TERMS OF USE
OBJECT OF THE WEBSITE
This website, http://travel.viva.gr, hereinafter referred to as “Website”, has been created and constiyute property of the company under the name “VIVA Electronic Services Single Person Limited Liability Company” which has been established and operates under the laws of Greece, seated at Maroussi Attikis, 2nd Kapodistriou Av. with Tax Registration Number 998988329/ Maroussi Taxation Office and Touristic Corporations Registration Number: 0206Ε61000304001 Tourist Agent License of the Hellenic Tourist Organization (hereinafter: “EOT”), legally represented by Mr. Charalambos Karonis, hereinafter referred to as “VIVA”.
VIVA is the sole owner, otherwise licensee, of the content uploaded on the Website, having secured the necessary licenses for the use of this content and information.
The Website has been developed and operates with the purpose for VIVA to provide to Website users the opportunity to collect information related to tourist goods, such as transportation and accommodation services available around the world, the availability of tickets, beds or/and vehicles, to book on line the same as well as to purchase goods provided by Third Party touristic service Providers provide.
VIVA acts solely as an intermediary for the reservation/ booking of touristic services which are presented and facilitated through the Website and are provided by several competent third parties acting as intermediary of services or service providers, hereinafter referred to as “Third Party Provider”, which services and goods are promoted and announced through the Website and in accordance with the terms and conditions that each Third Party Provider, set and communicates to the users.
NOTIFICATION AND ACCEPTANCE OF GENERAL TERMS OF USE
• Access to or/and use of the information, services provided by VIVA and goods provided by Third Party Providers through the Website requires knowledge and acceptance of these terms as well as any terms set and communicated by the Third Party Providers to the public regarding the touristic goods that they provide.
• During the access procedure to the Website and the use of the services provided it is required that users should read carefully, understand and accept these terms as a prerequisite for the provision of any services.
• VIVA reserves the right to modify these terms unilaterally without any prior notification to the users. Every modified version of these terms is published on the Website. Therefore, all users prior to the receipt of any service are required to be informed about the updated version of the terms and to accept any modification thereof.
• Users are required to take all necessary actions in order to be informed about the terms and conditions applied to the provision of the touristic goods provided by the Third Party Providers, which are promoted and/or provided through the Website. All users should acknowledge and accept these terms and conditions via a specific procedure and the relevant conditions set by each Third Party Provider. VIVA shall not be responsible to secure acceptance of those terms through the Website.
• If, for any reason whatsoever, any user does not agree or accept one or more of these terms or of the terms set by any Third Party Provider, such user should abstain from the use of the Website and the relevant services and goods, otherwise the all terms are presumed as unconditionally accepted by the said user.
• For the avoidance of any misinterpretation in case of non acceptance of any of these terms or any term set by any Third Party Provider by any user, that user may not be able to access the Website and or purchase the goods desired.
CONDITIONS OF ACCESS AND USE
• The services provided by VIVA are performed electronically and through the Website. Users’ access to the Internet is required.
• Apart from electronic access to and procurement of the services, reservations may also be concluded over the phone. The cost of telephone reservation service provided by VIVA is defined in the relevant pricelist which is uploaded on the Website. These terms apply also to reservations made via the telephone reservation service.
• Users of the services provided through the Website must be at least eighteen (18) years old , legally capable of performing legal acts and in case they act as third party representative, to be duly authorized.
• For the successful completion of the procurement of services through the Website, users may be required to notify and VIVA may collect and process information concerning the user which may constitute personal data. Each user of the Website consents to the collection, use and process of the personal data required for the procurement of the services and its forwarding to Third Party Providers under the terms and conditions defined under “PROTECTION OF PERSONAL DATA”. If any user does not wish the collection, use, processing and/ or forwarding of his personal data according to the terms entailed herein, such user should stop and abstain from the use of the services, otherwise it is presumed that this user unconditionally accepts the terms.
RESERVATION SERVICE – COMPLETION OF TRANSACTION
• For the majority of the services procured through the Website, users may book the service available through the Website subject to a specific order provided by the relevant user to VIVA. The reservation order is binding for the user, who should pay the cost of the service reserved unless it is provided otherwise according to cancelation policy applicable to that service.
• Following the reservation procedure as developed and announced in the Website, each user provides VIVA with an order to act as an intermediary for the procurement of the chosen touristic goods by the relevant Third Party Provider.
• Reservation is confirmed by the Third Party Provider and VIVA undertakes to notify the user/principal for the said confirmation.
• The transaction concerning both the reservation and the procurement of the chosen good is completed between the user and the Third Party Provider, who finally provides the good. Each user is responsible and should make all reasonable acts to be informed about and unconditionally accept the terms that each Third Provider sets with regard to the procurement of the good selected undertaking the relevant responsibility. VIVA shall not be responsible for the users information, acceptance of the terms of any Third Party Providers and/or the operation of the website of any such Third Party Provider.
• In the event that the standards of the any touristic good booked by a user are modified, VIVA will use all reasonable endeavors to communicate with that user the said modification, under the condition that VIVA has also received the relevant notification by the Third Party Provider promptly.
COMMUNICATION
• The communication, including any kind of information required in accordance with these terms, between VIVA and the users of the Website is performed mainly through electronic means and specifically via the electronic address that the user has communicated to VIVA for this purpose
• Each user should notify VIVA the required true and accurate contact details and personal data, including a valid e-mail address, which he is legitimately authorized to use.
• Each user may communicate with VIVA electronically using the electronic address support@viva.gr or via telephone calling the Customer Service at 13855 and 211 7700 000.
• Users may communicate with Third Party Providers according to the terms and conditions set by these Third Party Providers.
• The notification of inaccurate and/or false information or contact details may lead to inability and/ or refusal to deliver and/ or perform the service/ good selected and/or exclusion of the specific user from the use of the Website and/or the services provided by VIVA and/or Third Party Providers. If such is the case, user may also be held responsible for the payment of the relevant good or service, without prejudice for further responsibility of the use for compensation.
• The users accept and consent to the notification and forwarding of their personal contact details by VIVA to Third Party Providers and to any natural person and legal entity on a ‘need to know’ basis for the completion of the procurement of the goods purchased by the user, in accordance to the provisions of article the “PROTECTION OF PERSONAL DATA” herein.
• In case of infringement of these terms, VIVA reserves the right to reject any reservation made notifying the user accordingly.
PRICE LIST – METHOD OF PAYMENT
• The prices announced on the Website in relation to each good provided includes the total consideration for the specific good, the relevant taxes and levies as well as any VIVA fees for the services provided through the Website, effective at the time of completion of the reservation, otherwise at the time of the completion of the transaction, unless otherwise stipulated at the Website. In case the user uses the telephone reservation service, the user will be informed about the relevant cost which is on the top of fees announced on the Website, before the reservation is confirmed and the relevant charge will be effected if only it is accepted.
• The cost of each good provided through the Website is defined by the relevant Third Party Provider and is announced along with any taxes imposed and the relevant fees of VIVA. VIVA is not responsible for the setting of these prices and any modification whatsoever. .
• Any modification of the above mentioned prices announced on the Website may be modified by VIVA even after the completion of the reservation procedure, provided that the Third Party Provider who set the specific price modifies it and notifies VIVA accordingly. In any case any modification of the prices made after confirmation of the reservation is concluded exceptionally and mainly due to potential increase on the imposed taxes, fees and/or freights.
• The price of every good is paid according to the procedure announced in the Website. Usually payment is made by credit card of the types notified through the Website.
• In case of purchase of ship or airplane tickets, the data of the owner of the credit card are automatically forwarded to the Financial Institution that concludes the transaction of the credit card. In cases of reservation of accommodation or vehicle rentals, charge is is made solely by the Third Party Provider providing the relevant good.
• In case of reservation, VIVA may use the credit card provided by the user as guarantee for the reservation, reserving the right to take any necessary action for the charge of the specific credit card with any cancellation fees of the reservation or with the price for the specific good.
• Users should use a credit card of which they are a legal owner and authorized user. In case that a credit card of a third person is being used, the presentation of a written and specific for this purpose proxy or consent of the legal owner of the said credit card is required.
• VIVA is entitled to require users to provide any personal data and information consider as necessary for the provision and charge of the services (e.g copy of an ID or a Passport and/or the credit card, certificate of home address etc), anytime, in order it to identify the user of the services with the data of the owner of the credit card used and for any other reason deemed necessary by VIVA with regard to the provision of the services. Any documents required to be send by post are sent validly by VIVA to the postal address notified by the user.
CANCELLATION PROCEDURE – REIMBURSEMENT OF MONEY
• Every Third Party Provider set and announces the cancellation procedure or modification of the reservation of the goods provided by the same.
• The user who wishes to cancel or modify his reservation or any good purchased should sent a relevant request as soon as possible to support@viva.gr. If a cancelation or modification possibility is provided according with the terms of the Third Party Provider, the user is being notified accordingly and these terms are applied with respect to any sums to be returned as reimbursement and/ or to be retained as cancellation fee. In addition to any such sums, VIVA may charge a cancellation fee or a fee for the modification of the reservation or the good, as defined at the price list announced on the Website.
• It is highlighted that VIVA’s commission for the completion of the reservation or the procurement of the good is not returned.
PROTECTION OF PERSONAL DATA – CONFIDENTIALITY
• Access to the Website and purchase of the goods promoted therein is subject to notification by the users to VIVA of any information which VIVA considers necessary for successful and safe provision and receipt of the goods requested. The users are obliged to notify VIVA all, true and accurate, information required for the completion of the provision of the services such as name, e-mail address, postal address, telephone number, credit card data, etc. Upon the insertion of the data required, each user unconditionally consents to the collection, use and processing of the personal data notified for the purpose of purchasing the goods requested.
• VIVA collects and keeps records solely of the personal data that each user willingly notifies by inserting any data required in the relevant fields and/or provides answers with regard to specific acts performed by VIVA and to which the users may freely and willingly participate.
• The purpose of the collection, use and processing of the personal data that each user notifies to VIVA, is the provision of the services and the procurement of the goods by such user through the Website.
• Each user upon acceptance of these terms gives an explicit and unconditional consent for the use, maintenance, processing and forwarding of the personal data and details that he notifies to VIVA by VIVA and any Third Party Providers in order to purchase and receive the goods he applied for through the Website.
• VIVA retains the right to use the communication data that every user has notified for the dispatch of information/ promotional messages with regard to the goods and services provided by the same as well as of relevant offers and/or announcements, if the said user has not withdraw its consent accordingly.
• If a user does not wish for his personal data to be used for the dispatch for such kind of notification by VIVA, he should notify VIVA by sending an e-mail message at support@viva.gr using the the e-mail address which he has declared while subscribing, quoting: “I DON’T WISH TO RECEIVE INFORMATION MATERIAL”.
• Any user may request to be informed anytime with regard to his personal data preserved by VIVA, its recipients, the purpose of their processing as well as to request their modification, their correction or deletion, by sending his request electronically from the e-mail address he has declared while subscribed to support@viva.gr , attaching a copy of his ID.
• The collection, maintenance, processing and forwarding of the personal data that the users notify to VIVA through the Website are collected and subject to use and processing in accordance with the laws concerning the protection of personal data and specifically in accordance with the Greek law 2472/1997 and Greek law 3471/2006, as in force.
• VIVA allows access to the users’ personal data only to authorized persons who are required to have access on a ‘need to know basis’. In this scope, VIVA reserves the right to grant authorized access or/and right of use and processing of the personal data to third natural persons or legal entities, to which the execution of the processing has been assigned.
• The protection of users and third parties’ personal data by Third Party Providers is defined in accordance with the relevant terms and conditions set and notified by these Third Party Providers and VIVA bears no responsibility thereof.
• VIVA reserves the right to use the data notified for statistical, promotional, research or/and advertising purposes, notifying such data to third persons e.g. researching legal entities competent for the completion of the said purposes, in such a way as in a manner that the identification or the revealing of the person they refer to is not possible.
DISCLAIMER
• Viva does not warranty the accuracy, reliability and clarity of the information published on the Website, including the prices of the goods, given that this information are provided by third parties, and mainly by Third Party Providers and any confirmation or/and control by VIVA is not feasible. Therefore, VIVA bears no responsibility whatsoever, and reserves the right to perform, without being liable for damages, any correction, updating and/or other modification to the said information, as long as it is required by the provider of the service or upon his consent, even if the correction, updating and/or modification refers to and/ or affects pending reservations.
• VIVA does not warrant nor is responsible with regard to the availability of the goods provided since VIVA announces the specified information to the Website as the same are being notified by each Third Party Provider.
• VIVA does not warrant, nor is responsible for the efficiency, adequacy of the goods that the Third Party Providers provide or for any act or omission of the same with regard to their cooperation with VIVA and/or the provision to the users which may cause claims for compensation for any reason whatsoever. In any case VIVA is not responsible towards the users and and/or any third party for any direct or indirect damages, loss of earnings, loss of revenues, loss of chance, loss or destroy of data and in general for any kind of damages which is due or refers to the access and/or use of the Website and the goods acquired through it.
OPERATING HOURS OF OFFICES – CUSTOMER SERVICE
• VIVA and VIVA Customer Service department operates on a seven (7) day basis (Monday to Sunday) from 8.00 a.m. to 11.00 p.m.
• Telephone transactions and payments at VIVA offices may be performed exclusively during the above mentioned operating hours.
• Any customer’s request (e.g. for the cancellation or modification of a ticket) made outside the specific operating hours in any way (e.g. by means of e-mail or by telephone via audio clip), is considered to have been received on the following day by VIVA.
GENERAL TERMS
• VIVA reserves the right to modify unilaterally these terms.
• Non acceptance of or total or breach of these terms gives VIVA the right to reject the reservation made by the non accepting or breaching user and/or to exclude him from accessing the Website and the goods provided through it.
• These terms and in general the relation between users and VIVA are governed by the laws of Greece. The courts of Athens are exclusively competent for resolving of any relating dispute.