.A.”, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party.

4. Personal and noncommercial use limitation
This Web site is for your personal non commercial use and the Information may be downloaded or printed by you solely for that purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, digital assets, software, products or services found on, or obtained from, this Web site. As condition of your use of this Web site, you warrant to “Elounda S.A.” that you will not use this Web site for any purpose that is unlawful or prohibited by these Conditions.

5. Information
You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Web Site (refer Condition 8) is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site.
Whilst “Elounda S.A.” seeks to ensure that the Information is reliable and accurate, errors and/or omissions may sometimes occur and therefore, to the extent permitted by law, “Elounda S.A.” does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, completeness, non infringement of intellectual property rights or fitness for any particular purpose or freedom from computer viruses or other corrupting or destructive codes or macros.
In particular “Elounda S.A.” does not warrant that:
the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.
“Elounda S.A.” is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
“Elounda S.A.” may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.
“Elounda S.A.” does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, “Elounda S.A.” may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.

6. Liability Disclaimer & Exclusion
In no event shall “Elounda S.A.” or its subsidiaries or affiliates be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
your use of the Site or any Linked Web Site; or
your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site;
including without limitation, loss or damage by way of loss of profits or date, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of “Elounda S.A.” under, any such warranty, term or condition, then the liability of “Elounda S.A.” shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:
if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.


7. Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, “Elounda S.A.” does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.
“Elounda S.A.” does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to “Elounda S.A.” is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of “Elounda S.A.” or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any “Elounda S.A.” system, data or information.

8. Links to third-party websites
The Site may contain and provide links to other web sites ("Linked Web Sites"), not operated by “Elounda S.A.”. Those links are provided for convenience only and may not remain current or be maintained.
You acknowledge and agree that “Elounda S.A.” does not have any control over the content or availability of Linked Web Sites and accept no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.
Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by “Elounda S.A.” of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary.
We advise you to check the privacy policies of Linked Web Sites before disclosing any personal information. In any event, please note that these sites do not share your personal information with us.

9. Hotel Reservations

The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Web site under your name or account.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by “Elounda S.A.”.
No contract will subsist between you and “Elounda S.A.” or any of its affiliates in respect of any services or products offered through the Site unless and until “Elounda S.A.” accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by “Elounda S.A.” on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. “Elounda S.A.” reserves the right to obtain validation of your credit card details before providing you with any services or products.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes.

10. Termination of Access
If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you.
Otherwise access to the Site may be terminated at any time by “Elounda S.A.” without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of “Elounda S.A.” will nevertheless survive any such termination.

11. General
“Elounda S.A.” does not accept any liability for any failure by “Elounda S.A.” to comply with these Conditions where such failure is due to circumstances or cause beyond its reasonable control (“force majeure”)..
If “Elounda S.A.” waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are invalid, unenforceable, void or illegal for any reason, the remaining Conditions shall nevertheless continue in full force and effect.
You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and “Elounda S.A.” as a result of this Web site.
Any rights not expressly granted herein are reserved.

12. Changes

“Elounda S.A.” may at any time in its sole discretion modify the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification.

13. Governing Law & Jurisdiction
These Conditions are governed by the laws in force in Greece. Any disputes arising out of or relating to this Website shall be governed by and construed in accordance with the laws of Greece and you shall agree to submit to the exclusive jurisdiction of the courts of Greece.
14. Return to Site
To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions.
 

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