The Eye Has To Travel - Online boeken

TERMS AND CONDITIONS OF THE SERVICES "THE EYE HAS TO TRAVEL"

The following terms and conditions apply to natural and legal persons seeking the rental of a vehicle - campervan (hereinafter and for the sake of brevity referred to as "the Lessees") from the individual enterprise under the name Chariklis Aristeidis of Emmanouil, with GEMI no. 182987909000 and VAT no. 146836832, based in Glyfada, 13 Poseidonos, 16674 (hereinafter and for the sake of brevity referred to as "the Enterprise"). The aforementioned parties agree that they accept the relevant terms prior to the payment stage, upon their registration on the platform, and the entirety of these terms, at the payment stage.
The Enterprise, for the purpose of booking services for vehicle rentals (KAD code 79111400), recommends and urges the thorough reading of the following terms so that the Lessees (who together with the Enterprise will hereinafter and for the sake of brevity be referred to as "the Parties"), know their rights and obligations when transacting with it, through the website ("Platform") it provides to them.

A) THE ENTERPRISE

The Enterprise posts the vehicles for rent on the Platform, indicating their features (seats, beds, fuel choice, whether they are automatic or manual, age limit for use, required driving license type, etc.), the delivery - pickup address, some features both regarding their status as campervans, and regarding the accommodation amenities (cruise control, parking camera, kitchen equipment, refrigerator, toilet, TV antenna, etc.) their price / availability (which depends and varies according to bookings) and some optional - extra (paid) amenities (transfer from / to airport, BBQ system, baby seat position, etc.), and guarantees and is bound for the truth / validity of the posted data. This act constitutes an invitation to conclude a Lease Agreement (invitatio ad offerendum).

I) The Enterprise guarantees and is bound that the vehicle to be posted:
a) Meets all safety rules as defined by Greek Legislation and is maintained according to the manufacturer's advice (also regarding the prescribed service) so that it is always in good condition for safe driving.
b) Fully undergoes periodic technical inspections by the Vehicle Technical Inspection Centers (KTEO), as required by Greek Legislation and bears the corresponding Vehicle Technical Inspection Bulletin or the respective official proof document that officially ensures its safe operation but also the minimization of its pollutants, which will be valid to fully cover the rental period.
c) Bears a valid Registration Certificate of the Hellenic Republic from the Directorate of Transport and Communications or from the respective competent body as well as a legal number - license plate.
d) Bears proof of insurance coverage for Civil Liability Bodily injuries to Third Parties per victim, Civil Liability Material Damages to Third Parties per incident, Personal Accident of Driver, Material Damages from Uninsured Vehicle by an insurance company legally operating in the Greek territory. The provided insurance coverage is valid provided that the Leased Vehicle is used in absolute agreement with the terms and provisions of the present as well as the terms of the insurance company. Some of the above insurance risks are subject to a deductible per case, and the Lessee is entitled, upon their request to the Enterprise, to be informed about all the above. In case of use not in accordance with the above, non-coverage by the insurance policy or in the case of the deductible and up to the amount thereof, the Lessee is fully and exclusively responsible for the restoration of any damage that may have occurred and has absolutely no claim against the Enterprise. The beneficiary of the insurance amount in case of occurrence of the above risks is the Enterprise.
e) Has all the necessary fluids in the appropriate quantities that are necessary for the smooth operation of the vehicle and has not suffered wear or damage that makes its operation unsafe.

II) The above-mentioned conditions are met both during the initial posting and during the posting of a vehicle on the Platform, and in the event that for any reason this ceases, the Enterprise will withdraw the relevant vehicle without delay from the Platform and will cancel any existing leases.

III) By posting a vehicle on the Platform, the Lessor further promises that the features indicated or depicted on the Platform and its description or depiction correspond to what the manufacturer has promised, but bears no responsibility for the manufacturing quality, functionality or adequacy of the vehicle, nor if a feature promised by the manufacturer is missing from the selected type, or if this feature ceased to exist during the rental.

B) TERMS FOR THE LESSEES

In order for a (prospective) Lessee to lease a vehicle posted on the Platform from the Enterprise, they must first register on the Platform, creating a personal account. Upon their registration on the Platform, they must set a username, a password, an email account and a phone number, which they will use for every subsequent access to their account and for the security / secrecy of which, both during registration and subsequently, they themselves bear exclusive responsibility. Following their registration on the Platform, they will search for the posted vehicle of their liking, based on the data declared by the Enterprise, for the period they wish, checking availability and optionally adding some additional (extra) amenity. Upon their selection, the total cost of the lease will be automatically calculated by the Platform and a mandatory cleaning cost will be added, formulating the final due amount, for the needs of the booking. The Enterprise informs the prospective Lessee at this stage of the obligation to pay a security deposit, which must be paid to the Enterprise on the day of receipt of the vehicle and following the inspection carried out by them. They will then send a lease request to the Enterprise, which will constitute an offer to conclude a lease agreement. In the case of legal entities, they register through their legal representative. The aforementioned security deposit refers to cases of damage, destruction and/or loss of the vehicle and its equipment during the trip and will be fully refunded if no such thing is found, upon return, subject to what is stated regarding insurance coverage.

The Lessee is under no circumstances allowed to disclose their username and password to third parties or to allow any third party in any way access to their account on the Platform. The Enterprise reserves the right to access the Lessee's account, in the context of resolving problems regarding the operation of their account and only when this is deemed absolutely necessary or the Lessee consents to it. The Lessee is obliged to take the necessary measures to safeguard their exclusive access to their account (e.g. to regularly modify the password) and to inform the Enterprise immediately in case they become aware or suspect that they have fallen victim to theft of their account details.

I) In order for a (prospective) Lessee to register on the Platform, they must cumulatively: a) be the holder of a legal and valid driving license, legally certified and valid in Greece and the EU, and a valid identity card or passport. Citizens of non-EU countries are required in any case to be holders of a driving license valid both in Greece and in the European Union, otherwise they must be holders of a valid international driving license, legally certified and recognized both in Greece and in the European Union, which they are obliged to present in addition to the valid driving license issued in their country. b) Have exceeded the 25th year of age. c) Not have been convicted of a felony or misdemeanor and to any penalty for theft, embezzlement (common and in service), fraud, extortion, forgery, bribery, oppression, infidelity concerning the service, breach of duty, dangerous driving or driving under the influence of intoxication or narcotic substances. d) Not be under restrictive judicial support (full or partial), under auxiliary judicial support (full or partial) or under both of these situations. e) Not have been excluded or rejected by any insurance carrier / company due to dangerous driving.

II) 1) Upon their registration on the Platform, the (prospective) Lessee promises the cumulative concurrence of the above conditions, and the Enterprise reserves the right to check their concurrence by requesting and receiving the necessary documents and proofs, always under the terms of Greek Legislation, as well as the right to refuse or interrupt without penalty the registration of a prospective Lessee on the Platform. Under no circumstances does the Enterprise bear any responsibility for the actual concurrence of the above conditions. The above (BI and BII1) must be met by anyone driving the vehicle for any reason.
2) The above-mentioned conditions must be met both during the initial registration and during the use of the Platform, and in the event that for any reason this ceases, the Lessee is obliged to refrain from any lease request and to cancel all existing leases, and becomes fully culpable for any damage, contractual or tortious, that might arise from the lack of any of the above conditions.
3) By sending a lease request, the (prospective) Lessee declares that they have a real and not a fictitious / imaginary intention to conclude a specific lease agreement, the individual terms of which (leased vehicle, rent, special terms, etc.) are determined in their majority, by the elements declared in the specific posting that the Enterprise has defined.

C) TERMS FOR THE PARTIES

I) Following the dispatch of a lease request by a registered (prospective) Lessee to the Enterprise for the conclusion of a Lease Agreement, based on the terms pre-determined in their majority that have been set by the Enterprise, already during its posting, the latter has the right within a period of 24 hours to accept the specific request, the expiration of which constitutes a tacit refusal of the prospective Lessee's proposal. In case of acceptance of the request to conclude a lease agreement within the pre-determined deadline, the prospective Lessee is informed via electronic message accordingly and is obliged on their part within a period of 24 hours to proceed with the electronic payment of the total due amount of the lease (rent amount incl. VAT, plus cleaning cost and optional extra amenities), with one of the available payment methods (interbank transfer, debit card, etc.). At the payment stage, the prospective Lessee is obliged to fill in honestly and correctly their personal details, with which they will contract with the Enterprise (name, surname, address, etc.), and guarantees and is bound for the truth / validity of these, and the Enterprise reserves the right to check their accuracy by requesting and receiving the necessary documents and proofs, always under the terms of Greek Legislation, as well as the right to interrupt without penalty the registration of a prospective Lessee on the Platform or to refuse the conclusion of the lease agreement. At this stage, the prospective Lessee agrees and co-accepts the present terms and the policies of the Enterprise. With the timely and proper completion of the payment, which is paid in advance in its entirety at this stage (except for the security deposit as above), the Parties are now bound by a clear and defined Lease Agreement, the individual terms of which are mutually accepted and agreed upon on the one hand a) by the details declared in the Enterprise's posting, b) by the details declared by the Lessee at each stage from their registration on the Platform up to the completion of the payment and c) by the body of the present Terms and Conditions which will constitute an integral part of the Lease Agreement.

II) The Delivery - Pickup and Return documents, which are filled out (fully) upon the delivery and return of the Leased Vehicle respectively, constitute upon their signature, integral annexes of the relevant Lease Agreement, the terms of which (together with the present terms and conditions), apply in full.

III) 1) The Enterprise must deliver the vehicle to the Lessee a) according to the details defined in the Lease Agreement and b) according to what is stated above in par. AI), and is obliged to sign the Delivery - Pickup Annex, filling in the Comments / Remarks and the Graph with the actual condition of the vehicle, for the accuracy and correctness of which it is bound. Similarly, it is obliged to sign upon the expiration of the Lease and the return of the Vehicle by the Lessee, on the relevant Return Form, filling in the Comments / Remarks and the Graph with the actual condition of the vehicle, for the accuracy and correctness of which it is also bound.
2) The Enterprise is entitled to refuse the delivery of the vehicle in case of objective inability to identify the Lessee's details (or a driver designated by them), or in the case of inability to present a valid Driving License as above, or in case the conditions of par. BII2 are not met, or in case the security deposit is not properly paid, or in case an inability (culpable or inculpable) of proper and safe operation of the leased vehicle is reasonably established, or in case the Lessee has not picked up the vehicle within a deadline of 24 hours from the Delivery - Pickup Date and Time, or in case the Lessee (and / or the designated driver) refuses to sign the relevant Delivery - Pickup Annex (subject to the reservation below in term IV6: "there is no true recording of the damages - wear in the relevant Comments / Remarks framework and in the Vehicle Graph in the Delivery - Pickup Annex"). In the above cases, it has the right to denounce and unilaterally terminate the Lease Agreement and to claim compensation for any damage it suffered.

IV) 1) The Lessee of the vehicle is bound that they will fully comply with the Greek Legislation, the Highway Code, the vehicle manufacturer's advice, the Lease Agreement (with any Additional Terms that the Enterprise includes) and the present terms and conditions of the Enterprise's Services and that they will not allow the driving of the vehicle to anyone who has not been designated in the Delivery - Pickup Annex as a driver. Upon receipt of the vehicle, they are obliged to sign the relevant Delivery - Pickup Annex (subject to the reservation below in term IV6: "there is no true recording of the damages - wear in the relevant Comments / Remarks framework and in the Vehicle Graph in the Delivery - Pickup Annex"). Similarly, they are obliged to sign upon the expiration of the lease and the delivery of the vehicle to the Enterprise, the relevant Return Form, while in case there is no true recording of the damages - wear in the relevant Comments / Remarks framework and in the Vehicle Graph in the Return Annex, they must sign with reservation. The Lessee is also bound that they will immediately notify the Enterprise for any fine, seizure, confiscation or penalty for a traffic violation or violation of other laws, orders or rules of any public service provided they concern the vehicle, will take all required measures to prevent the theft of the vehicle (indicatively the doors must be locked and windows closed in case of non-use while the sub-lessee or designated driver must always have the keys etc.), must always have the vehicle under their control and immediately and in writing notify the Enterprise if for any reason they lost control or possession of the vehicle. The Lessee fully acknowledges that the use of the vehicle is prohibited: i) for the transport of persons or things for a fare or for a driving lesson, ii) for participation in speed races, iii) for the transport, pushing, towing or movement of heavy luggage or objects, flammable materials, dirty or foul-smelling objects, drugs, weapons or any other objects, the possession and transport of which is prohibited by the current provisions or may cause any danger to the safety of the vehicle, the passengers in it or third parties, iv) outside Greece without the prior written approval of the Enterprise, v) if the driver of the vehicle is under the influence of alcohol, hallucinogens, drugs, barbiturates or any other substance that affects the driving ability and senses of the driver or in general is in a state of reduced driving ability and perception, vii) to be used as a means for the commission of any kind of criminal acts viii) and in violation of any traffic, customs or any other current provision. Finally, the Lessee is bound that they will take every necessary action to secure the rights of the Enterprise on the vehicle, otherwise being liable for compensation. The designated driver also assumes and proportionately acknowledges the above commitments and prohibitions.

2. The Lessee is obliged to properly pay the security deposit to the Enterprise, to make good use of the leased vehicle, to periodically check its mechanical condition (e.g., engine temperature, adequacy of fluids, etc.), to keep it clean and decent, to immediately inform the Enterprise of any damages and risks to the leased vehicle, while any addition, modification or reformation of the Leased vehicle, any conversion of the use of the Leased vehicle as well as its total or partial sub-lease or in any way with or without consideration concession of the use of the leased vehicle to third parties is expressly prohibited. The Lessee is obliged to proceed with the necessary maintenance - repair (service) should it arise extraordinarily or due to their fault and more generally to any other extraordinary and proper action required for the safe use of it. The designated driver also assumes these obligations proportionately. The Lessee is liable for the restoration of any caused damages or wear of the vehicle beyond normal use, as well as for the restoration of any relevant damage to the Enterprise.
3. The Lessee is fully bound by the Lease Agreement even in the following cases: a) when due to their fault they do not pick up the leased vehicle during the lease period and within the pre-determined schedule from the delivery - pickup location. This case also includes the justified refusal of delivery of the vehicle by the Enterprise according to III)2). b) when due to their fault they do not make actual use of the leased vehicle.
4. The Lessee of the vehicle must under no circumstances be taking medication or facing specific medical conditions that hinder their ability for safe and lawful driving during the use of the vehicle. They must also under no circumstances be under the influence of alcohol or narcotic substances that hinder their ability for safe and lawful driving during the use of the vehicle. The above applies exactly the same for anyone else designated as a driver of the vehicle.
5. The Lessee bears exclusive responsibility for any financial penalties, fines and expenses for the return and delivery of the license plates to the Enterprise (or to a competent third party) as well as expenses for the safekeeping and retrieval of the vehicle from police authorities, administrative penalties, legal and other expenses imposed or that may be imposed on the Enterprise (or on a competent third party) due to violations during the lease of the vehicle by them or the designated driver (not divesting themselves of responsibility for any illegal acts committed by them or another third party even after the return of the vehicle), the required funds for the change or repair of tires or wheels or any financial amount for the restoration of damage to the undercarriage of the vehicle, as well as for the repair of any other damage due to misuse as well as for compensation due to the loss of the vehicle, unless covered by the valid insurance policy, any cost required for the issuance of new keys and replacement of locks due to loss or theft during the use of the vehicle as well as any other charge provided for by the terms hereof and Greek legislation.
6. The Lessee has the right to refuse the receipt of the vehicle in the event that it a) does not meet the conditions of term AII) above, b) does not correspond to the vehicle posted by the Enterprise and c) the Enterprise does not sign the Delivery - Pickup Annex, d) there is no true recording of the damages - wear in the relevant Comments / Remarks framework and in the Vehicle Graph in the Delivery - Pickup Annex. In the above cases, they have the right to denounce and unilaterally terminate the lease agreement, to claim the return of the rent and to demand compensation for any damage they suffered.
7. The Lessee must return the vehicle in the condition they received it (cleanliness - wear and tear, etc.), with the keys and the documents accompanying it, with the fuel in the quantity delivered to them, having collected all their personal belongings, for which upon return the Enterprise bears no responsibility, and always according to what is defined in the Lease Agreement (i.e., on the day, at the time and return location, etc.). In the opposite case and after the expiration of the agreed return time, the Lessee will have the obligation to pay the Enterprise a use compensation for the corresponding time, to pay compensation for any positive and consequential damage of the Enterprise, which is causally linked to the deprivation of use of the vehicle as well as to restore at their own expense and following consultation with the Enterprise, any damage caused to the vehicle during its use, as well as any damage of the Enterprise arising from the improper delivery-return of the vehicle.
8. In the event of an accident or other incident, such as fire, theft, etc., the Lessee is obliged to perform the following without delay: i) provide their details to the involved parties at the time of the incident, and request and receive theirs accordingly, ii) inform the Enterprise by any appropriate means without delay of every relevant matter and detail of the incident, iii) not acknowledge fault, guilt, or any liability regarding third-party claims in any way without prior notification to the Enterprise, iv) collect the details of eyewitnesses by any appropriate means without delay, v) notify the competent police authorities and the Accident Care Service of the vehicle's insurance company by any appropriate means without delay, vi) await their arrival at the scene of the incident as well as the completion of the relevant actions, signing the necessary forms after consultation with the Enterprise, vii) perform every action possible and appropriate to ascertain fault regarding the incident and to provide care for any existing injured persons, viii) forward to the Enterprise by any appropriate means without delay all collected data that exert a material influence on the incident, iix) collect any relevant information from any third party, ix) take photographs by any appropriate means without delay of the accident scene, the involved vehicles, and the damages they bear as a consequence of the incident, as well as any other appropriate evidence (any injured persons, etc.), x) within twenty-four (24) hours, complete and sign a formal declaration of accident/theft and send any documents or information related to the incident to the Enterprise, xi) in case of theft or loss of the vehicle, they are similarly obliged to inform the Enterprise, report the event in writing and without delay to the nearest police authority, obtain a copy of the Incident Report, and return the vehicle keys to the Enterprise.
9. The Enterprise is liable only in case of willful intent or gross negligence. In all other cases, including force majeure, the Enterprise bears no responsibility whatsoever, and no claim can be raised against it.
10. This document constitutes and is recognized exclusively as a lease agreement, and the Lessee acknowledges that they do not acquire any other rights of any nature beyond those specifically included herein.
11. The Lease Agreement between the Parties remains in effect throughout its agreed duration, without prejudice to the provisions of the Cancellation Policy. The early return of the leased vehicle in no way constitutes a unilateral termination. In case of vehicle breakdown due to the Enterprise's fault, the Enterprise must (beyond any other damage) compensate the Lessee for the days they were deprived of the use of the vehicle.
12. The Enterprise reserves the right to modify these Terms and Conditions of its Services at its discretion. The Lessee can ascertain the current Terms and Conditions by visiting the relevant section on the Platform. In case of any modification of these terms, a relevant informative message will be posted during the Lessee's next use of the Platform. In this case, the continued use of the Platform constitutes tacit acceptance of the modified / updated Terms and Conditions.
13. Regarding the vehicle's insurance coverage, the provisions mentioned above in term A.I.d shall apply.

D) PAYMENT POLICY

1. The Lessee must proceed with the full payment of the agreed rent within 24 hours from the acceptance of the lease request by the Enterprise. Only with the timely and proper completion of the payment, which is paid in advance (excluding the security deposit mentioned above), are the Parties bound by a clear and defined Lease Agreement. In the event that the acceptance of the Lease Request takes place within 24 hours prior to the commencement of the Lease Term, the relevant payment must be made immediately and, in any case, before the delivery of the vehicle.
2. By accepting these terms and conditions, the Lessee acknowledges and guarantees the payment of a security deposit to the Enterprise on the day of vehicle receipt and following the inspection conducted by them.
3. For the aforementioned purposes, it is agreed that the rent shall be paid in advance into a bank account designated by the Enterprise at the National Bank of Greece, with IBAN GR7201101710000017100950959. The payment of the rent is proven solely by the written receipt from the Enterprise or its authorized representative, or by the Bank (proof of transfer), to the exclusion of any other means of proof. The Enterprise shall, at its own care and responsibility, issue the legal tax documents, in full compliance with the prevailing Greek tax legislation. The contracting parties deem the rent fair and proportionate to the rental value of the vehicle and waive any right to contest it. The Enterprise must notify the Lessee in writing of any changes regarding the bank account into which it wishes the rent to be deposited.

E) CANCELLATION POLICY

The Enterprise may revoke any posting it has made (invitatio ad offerendum) at its discretion. It may also, at its discretion, refuse any request to conclude a lease agreement, provided that it has not yet accepted it.
The Lessee may revoke any request to conclude a lease agreement, provided that it has not already been accepted by the Enterprise.
For the rest, the Parties agree, stipulate, and mutually accept along with these Terms of Use, the following Cancellation Policy:

CANCELLATION DATE
CANCELLATION COST
LESS THAN 8 WEEKS UP TO AND INCLUDING THE DAY OF DELIVERY OF THE LEASED VEHICLE
50% OF THE AGREED RENT
FROM 6 MONTHS UP TO 8 WEEKS BEFORE THE DELIVERY OF THE LEASED VEHICLE
30% OF THE AGREED RENT
MORE THAN 6 MONTHS BEFORE THE DELIVERY OF THE LEASED VEHICLE
10% OF THE AGREED RENT

FINANCIAL PENALTIES IN CASE OF VIOLATIONS OF THE TERMS OF GOOD USE OF THE LEASED VEHICLE
Smoking in the vehicle: €300
Pet in the vehicle without prior notice: €300 (pets must be declared before booking; pet fee from €70 depending on the animal)
Exceeding travel limits: €300 + damages
Exceeding capacity limits (occupancy): €300/day per additional person
Empty fuel tank: €140
Full chemical toilet: €60
Dirty fridge:€50
Dirty kitchen:€50
Dirty Vehicle:€50

F) SUB-LEASING

In the event that the vehicle for rent is not owned by the Enterprise, the right of use and sub-leasing shall have been granted to it based on a legal, valid, and current agreement with the owner. In this case, all the terms of the present (and naturally the relevant forms of the Lease Agreement, Delivery-Pickup Annex, Return Annex) apply by analogy, adapted to the case of concluding a sub-lease agreement between the Enterprise and its third-party customers (i.e., purely indicatively, where the term Lessor is used it shall mean Sub-lessor, where Lessee it shall mean Sub-lessee, where lease it shall mean sub-lease, similarly in the plural number, etc.).

G) OTHER TERMS

1. All data entered by the Lessees into the Platform, both during their registration and subsequently throughout their use, are stored in a database used by the Enterprise and are subject to processing in accordance with the PRIVACY POLICY and COOKIE POLICY. The Parties may ascertain the aforementioned applicable policies by visiting the relevant field on the Platform.
2. The Enterprise does not guarantee that the Platform will always operate uninterrupted without occurrences of interruptions or malfunctions. Malfunctions on the Platform may likely occur (indicatively and not limited to) due to internet connection malfunctions or due to virus infection. The Enterprise bears no responsibility for any damage to the Lessees from (temporary) inability to operate or malfunction of the Platform. The Enterprise reserves the right to prevent, restrict, or temporarily interrupt the operation of the Platform without prior notice and without bearing any responsibility for any damage to the Lessees, should such a thing be deemed necessary, such as in the case of a need for emergency maintenance of the Platform.
3. Lessees have the right to proceed at any time with the termination of the use of the Platform by deleting their account; however, they remain fully liable for existing leases. The Enterprise reserves the right to prevent access to or use of the Platform and/or to proceed with account deletion on the Platform in case of violations of these Terms of Use.
4. Delay in the payment of the rent, of any other debt under the law or this agreement, as well as the violation of any term of the present, all of which (in their entirety) are stipulated as essential, grants the Enterprise the right to denounce and unilaterally terminate the present lease and to demand the immediate return of the vehicle and its use by the Lessee as provided by the provisions of the Civil Code and the Code of Civil Procedure, and to claim compensation for any damage it suffered.
5. The present Lease Agreement is modified only in writing, excluding any other means of proof regarding this, including oath, and the rights it provides are not lost if not exercised properly. Any invalidity of any of the terms of the present does not affect the validity of the rest. The present lease agreement is otherwise governed by the provisions of the Civil Code, any special civil laws, and Greek legislation. For any dispute that may arise from the present or will be related to the said Lease Agreement, the courts of Athens are designated as the competent courts. Service of any judicial and extrajudicial document to the Parties is legally made to their address declared on the Platform.