AGREEMENT BETWEEN CUSTOMER AND CYCLADES AIR HELLAS
This Website is operated by Cyclades Air Hellas, an Austrian company. This website is provided to assist customers in bookings, travel, leasing and chartering of aircraft, tickets and associated services, determining the availability of flights and travel related goods and services, information, making legitimate reservations or otherwise transacting business with flight and travel suppliers, and for no other purposes. The terms we, us, our and Cyclades Air refers to Cyclades Air Hellas (hereinafter “Cyclades”). The term “you” refers to the customer visiting the Website and/or booking a reservation/flight/charter through us on this Website, and/or through our third party servants and agents.
This policy does not apply to the practices of companies that Cyclades does not own, control and/or are affiliated or associated with, or to people that Cyclades does not employ or manage.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of flights, chartering and leasing of aircraft and associated services), as well as the infrastructure used to provide such content and information, is fully proprietary to us or our suppliers and providers. While you may make limited copies of your flight(s), chartering itinerary (and related documents for the services provided) or related services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse-engineer, corrupt, transfer, or sell or re-sell any information, software, products, intellectual property, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any flights, chartering, travel and/or related services) for any purpose without our express written permission; or
- 'frame', 'mirror' or otherwise incorporate and/or link any part of this Website into any other website without our prior written authorisation.
If your booking, reservation, or account shows signs of fraud, abuse, or suspicious activity, Cyclades may at its sole discretion (and without notice) cancel any flight, chartering or leasing of aircraft, or travel bookings or associated services, associated with your name, email address, or account, and close any associated Cyclades accounts. If you have conducted any fraudulent activity, Cyclades reserves the right to take any necessary legal action and you may be liable for monetary losses to Cyclades, including litigation costs and damages, as well as consequential losses. To contest the cancellation of a flight, chartering or leasing of aircraft, travel booking or freezing or closure of an account (or associated matters), please contact Cyclades Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions of third party suppliers (including but not limited to operators) will apply to your reservation and purchase of flights and travel related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any third party supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party supplier's rules and restrictions regarding availability and use of fares, products, taxes, services charges or services. Cyclades reserves the right to pre-authorise your credit card prior to your arrival and/or departure to ensure the credit card is valid. Cyclades also reserves the right to cancel your booking, charter or flight if the credit card is not valid. Some third party suppliers may also require you to present a credit card or cash deposit to cover additional expenses. Such deposit is unrelated to any payment received by us for your flight or charter booking. You acknowledge that some third-party suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand, agree and warrant that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s) or flights, in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
In all such cases, Cyclades shall not be responsible or liable to you under any circumstances whatsoever or howsoever arising.
Cyclades believes in protecting your privacy.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You will not post or transmit to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, sexist, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any applicable law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any materials that are objectionable on the grounds of public interest, public morality, public health and order, public security, national harmony, national security, or otherwise prohibited by applicable laws. You shall be solely liable for any losses and damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Cyclades may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same flight, charter, travel service or associated services, only your most recent submission is eligible for use.
Cyclades’ policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Copyright Complaint Policy below.
FARES AND PRICES
Note: In the event that you book flights, charter or lease aircraft, request associated services or similar, you acknowledge and agree that all charges, taxes, service expenses and other costs and expenses relating to your booking, flights or similar are payable by you at the time requested by Cyclades.
You acknowledge, confirm and warrant that Cyclades or service provider has (prior to full payment being received) the right to amend, change and/or alter its prices, services, schedules at any time and/or add additional costs, charges and expenses for any booking, flight, charter or service.
TRAVEL DESTINATIONS – DOMESTIC & INTERNATIONAL
You are responsible for ensuring that you meet all domestic and foreign entry/exit, travel and visa requirements and that your travel documents, such as passports, identification cards, vaccination status and visas (transit, business, tourist, and otherwise), are in order and any other domestic or foreign entry/exit requirements are met. The Cyclades Companies have no special knowledge regarding domestic and foreign entry/exit requirements, visas, vaccinations and/or travel documents. We urge customers to review travel prohibitions, vaccination requirements, warnings, announcements, and advisories issued by the relevant governments and embassies prior to booking travel for domestic and international destinations.
Passport, Identification Cards, Vaccination Status and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, identification cards, vaccination status, visa or other documents required by Cyclades or any airline, operator, authority or country, including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport.
Health: Recommended inoculations and vaccinations for travel may change at any time and you should consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you obtain the recommended inoculations, vaccinations, take all recommended medication and follow all medical advice in relation to your trip. You must also follow any direction from Cyclades or the operator with respect to Covid-19 procedures (including social distancing, wearing of masks, etc.).
BY OFFERING FLIGHTS, CHARTERS AND TRAVEL PRODUCTS TO PARTICULAR DOMESTIC AND/OR INTERNATIONAL DESTINATIONS, CYCLADES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL OR BOOKINGS TO SUCH DESTINATIONS.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing or scheduling errors. In particular, the Cyclades Companies and Cyclades Affiliates do not guarantee the accuracy of, and disclaim all liability whatsoever or howsoever arising for any errors, omissions and/or other inaccuracies relating to the information, price, scheduling and/or description of other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, schedules locations, general product descriptions, class or category, location, etc.). In addition, Cyclades expressly reserves the right to correct any pricing, chartering or scheduling errors on our Website and/or pending reservations/flights/charters made under an incorrect price. In such event, and only if available, we will offer you the opportunity to keep your pending reservation/flight/charter at the correct price or schedule or we will cancel your reservation without penalty.
The Cyclades Companies, the Cyclades Affiliates and their respective suppliers make no guarantees or warranties about the availability of flights, charters, specific products and services at any time including scheduling. The Cyclades Companies, the Cyclades Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time and without notice.
The Cyclades Companies, the Cyclades Affiliates and their respective suppliers, servants or agents make no representations or warranties about the suitability, merchantability and/or use of the information, software, products and services contained on this Website for any purpose and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Cyclades Companies or the Cyclades Affiliates. All such information, software products and services are provided on an “as is and with all faults” basis without warranty of any kind whatsoever. The Cyclades Companies, the Cyclades Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Cyclades Companies, the Cyclades Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Cyclades Companies, the Cyclades Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, use, title and non-infringement.
Operators and other suppliers providing flights, charter and leasing of aircraft, travel or other services on this Website are independent contractors and not servants, agents or employees of the Cyclades Companies or the Cyclades Affiliates. The Cyclades Companies and the Cyclades Affiliates are not liable whatsoever or howsoever for any acts, errors, omissions, representations, warranties, breaches or negligence of any such operators, suppliers or third party supplier or provider for any personal injuries, death, loss, damage, property damage, or other damages or expenses resulting there from (whether direct or indirect) and irrespective of jurisdiction. The Cyclades Companies and the Cyclades Affiliates have no liability and will make no refund in the event of any delay, cancellation, operational or technical issue, overbooking, strike, force majeure or other causes beyond their direct and sole control, and they have no responsibility whatsoever or howsoever arising for any additional expenses, omissions, delays, re-routing or acts of any government, authority or industry body.
In no event shall the Cyclades Companies, the Cyclades Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website, the expense management systems accuracy or expertise; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, laws, directives, by-laws or regulations, or otherwise, and even if the Cyclades Companies, the Cyclades Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Cyclades Companies, the Cyclades Affiliates or their respective suppliers are found liable in a competent court or tribunal for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Cyclades Companies and/or their respective suppliers will in no event exceed, in the aggregate, the greater of Five Hundred United States dollars (US$500.00) or the equivalent in local currency.
You agree to hold harmless, defend and indemnify the Cyclades Companies, the Cyclades Affiliates, and/or their respective suppliers, third party providers, servants and agents and any of their officers, directors, employees and agents from and against any and/or all claims, causes of action, demands, recoveries, judgments, awards, sanctions, penalties, proceedings, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party;
- your use of this Website; or
- your refusal to pay any and/or all sums or amounts due under this Website to us and or for any booking, supplier, third party provider, servant or agent.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Cyclades. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Cyclades Companies, Cyclades Affiliates, and/or our respective suppliers, servants and agents and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible as well as for all criminal, civil and/or pecuniary liabilities.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT AND/OR THE TERMS OF THIS WEBSITE.
If a currency converter is available on this Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. They are indicative and not conclusive - nor should they be relied upon as accurate in any way whatsoever. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. Final payment will be settled directly with the operator or service provider in the local currency. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
BANK AND CREDIT CARD FEES
Many credit card companies (including debit cards) charge their account holders transaction and service fees when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express, etc.) are in different countries. The currency exchange rate, if applicable, and any transaction fee and service charge is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees may be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank or credit card supplier.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are Cyclades Air Hellas All rights reserved.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law (including the European Commerce Directive), Cyclades has adopted a policy of terminating, in appropriate circumstances and at Cyclades' sole discretion, account holders who are deemed to be repeat infringers. Cyclades may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder is a repeat infringer, please provide information sufficient for us to verify that the account holder is a repeat infringer when filing your notice.
One or more patents owned by the Cyclades Companies may apply to the Website and to the features and services accessible via the Website. Portions of this Website operate under the license of one or more patents. Other patents are pending.
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This Agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction and venue of courts in England in all disputes arising out of or relating to the use of this Website. You also agree to mediation prior to any proceedings being brought as set out herein. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the Cyclades Companies or Cyclades Affiliates as a result of the Agreement or use of this Website.
Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose, or the user or you knew or should have known of such claim – whichever is the earlier in time - or such claim or cause of action will be irrevocably waived.
If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Cyclades with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Cyclades with respect to this Website save for the any terms and conditions contained within this Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
You may not assign, convey, or delegate your rights, duties or obligations hereunder.
Other than the customer and Cyclades, no other person has any rights under the Contracts (Rights of Third Parties) Act (UK) to enforce any term of the Agreement, however, the Cyclades Companies and Cyclades Affiliates shall be entitled to enforce the disclaimers and limitations of liability set out in the Agreement.
Any rights not expressly granted herein are reserved.