Условия за ползване

General Terms of Use of the website www.ferryhopper.com & of the application Ferryhopper

1. Introduction

1.1 About the Company

The website “www.ferryhopper.com” and the mobile application "Ferryhopper” (hereinafter the term “Ferryhopper” means both the website and the mobile application) are owned by the Greek company under the company name "Ferryhopper S.A.", and the distinctive title "Ferryhopper" (hereinafter the "Company" or "we") established on 18/10/2016 with General Commercial Registry registration number 140289903000 and has its registered seat in Greece, at 147 Thessalonikis street, Moschato, with Tax Identification Number 800769311 (Athens Tax Office for Commercial Companies).

Through the website “www.ferryhopper.com” and the mobile application “Ferryhopper”, the Company acts as a travel agent (EOT 0206E60000775101) for ferry ticket booking and in general as an intermediary of travel services (e.g. travel insurance, hotel rental, car rental, etc.) provided by third providers, hereinafter called the “Third Providers”, who are referred in Ferryhopper. In other words, through Ferryhopper, the user has the opportunity to search and purchase ferry tickets and in general travel services based on information in Ferryhopper provided by Third Provider.

Ferryhopper’s novelty lies in the online reservation of different travel itineraries with an intermediate destination from a wide range of travel options to its users. The Company seeks through its collaborations with Third Providers to enrich the range of the provided services via Ferryhopper in order to meet your needs. Ferryhopper is available to users through websites and third-party applications (e.g. GooglePlay, AppStore), is compatible with functional devices (e.g. Android, iOS) and requires an internet connection for its operation. The consumer has the following options regarding the use of Ferryhopper: a) to register as a user in Ferryhopper, b) to use Ferryhopper as a visitor. In case you use Ferryhopper as a visitor, you may not enjoy all the possibilities of Ferryhopper provided to users with a registered profile. In any case, whoever purchases services via Ferryhopper is referred herein as “User” or “you” (meaning both the registered user and the visitor).

1.2 The applicability of the terms of use

Before you continue the navigation in Ferryhopper, you are kindly requested to carefully read these terms of use (hereinafter the “General Terms of Use”).

These General Terms of Use and any specific terms of use applicable for a specific service (hereinafter the “Specific Terms of Use”) of Ferryhopper constitute a legally binding agreement governing any transaction between us. These General Terms of Use and any Specific Terms of Use that may apply per service specify the rights and obligations of the Company towards you as well as your rights and obligations towards the Company as a User and customer of Ferryhopper. The General Terms of Use and any Specific Terms of Use govern any transaction between us. By using Ferryhopper you unconditionally declare that you understand the General Terms of Use and any Specific Terms of Use, you accept them, and you agree with them. In case you disagree with the content of the General and/or Specific Terms of Use, in whole or in part, please do not use Ferryhopper and the services provided through Ferryhopper.

Given that our company acts as an intermediary for the provision of the aforementioned travel services, you should also check and comply with the terms and conditions of each Third Provider, as you could find in their terms useful information about the provided service (e.g. information about the possibility to change the reservation, any changes regarding the scheduled travel itineraries, the refund procedure). Terms and conditions of Third Providers may apply in the transaction between you and the Third Provider. In other words, apart from Ferryhopper’s General Terms of Use and Specific Terms of Use, Third Provider’s Terms and Conditions also apply in your relationship with the said Third Provider.

2. User's rights

As Ferryhopper’s User, acting in conformity with the terms incorporated within Ferryhopper regarding its operation, you are entitled to use Ferryhopper for all available services provided by Third Providers via Ferryhopper. As Users and consumers, you reserve any other right provided by the Greek and European legislation.

It is clarified that the User has no right of withdrawal in accordance with article 3a of Law 2251/1994, which clearly states that passengers of transport services are excluded from its application scope.

Any dispute between us may be settled amicably through the European Commission's Electronic Dispute Resolution Platform and its certified bodies in accordance with 2013/11/EU Directive on alternative dispute resolution (e.g. Hellenic Consumer Ombudsman).

3. User's obligations

Any User must use Ferryhopper in conformity with the law, the General Terms of Use, any Specific Terms, the Privacy Policy and the Cookie Policy in force.

By using Ferryhopper, the User declares that he/she is an adult (at least 18 years of age), legally competent and the real user of Ferryhopper. In the case of using Ferryhopper for minors, the User declares that he/she is legally liable for the minors.

By registering any data (yours or third parties’) within Ferryhopper you declare to us that you are entitled to make that registration (e.g. the information you enter refers to you, or third parties on behalf of which you act). You are exclusively liable for the content of the information you provide to us and their accuracy.

It is prohibited to use Ferryhopper to enact any illegal activity against the Company or against third parties (e.g. posting against the Company or third parties of defamatory, inaccurate comments, and/or making payments using a third-party account without being authorized for this payment). Specifically, it is forbidden to use Ferryhopper for misleading or profit purposes contrary to operation of Ferryhopper and in general for purposes other than the ones described in these General Terms of Use and/or any Specific Terms.

You as a User must respect and not infringe the intellectual property rights of the Company on Ferryhopper, avoiding any action infringing these rights, such as an unauthorized exploitation of Ferryhopper or imitating Ferryhopper.

According to our recommendation, you must check and comply with the Terms of Use of Third Providers that govern the provision of their services via Ferryhopper. The User is responsible for complying with the terms set by Third providers (e.g. the terms set by each shipping company regarding boarding time).

4. Rights of the Company - Limitation of liability

We reserve the right to exclude from Ferryhopper any User that acts illegally or violates our agreement and its relevant terms. We also have the right to reject any of your orders via Ferryhopper (e.g. booking order), in case of non- compliance with the General Terms of Use and/or Specific Terms of Ferryhopper.

The Company is entitled to protect by any legal means its intellectual property rights in Ferryhopper. The Company is the exclusive owner and beneficiary of Ferryhopper. Any copying, distribution, transfer, processing, resale, creation of derivative work or misleading about the actual beneficiary of Ferryhopper is prohibited.

The Company is entitled at any time to make changes to these General Terms of Use and/or the Specific Terms of Ferryhopper, without prior notice to the User, under the following preconditions: a) the changes are incorporated within Ferryhopper, so as to be available to the User and b) the changes apply for the future from the moment of their integration into Ferryhopper.

The Company acting as an intermediary is not liable either for any defective service provided by Third Providers or for their inability to provide you with these services, irrespectively of your lawful conduct. Also, the Company is not liable and responsible for the information provided to you by Third Providers through Ferryhopper, as the Company does not check such information. For example, the Company is neither liable nor responsible for any information regarding transfers, delays and cancellations of travel itineraries or other travel services and products of Third Providers. Third Provider is solely liable and responsible in case of non-availability of the selected and paid service, in case of faulty provision of the selected and paid services, in case of error, omission, violation, or refusal to provide. In case of injury, death, destruction of property or other damages (such as delays) due to the defected provision of the services, Third Provider is solely responsible and liable for any compensation.

The Company has no responsibility regarding travel documents (passports, visa, etc.) the client should possess for making a trip. The validity and originality of any necessary documents is the passenger’s responsibility. The Company is not liable for the content of other websites contained as links or references to Ferryhopper and is not liable for any damages or harm caused by them. Any reference to other websites facilitates the use of Ferryhopper.

5. Mediation of Ferryhopper for booking of travel services

5.1 Bookings

By filling in the relevant fields of the booking form on Ferryhopper, the User gives an order to Ferryhopper to act as an intermediary of travel services provided by Third Providers. The booking order shall bind the User in each case. In case of changes to the scheduled booking of your choice, which fall within the area of responsibility of a Third Provider (e.g. in case of delay or cancellation of the travel itinerary), the Company will make an effort to contact you in your e-mail or your phone number, which you already have provided to us, in order to facilitate you and inform you about the relevant changes, provided that we would also have been timely informed by the responsible Third Provider.

5.2 Combined trips, indirect trips, and travel itineraries

It is clarified that the combination of the travel itineraries does not mean a combined sale of the relevant ferry tickets, whether the services provided by the same or different Third Provider. In simple terms, each ticket is always sold separately. The user who chooses to buy a combination of travel itineraries with an intermediate destination has the sole responsibility for the successful completion of the combined trip responding to time limits (e.g. boarding time) set by the terms of each Third Provider. The Company acting as an intermediary is not responsible or liable for any changes regarding your reservations (e.g. modification of the time day or route of a trip or choice of inadequate waiting time between the trips or any other cause that will not allow the customer to complete the combined trip). In any case, we inform you through a specific notification, during the reservation and before its payment, for the exclusive responsibility of each Third Provider for the provision of the travel itineraries of the combined trip, as well as for your own responsibility to comply with the general terms of use of each Third Provider.

5.3 Price & charges

The prices indicated in the relevant fields of the Ferryhopper booking form are final and include the value of the travel service or travel product and any applicable taxes and/or fees. The prices of the travel services/products are determined by the respective Third Provider and are communicated together with the applicable taxes and fees to Ferryhopper. Ferryhopper is not responsible for the formation and/or changes in these prices.

For the services provided by the Company as an intermediary there may be an additional fee of the Company (“Booking Fee”). In this case, the Booking Fee is explicitly defined and made visible to the User before the payment stage of each transaction, in order for the user to be informed about the amount of the Booking Fee added to the offered service by the Service Provider and included in the total price of the reservation. In the event of cancellation of the reservation by the User, the Service Charge shall be refunded to the User only if the latter is entitled to a refund of the full value of all the tickets of the reservation in question. In the event of cancellation of the trip for reasons attributable to the Service Provider, the Booking Fee shall be refunded to the User only if the cancellation affects the total number of trips of the specific reservation made through Ferryhopper.

5.4 Payment methods

For the provision of travel services to you via Ferryhopper you can buy travel services by paying with a credit card (e.g. Mastercard) or using other online payment methods (e.g. Digitalwallet). The Company supports payments for Visa, Mastercard, Maestro credit cards, as well as Masterpass payments through the National Bank of Greece, Eurobank and the payment institution “EveryPay”, which is licensed by the Bank of Greece (by virtue of the decision no 280/3 / 23-7-2018 FEK B 3010/25-7-2018), and safely manages payment transaction details, in accordance with the regulatory framework of the card industry data security standard. All payments and refunds are made in Euros (€) according to the bank exchange rate at that time.

The Company is not obliged to deliver the tickets to the user, before the successful completion of the payment procedure. The Company will book the ferry ticket or any other service after the successful completion of the payment. In case that the reservation due to technical failure is unavailable despite the fulfillment of the payment, the Company undertakes the responsibility to immediately withdraw (within the day) the transaction and return the full amount in Euros. The refund of the amount from the customer's bank is usually carried out within 3-7 days and the Company has no additional obligation or liability for any additional bank charges.

5.5 Confirmation of booking

When purchasing any travel service through Ferryhopper, Users will receive a booking confirmation via email. Users are expected to verify the correctness of the details and data contained within this reservation confirmation email and notify the Company immediately, for any discrepancies or errors that may be included.

5.6 e-tickets & physical ticket pick-up

Once your booking is confirmed, we will send you a confirmation email with a link, or an attachment of your electronic ticket (“e-ticket”) and a link for you to check-in online. It is important that you review your e-ticket, as it contains useful information about your trip and the check-in process. Since you are provided with an e-ticket, you do not need to pick up a physical ticket.

However, not all Third Providers currently offer e-ticket options. In this case or in case you wish to be provided with a physical ticket, you can receive your ticket from the Company in the address mentioned in the beginning of these General Terms of Use or from any authorized agencies of the relevant Third Provider (e.g. from the port of departure where the agency of the relevant shipping company is located).

5.7 Modification or cancellation of the travel service

The possibility to modify or cancel a ferry ticket, a trip or another product or service and the cost of such modification or cancellation are set by the Third Provider and referred to their terms of use (e.g. of the relevant ferry or insurance company). For this reason, we recommend that you read and comply with them, as it is necessary for the provision of the travel services. The Company, acting as an intermediary, is not able to influence the terms of use of the Third Providers and that is why our company is not liable for issues regulated by them. For example, the terms of use of the Third Providers may define the costs that burden to modify or cancel the relevant travel service which you have already selected. For modification or cancellation requests of travel products or services, you may contact the relevant Third Provider directly.

To help you make a modification or cancellation request exclusively of ferry tickets, as an additional service, Ferryhopper may handle such a request on your behalf with an additional (i.e. in addition to the modification or cancellation cost set by the Third Provider) fee of six Εuros (€6) per booking, provided that the terms of the Third Provider permit such a modification or cancellation. Therefore, in case you choose Ferryhopper to handle your cancellation request, the above mentioned fee of six Εuros (€6) will be deducted from the refund you will receive in addition to the deduction of the cancellation cost determined by the Third Provider.

In order for us to be able to handle the change or cancellation requested by you, it is necessary that you request the change or the cancellation of the ferry ticket either through the “My booking”page on our website or by completing our online contact form no later than 48 hours before the scheduled departure, in order for us to make the desired change or cancellation in accordance with the terms of the relevant Third Provider. For change or cancellation requests at shorter notice, we recommend that you contact the Third Provider directly.

6. Ferryhopper services

In addition to the services provided by the Company as an intermediary of travel services, Ferryhopper provides its own additional services. Before selecting any of these services, we recommend that you carefully read the relevant terms governing the Ferryhopper service in question.

6.1 Flexi

Ferryhopper acts as an intermediary for booking ferry tickets from many different Third Providers, each of which sets different conditions for the modifications of the tickets initiated by the Users. In order to upgrade booking modifications and provide more flexibility to Users, the Company offers Users the option to purchase the "flexible ticket service" (hereinafter "Flexi"). If purchased during the booking process, Flexi allows User to modify their booking under the following conditions:

1. User may request the modification of their booking without any limitations arising from the terms of the Third Provider. Rebooking is also possible within a different Third Provider than the one operating the originally booked ticket.
2. By using Flexi, User agrees that one or multiple trips of their original booking are canceled and Company shall make a new booking on their behalf. Users will only be required to pay any difference between the price of their original booking and the new booking. Should the total price of the new booking be lower than the original booking, the Company shall make the new booking on User’s behalf and no additional payment shall be required from User. The Company shall use the refund from the cancelation of the original booking to cover the costs of the new booking. Should the total price of the new booking be lower than the total price of the original booking, the remainder is not refunded to User.
3. Desired modifications using Flexi are subject to relevant ticket availability. Rebooking is only completed once the User receives the confirmation e-mail. If you do not receive a confirmation email, please contact our customer service.
4. Any modifications to the booking must be requested at least forty-eight (48) hours before the original time of departure via “Make changes to your booking” under “My booking” page. In case your booking consists of multiple trips, during the booking process Flexi will be available only for trips more than forty-eight (48) hours apart, in which case the price of Flexi will be adjusted accordingly, excluding non-eligible trips.
5. Flexi must be purchased during the booking process and cannot be added to the booking afterwards.
6. Flexi allows for each trip of the original booking to be modified only once. Any subsequent changes to this specific trip of the original booking are subject to Third Provider’s terms. Once the relevant modification has been confirmed, Flexi has been used up for this specific trip.
7. Flexi is not cancellable or refundable; neither can be transferred to a new booking.

Flexi does not apply to cancellation of bookings. User cancellation requests are processed under Third Provider’s terms and the Company’s General Terms of Use. In addition, Flexi cannot be used for a trip if a scheduled modification or any other Third Provider enforced modification or cancellation has affected the trip. For the above-mentioned cases the Third Provider terms apply and Users will be reimbursed accordingly. Finally, Flexi cannot be used at times of, or if a trip is affected by a force majeure event or other extraordinary situation that is beyond the Company’s or the Third Provider’s control. Such events include, but are not limited to, extreme weather conditions, natural disasters, earthquakes, strikes, Third Provider insolvencies, pandemics, terrorist attacks, wars.

Flexi is not an insurance product and is not intended to protect Users from emergencies.

6.2 Support Plus

During the booking process, Ferryhopper might provide you with the option to choose the preferred level of customer support services. Customer support services govern the communication with our customer support team with regard to various issues which you might face in relation to your booking. The standard customer support services are provided to all bookings by default and are included in the Booking Fee (if any). Please note that, in case you opt for the standard customer support services and you wish the Company to handle any modification or cancellation requests of ferry tickets on your behalf, additional charges apply (please refer to section 5.7 of these General Terms of Use).

To make customer experience better, Ferryhopper also provides you with the option to purchase premium support services (hereinafter "Support Plus"). If purchased for an additional fee specified in the booking process, Support Plus is offered to Users under the following conditions:

1. Requests from users with Support Plus will receive a higher priority compared to requests from Users with standard customer support, resulting in faster first response times and quicker resolutions.
2. Support Plus is offered 365 days a year, including Sundays and public holidays.
3. The Company handles modification or cancellation requests of ferry tickets on behalf of Users without charging the additional (i.e. in addition to the modification or cancellation cost set by the Third Provider) fees referred to section 5.7 of these General Terms of Use. However, additional charges modification or cancellation requests of ferry tickets by the Third Provider may still apply.
4. Support Plus must be purchased during the booking process and cannot be added to the booking afterwards.
5. Support Plus is not cancellable or refundable; neither can be transferred to a new booking.

7. Applicable law, jurisdiction, and other provisions

These General Terms of Use and any Specific Terms of Use, as applicable from time to time, shall be governed by and construed in accordance with the laws of Greece.

The competent Courts of the city of Athens have the exclusive jurisdiction for any dispute between us deriving from General Terms of Use, any Specific Terms, or in general from the use of Ferryhopper. The competent Courts of the city of Athens have the exclusive jurisdiction for injunction measures and/ or temporary restraint orders as well (including tort).

These General Terms of Use and any Specific Terms are available in Greek and English. In case of an interpretive issue, please read the Greek text, as the Greek version of the General Terms of Use and any specific Terms prevails.

 

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