Below you will find the General Terms and Conditions of Kritinet Travel, 73100 Stavros – Chania – Crete. Please read them carefully as they contain important information for the relationship between you and Kritinet Travel General Terms & Conditions”
1. General Provisions”
1. The Internet-based travel portal kritinet.eu (hereinafter “We”) is operated by the Stavros based Kritinet Travel. We see ourselves as a tourism service provider for customized travel with an emphasis on the premium segment.
2. Our website provides primarily the services of a travel agent, i.e., individual transportation services (e.g., ferry tickets, transfers, etc.) and other individual tourist services (such as hotel stays, car rentals, excursions, etc.) of various tour operators and ferry companies (“Service Providers”). We do provide travel services ourselves.
3. We do not act as a Service Provider (tour operator) until we state and explain to you clearly that we expressly take responsibility for the tourist services offered, while individual components of various main tourist services are combined into a single price.
4. These General Terms and Conditions apply to all services provided by us. They apply in addition to individual contractual agreements and to the exclusion of contrary or deviating terms and conditions that may arise from your person or third parties involved.
5. No later than upon receipt of the services, these General Terms and Conditions (“GTC”) shall be deemed accepted specifically for all registered travellers. You, as the person registering for the trip, agree to indemnify us for any claims that may arise if the individual travellers retroactively deny having accepting the GTC.
2. Bookings Made through our Travel Consultants
1. The contract for travel services is usually not with us, but only with the relevant Service Provider (tour operator), while we act merely as a travel agent. Only in exceptional circumstances within the meaning of Section 1 (3) do we operate independently as a Service Provider and/or operator.
2. Routine scenario: we act as a travel agent
1. The travel contract between the respective Service Provider and you shall be subject to the GTC and other conditions of the Service Provider, which will be handed to you by the time you book the trip or if you request them from our staff. Changes to the Service Provider’s GTC shall also apply exclusively to the direct relationship between the Service Provider and you.
2. Where you contact us by phone, e-mail, fax or other means of communications in connection with our website, you will be given non-binding preliminary information regarding the eligible individual travel services of the different Service Providers in accordance with your individual needs and wishes. After you have specified and identified your specific travel services from such preliminary information, we will prepare for you a travel offer regarding the services in question. With such offer, we invite you to submit a written binding booking order to enter into a contract regarding the respective travel services. If you submit a booking order, we will pass it on immediately to the respective Service Provider and check availability as well as the current pricing. Upon receipt of the written booking – your offer – by us for entering into a contract regarding the respective travel services, a binding order is created for us at the same time to book on your behalf specific travel services from the respective Service Providers.
3. The acceptance of the booking offer by the respective Service Providers is expressed to you through us. You will receive from us an order and/or booking confirmation. The resulting travel contract exists solely between you and the relevant Service Provider. We are not involved in this contract as a party to the travel contract.
4. The scope of the contractual (travel) services, as well as the remuneration arising therefrom, shall be derived from the service specification in conjunction with the travel booking and from information contained in the order confirmation.
5. Our and your rights and obligations shall be derived from the contractual agreements, in the alternative from the statutory provisions regarding agency for consideration under the applicable law, the object of which is the facilitation of tourist services.
3. Exception: We ourselves act as a Service Provider and/or operator in exceptional circumstances within the meaning of Section 1 (3).
1. In specific cases in exceptional circumstances within the meaning of Section 1 (3) where we act as a Service Provider, you will receive from us non-binding preliminary information in accordance with your request. Subsequently, by formally accepting the non-binding offer, you make us a binding offer to enter into a contract for the respective travel services. The acceptance of this offer is given by us. This is not subject to any formal requirements. Typically, after checking availability and the specific individual pricing during the travel period, you will receive from us a booking confirmation.
2. The scope of the contractual (travel) services and the amount of the remuneration arising therefrom shall be derived from the service specification in the offer in connection with the travel booking as well as from the information in the order confirmation. You shall notify us immediately of any discrepancies in the confirmation documents that you receive from us following the booking. Content in the confirmation that deviates from the content of the booking shall constitute a new offer. The contract is created on the basis of such new offer if you accept it by expressly stating your consent.
3. The contract is concluded between you and us directly. The booking is also for all travellers listed in the registration for whose contractual obligation you shall be responsible, as you are responsible for your own obligations, if you have accepted a relevant and separate obligation by way of an express and separate declaration.
3. Contract when Booking Online through the Website”
1. For trips that are characterized as “direct bookings”, you order us to book the featured travel services by completing the information fields and completing the booking process. In this context, we act as an operator or travel agent in accordance with Sections 1 (2) and (3) of these General Terms and Conditions.
2. You shall be bound by the booking order that you submit. Prior to the completion of the booking, you can discontinue the booking process at any time and/or recognize and correct any input errors.
3. To make a booking, it is necessary that the applicant is at legal age in the applicant’s Country/State. A binding contract with persons at minor age is possible only with the prior consent or subsequent approval of the parent or legal guardian.
4. If you place the booking order online via the website, we will pass on the booking orders immediately to the respective Service Providers and check availability as well as the current pricing of the specific trip.
5. Acceptance of the booking offer on the part of the respective Service Providers, vis-à-vis the customer, is realized through us also in connection with online bookings. In the meantime, prior sale and price changes shall be reserved.
6. You will receive order and/or booking confirmations for your trip through us. This is not subject to any formal requirement.
4. Transfer, Cancellation, Change to Booking”
1. General provisions
The agreed travel services shall essentially be binding for you and us, and cannot be modified after conclusion of the contract subject to any special provisions in the travel booking or in these General Terms and Conditions or under the law. If at the start of the trip you transfer it to a third party (“transfer”), withdraw from it (“cancellation”) or request a change to the date, destination or starting point of the trip, as well as to accommodation or mode of transportation (“change to booking”), such request for a change to booking, transfer or cancellation shall be communicated to us immediately in writing. The time period for a transfer, change to booking or cancellation shall be subject to the point of time at which such request is received.
1. If you withdraw from the travel contract, or you do not commence the trip at all, the Service Provider will lose its claim to the price of the trip. Instead, the respective Service Provider can claim compensation for any travel preparations and expenditures already undertaken or incurred, as well as additional costs (cancellation). Please note that the cancellation fee might be up to 100% of the booking price and depends on the individual terms and conditions of the respective service provider.
2. We point out that the Service Providers, at their discretion, can claim the actually incurred additional costs or a lump-sum amount. You are free, as is the replacement person, to prove that no or significantly lower costs have been incurred than those claimed (or claimed under the lump-sum amount).
3. The amount of the compensation claim is set out in Section 4 (5) (b) and (c) as well as Section 4 (6) of these General Terms and Conditions.
4. In connection with a possible cancellation, we urge you to take out travel cancellation insurance. This is not included in the general price of the trip.
3. Change to booking
The agreed travel services such as travel dates, destination and location, accommodation or mode of transportation, etc. can be rendered only through a notice of cancellation of the travel contract together with a new booking at the same time. The provisions regarding cancellation shall apply accordingly. As a rule, this creates the same costs as in the case of a cancellation. We have to charge you the costs in the same amount as would have applied to a cancellation at the time of the booking change. In addition, a new booking is made.
1. The option to provide a substitute traveller is generally not affected by the above terms. However your Service Provider may object to the admission of third party if such third party does not meet the special requirements of the travel or if the participation of such third party contravenes statutory or regulatory provisions.
2. In the case of a transfer, you and the substitute shall have joint and several liability for the costs arising from the transfer as well as the price of the trip.
5. If we act as a travel agent:
1. Our travel consultants will immediately pass on the request for a transfer, change to booking or cancellation to the respective Service Providers and subsequently share with you their response, costs and other terms and conditions.
2. We expressly point out that the costs of a booking change, transfer and cancellation are subject only to the travel contracts and GTC of the respective Service Providers, which are beyond our control and which might also be affected by statutory or regulatory provisions.
3. At any rate, we charge for a cancellation – even if the respective Service Providers do not charge cancellation fees – an administrative fee of €50. For transfers and re-bookings, we charge – independent of the regulations of the respective Service Providers – a processing fee of €100 per traveller.
6. If we act as a Service Provider/operator:
1. You shall be liable to reimburse the additional costs arising from the cancellation, transfer or change to booking.
2. In the case of a cancellation, unless otherwise agreed, and unless we calculate the specific appropriate compensation (we expressly reserve our discretion to choose between a lump-sum amount and a specific amount), the following flat-rate costs shall apply, depending on the type of travel and period between the notice of cancellation and start date of the trip:
The cancellation-fee depends on the respective service provider. We will inform you on the respective fees upon request of termination or at any earlier stage upon request. However the minimum cancellation fee is € 50.00.
3. You are free, as is the replacement person, to prove that no or significantly lower costs have been incurred by us than those claimed (or claimed under the lump-sum amount).
4. We reserve the right, in deviation of the lump-sum amount mentioned in Section 4 (6) of these terms and conditions, to demand a higher, specific compensation, provided that we can prove that we incurred significantly higher costs than the applicable lump-sum amounts. In this case, we are required to quantify and document the required compensation, taking into consideration the cost savings and any other alternative use of the travel services.
5. Cancellation fees shall be paid even if a traveller does not arrive in time at the (air)port or departure location at the times stated in the travel documents, or if the trip is not commenced due to the lack of travel documents, such as passports, which is beyond the control of the Service Provider.
6. If you fail to take advantage of travel services properly offered to you due to an early return home or for other compelling reasons, you shall have no claim to a pro-rated reimbursement of the trip price. However, in such circumstances, we attempt to request from the local Service Providers that the expenditure saved be reimbursed. But you are not entitled to such reimbursement. In connection with a possible premature termination of a trip, we recommend that you to take out travel cancellation insurance.
5. Name Change
1. We expressly point out that a change of name or a name correction for already booked travel services represents a significant cost to us and other Service Providers – especially airlines – which, therefore, must be billed to you. Consequently, when making a booking, make sure to enter your full name as it appears in your personal identification documents (e.g., passport, personal ID, etc.) at the time of the trip.
1. The amount of the remuneration and the terms of payment are derived from the travel booking in conjunction with our booking confirmation. The remuneration for our agency services is already included therein and will not, as a rule, be billed separately.
2. We will bill our fees separately in cases reflected in Section 4 (2) (c) of these General Terms and Conditions.
3. For most bookings, you can pay with Visa, MasterCard, or PayPal. When booking your reservation, please make sure you have sufficient daily spending limits so your credit card company/bank will not block your account. Call the bank ahead of time if you’re making a large payment with your credit card. To make your payment, you have the following options:
Flight bookings require full payment when you make your reservation.
Ferry bookings require full payment when you make your reservation.
Generally, hotel bookings require full payment when you make your reservation.
4. Vacation Packages:
4. In some packages, you can make a deposit on your package and pay off the remainder within a designated time before you start your trip. If available, you’ll see the deposit option on the Trip Summary page. Start booking your Vacation Package.
Activities require full payment when you make your reservation.
2. Where we act as a travel agent, we shall be entitled to demand a deposit and final payment in accordance with the travel and payment terms of the Service Providers for which we act in such capacity, provided that such terms have been agreed by you and the Service Providers effectively and contain legally valid down payment provisions.
3. As a rule, we do not issue a separate confirmation for receipt of payment.
4. You may not raise objections with us due to the passing on of the trip prices to the Service Providers – particularly in connection with warranty claims under the travel contract.
7. Handover of Travel Documents
1. Unless otherwise stated, we provide you with the travel documents two weeks before the start of your trip upon receiving payment for the full price of the trip. Generally, the travel documents will be sent to you by email. If specifically requested, we can provide documents by mail at our discretion. In such cases, you shall bear the risk of delivery by regular mail. If so requested, you can also specify a different delivery; unfortunately, we cannot accept the postage fees for such delivery.
8. Changes to Services and Pricing”
1. Changes to or deviations from individual travel services in terms of the agreed content of the travel contract (e.g., flight schedule changes, changes to the program, hotel changes, etc.) that become necessary after the contract has been entered into and that we have not made contrary to the principle of good faith shall be permitted where the changes or deviations are not substantial and do not affect the overall arrangement of the booked trip. Any warranty claims shall remain intact where the changed services are defective. We will inform you of changes to or deviations from services in due time.
2. In the event of a major change to an essential service, you shall be entitled to withdraw from the contract at no charge to you or to demand participation in an equivalent trip if we can arrange for such trip from our existing offerings without any additional cost to you. You shall assert any of your rights against us immediately upon notice regarding changes to the travel services or cancellation of the trip.
3. You are reminded that the individual Service Providers might be entitled to increase the price of the trip after entering into the travel contract if this is related to an increase in transportation costs, fees or charges for specific services such as port or airport fees or related to a change in the foreign exchange rates that apply to the trip in question.
4. We have no control over price or rate changes affecting the travel services of other Service Providers. Where they have been effectively agreed with the Service Provider, we may claim the difference from you.
9. Termination for behavioral reasons
1. We may withdraw from the travel contract, or, following commencement of the trip, terminate the travel contract without notice, if the traveller causes lasting interference with the performance of the trip despite a warning or where the traveller conducts himself in a manner contrary to the contract to such extent that the immediate termination of the contract is justified. If we terminate the contract in such event, we reserve the right to claim the price of the trip. In such event, we only need to accept credit for the value of the cost savings and the benefits that we obtain from an alternative use of the unclaimed services, including any amounts refunded by the Service Providers.
10. Right of Refusal
1. We reserve the right to reject any booking/placement orders without giving reasons, in particular
– if the customer is not creditworthy
– for customers whose credit rating upon presentation of a credit card cannot be guaranteed.
1. Independent of the method of payment, upon receipt of the confirmation of payment, you shall examine its accuracy and completeness thoroughly. Discrepancies shall be reported to us immediately and in writing. Failing that, it eliminates the right to withdraw from the contract due to a non-reported discrepancy if you were specifically informed thereof in the booking confirmation.
2. You shall immediately examine the completeness, accuracy and, in particular, compliance with the booking and placement order of the booking confirmations of any Service Provider, airline tickets, hotel and rental car vouchers, visas, insurance certificates and other travel documents handed to you.
3. You shall notify us of any discrepancies and report defects in writing immediately. Otherwise, the travel documents will be deemed valid even in the event of apparent defects. The same shall apply, upon expiration of a period of 30 days following receipt, to non-apparent defects where you were specifically informed thereof at the time of the delivery.
4. Where we act as a travel agent, defects in the intermediary services shall be notified to us immediately. Where reasonable, we shall be granted an opportunity to remedy such defects. If defects were not reported due to negligence, any of your claims arising from the agency contract shall be void where we would have been able to remedy such defects and where such remedy would have been reasonable for us.
1. We act as a travel agent:
1. We accept responsibility only for our own agency services, but not for the travel services of the respective Service Providers.
2. The service information on our website and in promotional materials does not constitute a guaranteed quality or characteristic. Information on individual travel services of the Service Providers facilitated by us are based solely on the information that they provide to us. We guarantee neither the completeness, accuracy, nor timeliness of the information.
3. As for instructions and information, we shall only be liable under the contractual arrangements with you, in the alternative pursuant to the statutory provisions, for the proper selection of the sources of information and the correct disclosure to you of any information obtained.
4. We expressly point out that you can protect any warranty rights against the respective Service Providers (price reduction, compensation and reimbursement of expenses) by reporting immediately to the respective Service Provider any defects in the travel services that would be recognized as such by the Service Provider and to assert your claim against the Service Provider within 30 days of completing the trip. If so requested, we will receive your complaint and forward it to the Service Provider on your behalf.
2. We act as a Service Provider
1. In specific cases where we act as a Service Provider and where travel is not provided as stipulated under the contract, you can demand redress from us – should individual travel services not be in accordance with the contract. In the event, you shall grant us a reasonable period of time, as measured against the existing defects.
2. Without prejudice to our primary obligation to remedy the situation, this requires your participation. You are obliged to do everything reasonable to help remedy the problem and limit any resulting damage to a minimum or avoid any damage entirely. In particular, you shall report your grievance immediately. We receive notices of defects and requests for remedy directly.
Phone: (+30) 28210 39668
The answering machine of our company is monitored regularly, of course. Please leave a phone number where we can reach you. We will get back to you to assist you and remove the defects as soon as possible.
3. You are expressly advised that local Service Providers are not allowed to recognize claims or make decisions concerning reimbursement on our behalf. Please always contact us directly.
4. Remedial action is taken where this is possible and necessary, and does not require a disproportionate effort, to rectify the defect or procure an equivalent replacement. For the period of non-conforming travel services, you might be entitled to claim a price reduction. You are cautioned that this does not apply where the traveller culpably neglects to give notice of the defect during the trip.
5. If a trip is substantially compromised, and if the Service Provider fails to remedy the situation within a reasonable period of time, the traveller may terminate the travel contract in accordance with the statutory provisions.
6. We recommend that damage or delivery delays in connection with air travel be reported to the airline company on site immediately by means of a notice of damage. Airlines usually refuse refunds if such notice was not completed. Furthermore, the loss, damage or misdirection of luggage shall be reported immediately to the local representative or to us.
7. You are cautioned that claims due to non-conforming provision of travel services shall be raised immediately and asserted against us within one month of completing the trip in order to secure any warranty rights.
8. Exclusion of claims
You may direct to us claims for non-conforming provision of travel within 30 days after the contractual end of the trip at the address: Kritinet. doing business on Crete as Kritinet Travel, 73100 Stavros – Chania – Crete. Please note that shorter deadlines might apply in particular to the registration of luggage damage or luggage delivery delays in connection with flights, but also to other travel services due to the applicable contractual or legal requirements.
13. Liability of Kritinet Travel
1. General provisions
1. We shall be liable only for our own intent and gross negligence.
2. As for minor negligence, we shall only be liable for the breach of a contractual obligation (“cardinal obligation”), if and as far as statutory or regulatory provisions do not provide for further obligations.
3. For air travel & Ferries, as a result of various factors, there may be short-notice changes in the routing, flight (boat) times and airlines (Ferry companies); there may also be connecting requirements. Liability on the part of us shall be excluded.
4. The liability of us for compensation for damage other than physical injury is in any case limited in terms of the sum total to the maximum amount of three times the price of the affected individual travel service.
5. The maximum amount of liability applies per traveller and per trip.
6. The above provisions shall apply accordingly if the damages or breach of duty have been caused by legal representatives or vicarious agents or by Service Providers facilitated by us.
2. We act as a travel agent
We undertake to provide our own consulting and brokerage services, the booking process, collection and submission of travel documents with the diligence of a prudent business entity.
3. We act as a Service Provider
1. Participation in sports and leisure activities is your own responsibility. You should always check sports equipment, devices and vehicles before use. For accidents that occur during sporting events and other holiday activities, we shall not be liable. We suggest in this context that you obtain insurance to cover repatriation costs in case of accident or illness or death.
2. Liability exclusion for external services:
We are not liable for incomplete performance, personal injury and property damage in connection with services that are facilitated as external services (for example, excursions, sporting events, theatre performances, exhibitions, transport services to and from the advertised departure and destination points).
14. Liability of the Customer
1. The applicant, through the conclusion of the agency or, in some cases, travel contract enters into a contract with us and is liable for the total price of the trip.
2. If you fail in your obligation to inform us immediately of any deviations, missing documents or other discrepancies in relation to the travel documents handed to you, the resulting damage arising for you shall be attributable to you.
15. Claims for Loss of Income, Reimbursement of Expenses”
1. Claims for loss of income shall be excluded.
2. Reimbursement of expenses shall be subject to Sections 12 and 13 of these terms and conditions.
16. Force Majeure
1. The travel contract might be terminated due to force majeure (e.g., civil unrest, war, political instability, natural disasters, etc.). Pursuant to this, you, as well as the respective tour operator, may cancel the travel contract, if the trip is rendered more difficult, jeopardized or impaired due to force majeure unforeseen at the time the contract was entered into.
2. Where the contract is terminated by the tour operator due to force majeure only after the start of the trip, the respective Service Provider shall take the required measures, especially, if necessary, repatriation of the travellers. In cases where we act as a Service Provider, the parties shall share equally the additional cost for such repatriation. Other additional costs shall be borne by the traveller himself. In cases where we act merely as a travel agent, we refer to the terms and conditions of the relevant Service Provider in the current version in effect from time to time.
17. Identity of Operating Air Carriers / Blacklist
1. Due to the EU regulation on informing air passengers about the identity of the operating air carrier, we might be obligated to provide you with the identity of the airline and all air transportation services to be performed as part of the booked trip at the time the booking is made. If the operating air carrier is not yet determined at the time of booking, we shall identify the air carrier or air carriers likely to operate the flight. Once we know which airline will operate the flight, you will be informed accordingly. If the initially identified operating air carrier is changed, we will inform you immediately. The so-called “blacklist” is available online, for example, at http://air-ban.europa.eu.
18. Community-Derived Website Content
1. You are cautioned that some of the content of our website is derived from user feedback. Thus, the site includes customer ratings, as well as uploaded images, videos or travel reports.
2. All contributions (articles, reviews, photos, videos, etc.) that are marked as community-derived on our site were made by third parties exclusively. You are cautioned that the given ratings or the uploaded photos, etc., only reflect the opinion of the respective user – completely free of any influence exerted by us – and do not necessarily reflect our opinion. Holiday photos and/or videos are snapshots.
3. It should be noted that a considerable amount of time may have passed since the date of the review of the respective product. Then, for example, it should be considered that the local circumstances may have changed.
4. Furthermore, the quality of the contents may also depend on how many reviews have been submitted in relation to the respective product already. An individual review, a single image and/or video or a single trip report cannot give a complete picture.
5. The reviews are always subjective, which means that they are dependent on the age, gender and personality of the user as well as on what the user’s purpose of the trip was (whether, for example, he travelled as a couple, as a family or a single). The user’s nationality, too, as well as his previous travel experience and knowledge of countries can influence his personal assessment. It should not be overlooked either that every vacationer has different needs and expectations with respect to the trip, hotel, the country, etc.
6. All community-derived contributions should be used by visitors to our site only for the purpose of obtaining an unbiased, comprehensive and objective idea, as much as this is possible. The use of community-derived content is at your own risk.
7. Utilization of community-generated information does not constitute consultation. We assume no responsibility for the accuracy, completeness, timeliness or other quality of the contributions submitted. The community-derived travel accounts do not form part of the contract between you and us.
19. Statute of Limitations
1. Claims pertaining to injury to life, limb or body caused by the willful or negligent breach of obligations by us or our legal representatives or vicarious agents shall expire within the at latest after two years, if applicable statutory requirements do not provide for a longer period. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty of us or our legal representatives or vicarious agents. All other claims shall expire in one year, if applicable statutory requirements do not provide for a longer period.
2. The limitation period begins on the date on which the trip was to be completed under the contract.
20. Prohibition of Assignment
1. Any assignment of claims of the customer against us shall be excluded. The enforcement of customer’s claims against us by a third party on its own behalf through a court of law shall also be prohibited.
21. Passports, Visas, Currency and Health Regulations
1. The procurement of passports, visas and health documents, as well as compliance with the relevant provisions and applicable regulations regarding foreign currencies, import and export shall generally be solely your responsibility.
2. Upon conclusion of a travel contract with a Service Provider, we will inform you of passport and visa requirements, including the deadlines for obtaining such documents that are required for your stay. Where a different nationality is not recognizable, we assume that you and the other travellers are American citizens, and that there are no peculiarities with respect to your person and any other persons traveling with you (e.g., dual citizenship, statelessness). You shall have an express obligation to inform us if you are not an American citizen. Since customers who are not American citizens must frequently comply with special passport, visa, customs and health regulations, it is up to the customer to obtain relevant information from the appropriate consulates.
3. You shall be solely responsible for the quality and availability of the necessary travel documents, any required vaccinations and compliance with customs and foreign currency regulations. Disadvantages arising from non-compliance with such regulations, e.g., payment of cancellation fees, shall be your responsibility.
4. Neither we, nor the respective Service Provider, shall be liable for the timely issuance and receipt of necessary visas on the part of the respective diplomatic mission if you commissioned it or us with the task of obtaining such visas.
5. You are expressly reminded that the timely receipt of visas, etc. from the competent offices is not in our area of influence.
6. You should inform yourself in a timely manner about any infection prevention and vaccination as well as other prophylactic measures. At any rate, it is recommended that prior to starting a trip, you should consult relevant and specific publications, particularly as vaccination regulations and recommendations are subject to continuous changes. In addition, it is recommended that you consult early on with a physician, information services specializing in travel medicine, health authorities and/or an institute of tropical medicine. For your own safety, you are recommended to contact, in time prior to commencing the trip, the State Department of the United States to obtain detailed information on the security situation and rules of conduct in the relevant destination and/or transit countries.
7. We shall not be liable for damages resulting from your failure to comply with the aforementioned regulations and to obtain documents and information in a timely manner.
22. Final Provisions
1. The requirement of written form under these GTC and individual contracts based thereupon shall be deemed met also by communications by fax and simple e-mail.
2. We reserve the right to amend these GTC unilaterally. Such amended GTC shall take effect if we have notified you thereof in writing and you have not objected thereto in writing within a week.
3. If some provisions of these General Terms and Conditions should be invalid, this shall in no way affect the validity of the entire contract and its provisions.
4. These General Terms and Conditions are subject to the laws of Delaware. Existing contractual relationships shall be governed solely by Delaware law.
5. You can bring legal action against us only in a court of law with jurisdiction for Crete.
6. The above provisions shall not apply if and to the extent that contractually mandatory provisions contained in international agreements or treaties applicable to the travel contract make different determinations in favor of the customer, or if and to the extent that mandatory provisions applicable to the travel contract in the country to which the customer belongs are more favourable for the customer than the aforementioned provisions.
(Last update: February 2020)
Terms & Conditions Landrover Adventure”
1. To Secure Your Booking
To secure a booking we require a completed booking form and the necessary deposit or full payment before the activity or tour starts. Clients booking by telephone, on the website, or by e-mail will be deemed to have signed the Declaration on the booking form and agreed to the following conditions:
They have read and accepted our Booking Conditions and general information pages contained on our website.
They appreciate, on behalf of all the people included in their booking, the risks involved in adventure activities.
They or anyone else on their booking does not suffer (or has ever suffered) from any pre-existing medical condition which may prevent them from actively participating in the tour.
The person signing, or being deemed to sign, the attached booking form (which incorporates these terms) warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions. A booking is accepted and becomes definite only from the date when we send a confirmation email.
2. Payment of the Tours and Activities
The balance of all moneys due, including any surcharges, must be paid to Kritinet Travel not later than a day before departure for the group participation tours, and 15 days before for all the private and corporate events. In the case of non-payment of the balance by the due date Kritinet Travel may treat the booking as cancelled by the client. Moneys paid acting on behalf of Kritinet Travel for tours operated by Kritinet Travel, or Co-operators are held for the client until the client receives written confirmation of the acceptance of a booking. Thereafter, these and any other moneys are held by Kritinet Travel.
3. If You Cancel Your Booking
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written notification is received by Kritinet Travel or their agent as a percentage of the total tour price, as shown plus any surcharges, or the non-refundable deposit, whichever is greater:
15 and more days before departure – retention of deposit
14-3 days before departure – 50%
Less than 2 days before departure – 100%
4. Travel and Cancelation Insurance
Clients are responsible for effecting sufficient personal travel insurance. Travel insurance is mandatory for all clients whilst on a tour organized by Kritinet Travel. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance and ensuring that they are in possession of private Travel Insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate benefits. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities included in their tour. Whether clients choose to obtain Travel Insurance through Kritinet Travel, Kritinet Travel’s agent or through their own independent arrangements, the clients must satisfy themselves that any such insurance is what they require and clients should arrange supplementary insurance if need be.
5. Liability Insurance
Limited insurance is held by the operator. The client acknowledges and accepts that there may be no policy covering the Company’s liability to its clients for death, injury, damage or loss occurring anywhere in the world. The client also specifically acknowledges that with respect to passenger accident liability cover this cover may be very limited or may not exist at all. The client acknowledges that Kritinet Travel has taken reasonable steps in safeguarding its liability. Although Kritinet Travel & it’s co-operators do hold various insurances this booking condition states that the client must assume he/she is not covered by any insurance policy, including all liability insurance, for death, injury, damage or any other loss.
6. Tour and Activity Participation
Clients agree to accept the authority and decisions of the Company’s employees, tour leaders and agents whilst on tour with the Company. If in the opinion of such persons the health, level of fitness or conduct of a client at any time before or after departure appears likely to endanger the safe, comfortable or happy progress of a tour the client may be excluded from all or part of the tour without refund or recompense. In the case of ill health the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act the client may be excluded from the tour and the Company shall cease to have responsibility to/for them. If you are affected by a condition, medical or otherwise, that might affect you or affect other people’s enjoyment or active participation of the tour, you must advise us at the time of booking. No refund will be given for any unused services.
7. If we Change Your Tour or Activity
While Kritinet Travel will use its best endeavours to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by Kritinet Travel. We reserve the right to change any of the facilities, services described on the website before a booking is made. If a major change is known to us, the client will be told at the time of booking, otherwise Kritinet Travel will inform the client as soon as reasonably possible if there is time before departure. The definition of a major change will depend on the individual tour and circumstances. When a major change is made the client will have the choice of accepting the change of arrangements, purchasing an alternative tour or cancelling the tour and obtaining a full refund.
8. If we Cancel Your Tour or Activity
Kritinet Travel reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 15 days before departure except in case of force majeure, consolidation or the client’s failure to pay the final balance. Unless the client fails to pay the final balance, Kritinet Travel, upon cancellation, will return all monies paid, vaccinations or associated costs, or offer an alternative tour. Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flights by an airline, coast guard limitations or other similar events beyond the control of Kritinet Travel. Consolidation refers to the fact that each tour is dependent upon a minimum number of persons participating. Kritinet Travel is not liable for any penalty charges associated with connecting air fares, in the event of a change to a tour departure time, date or cancellation.
9. Our Responsibility for Your Tour and Activity
Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure activities and that they undertake the tours, treks or expeditions featured in our programs at their own volition. Due to political and cultural differences, as well as generally tougher physical conditions, travel to many areas of the world involves risks other than those we take in our daily lives. Kritinet Travel and the tour operators work with place extreme importance on the safety of clients. It is important, however, that clients realize that they are responsible for making themselves aware (through State Department advisories, Government Tourist Offices and other sources of information) of the risks involved, and are responsible for making their decisions accordingly. No refund will be made for any unused services which are included in the price. Kritinet Travel shall not be liable for any delays, deviations or missions from any tour caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences there to. Kritinet Travel shall not be liable to compensate clients for associated expenses incurred as a result of their booking. Kritinet Travel only acts as an activity based company for the owners, contractors, suppliers of transportation and local operators/agents, and/or other related travel services provided and assumes no liability or responsibility for additional expenses howsoever caused arising directly or indirectly from the actions or omissions of such independent parties, accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc, over which it has no control. Arrangements so made by Kritinet Travel will be subject to any special terms imposed by the supplier of these services. Kritinet Travel accepts no liability for any action or activity undertaken by the client arranged independently of Kritinet Travel while on tour. Kritinet Travel accepts no liability for any circumstance arising pursuant to the agreement constituted by acceptance of these conditions by the client save:
where such circumstance derives directly from a failure by Kritinet Travel to use due diligence in the selection of persons for whom it acts as agent.
or for negligence on the part of its employees causing death or personal injury.
or to the extent of recovery by the client under the insurance cover effected pursuant to these conditions.
Issue date: October 2020