A. Introduction – General Terms
“TOURIST TRANSPORT AND HOTEL ENTERPRISES HORIZON Single Member S.A” («ΤΟΥΡΙΣΤΙΚΕΣ ΜΕΤΑΦΟΡΙΚΕΣ ΚΑΙ ΞΕΝΟΔΟΧΕΙΑΚΕΣ ΕΠΙΧΕΙΡΗΣΕΙΣ ΟΡΙΖΩΝ ΜΟΝΟΠΡΟΣΩΠΗ ΑΝΩΝΥΜΟΣ ΕΤΑΙΡΕΙΑ») and the distinctive title «HORIZON TRAVEL» (hereinafter “our Company” or “we”) which is engaged in the sectors of travel organization (incentive, corporate travels), organization of conferences, events, excursions, yacht chartering etc., through its website horizon.gr (hereinafter the “Website”), offers you the possibility to be informed about our products and services.
When entering the Website and make use of the pages and services of the Website you agree that you have understood and become aware of these Terms of Use of the Website only by browsing the Website and consent and fully accept such terms unconditionally, without any exceptions and acknowledge that you are bound by them during all your visits. If you do not agree with the content of all and/or part of these terms, you must refrain from visiting and/or using the Website.
The Company is entitled to amend, freely revise or occasionally update all and / or part of these terms these Terms of Use, at any time and without prior notice, publishing the relevant amendments in the Website. After such amendments, the use of the Website shall be considered as acceptance of the said amendment. We encourage you to check the Website from time to time in order to determine whether there have been any amendments, as well as to review from time to time these Terms of Use.
B. Links to other websites
Our Website may contain links (links, hyperlinks, banners) to third parties or include third party websites. These Terms of Use do not apply to these websites and our Company is not in any way responsible for the privacy policies or practices of such websites. The content of said websites is provided under the exclusive responsibility of the owners thereof. The Company does not guarantee their availability and cannot be held liable for the content, the accuracy, legality, completeness, timeliness of the information, as well as the quality and the characteristics of the products or services that are made available in the aforementioned websites. If you choose to visit a linked site, you agree that our Company is not responsible for the availability of this site and does not control, sign or is responsible in any way whatsoever for the way in which your personal information are addressed in these websites or the content of such websites. Reference to other websites is made exclusively for your convenience and it does not establish, in any case whatsoever, any form of commitment or guarantee, encouragement or endorsement of the Company related to the content or the quality of the provided services.
C. Limitation of liability and Availability of the Website
1. The contents of the Website, including without limitation any content, data and information related thereto, is provided on an “as is” or “as available” basis without any warranties or obligations of any nature, explicit or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose including for successful or proper installation. The Company does not warrant that the Website, the servers or the emails sent through it do not contain any viruses or other harmful elements. The Company is not liable for any damages of any kind that may occur from the use of the Website including, but not limited to, direct, indirect, incidental, consequential damages.
2. The Company, has taken all appropriate organizational and technical measures for the proper and unimpeded operation of the Website, and without guaranteeing and thus without being liable, makes every possible effort to ascertain that the information included in the Website is complete, accurate, up to date and clear. However, for reasons for which the Company is not liable the above may at some point be insufficient and access to the Website or services offered by the Company may not be available at all times or in all areas. The Company reserves the right to modify or discontinue, temporarily or permanently, the Website with or without any notice to you. In this case, the Company does not provide any form of warranty in connection therewith and shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of the Website or the materials presented on the Website (including contact information, links, publications, blogs, travel and conference information, other specialized content, documentation, data, related graphics, and other features as applicable) offered herein and you acknowledge that you do not have any kind of claim against the Company for this reason.
3. The use of the Website is solely at your own risk. The Company, in no case whatsoever, including the event of negligence, shall be held liable for any damages (whether actual or special or incidental, which may include by way of indication, alternatively and / or cumulatively loss of profits, data, loss of earnings, monetary satisfaction, etc.) to you or a third-party for a reason related to the operation or non – operation and / or use of the Website and / or inability to provide services and / or products and / or information made available by you and / or any unauthorized third-party interventions in products and / or services and / or information made available through it, regardless of whether the Company or an authorized representative of the Company has been advised of the possibility of such damages, as well as for errors, omissions or any insufficiency of the information, for delays or interruptions or inability to transmit information or for any damage caused to you from the use of said information.
D. User’s Liability and Representations
1. As a condition for your use of the Website, you hereby represent, agree and undertake that (i) you will use the services, information and data of the Website exclusively for lawful (and not for any illegal, immoral or unauthorized) purposes and in a manner that does harm any user and does not limit or impede the use by others or infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; (ii) you will comply with the rules and provisions of the relevant legislation governing telecommunications and to avoid any unlawful and abusive conduct that could affect the other visitors/users or cause damage or malfunctions to the website and consequently to the Company; (iii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and you will provide true and accurate information and will not impersonate or provide a false identity; (iv) you possess the legal authority to enter into these Terms of Use and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms of Use, and to fully perform your obligations hereunder and (v) the execution of these Terms of Use does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject.
2. You must refrain from using the Website for: 1. sending, publishing, sending by e-mail or otherwise transmitting any content that is illegal for any reason whatsoever and causes unlawful insult and damage to the Company or any third-party or violates the confidentiality or privacy of any person’s information 2. sending, publishing, sending by e-mail or otherwise transmitting any content that infringes morals, social values, underage persons etc. 3. sending, publishing, sending by e-mail or otherwise transmitting any content regarding which you have no right of transmission under the law or current contracts (such as inside information, proprietary and confidential information acquired or disclosed as part of working relations or covered by confidentiality agreements), 4. sending, publishing, sending by e-mail or otherwise transmitting any content that violates any patent, trademark, trade secret, copyrights or other third-party proprietary rights, 5. sending, posting, sending by e-mail or otherwise transmitting or making available any material containing software viruses, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to interrupt, damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; 6. creating a database by systematically copying and storing all or any of the Company’s intellectual property (as defined below); 7. using the Website and/or any information and material contained therein or relating therefrom, for any commercial purposes; 8. intentional or unintentional violation of any applicable laws or regulations, 9. harassment of third parties in any manner whatsoever, 10. collection or storage of personal data regarding other users.
3. If you fail to comply with the provisions set forth herein, your access to the Website may be terminated and you may be exposed to civil and/or criminal liability. In case that the Company is involved in any dispute or is required to indemnify a third party of any nature whatsoever, for reasons related to a breach of your obligations as set forth hereinabove, you shall be held liable to indemnify the Company for the said reason. Moreover, you agree to defend, indemnify and hold harmless the Company its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (ii) your use of the Website and your violation of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Website and the information or material contained therein.
E. Intellectual and Industrial Property Rights
All the contents of the Website, including but not limited to the brand names, trademarks, files, news, software, images, graphics, photographs, drawings, texts, provided services constitute the intellectual and / or industrial property of the Company and are protected under the relevant national and international statutory provisions, on Intellectual and Industrial Property, notwithstanding any third party right. Therefore, you are expressly prohibited from proceeding with any commercial and / or financial exploitation of the above content of the Website in any manner whatsoever. In particular, by way of indication, the content of the Website is not allowed to be reproduced for any use, to be modified / published / copied / transferred / rented / lent / transmitted in any way, without prior written permission of the Company and is not allowed to be sold or distributed in any way for profiteering reasons.
Exceptionally, you are permitted to make copies of the Website as necessary and you may take a print for your personal use of so much of the Website as is reasonable for private purposes and always in accordance with these Terms of Use provided that such copies or prints will not be used for commercial or other purposes and without this use creating any form of intellectual and / or industrial property right against the Company in favor of you. All other use is strictly prohibited.
You hereby state that you are obliged to refrain from any action that may infringe the intellectual and / or industrial property rights of the Company or any third party contractually associated with it
F. Special Provisions
1. These Terms of Use are governed by the laws of Greece. The Courts of Athens have jurisdiction to interpret these Terms of Use and to resolve any disputes that may arise.
2. If any provision of these Terms of Use is declared to be unlawful, null and void, or for any reason unenforceable, that will not affect the validity and enforceability of any remaining provisions which will remain in effect and will apply as normal.
3. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.