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TERMS OF USE & COOPERATION WITH DISCOVERGREECE.COM
1. PROMOTION OF GREEK TOURISM, DEFINITIONS
1.1. Marketing Greece aims to promote and develop Greek tourism and travel-related products and services through its website, «discovergreece.com», according to international market trends, for the benefit of travellers and product and service suppliers to the travel market. «Discovergreece.com» presents online information regarding Greek tourism and travel-related markets and intends to become a reference site for the sector, through the provision of online services to travel enterprises. Operating as an online platform providing travellers with useful information before, during and after the trip, on hotels, travel agents, transport enterprises, tour guides, restaurants, bars and cafes, museums and sites of archaeological interest and Greek designers, as well as Greek providers of other travel-related products and services, «Discovergreece.com» aspires to become an online platform through which travellers will discover the best Greece has to offer.
Let’s work together to transform a simple trip into a lifetime experience.
1.2. Τhese Terms of Use & Cooperation, the Specific Terms that may apply by category of Service or Services, as amended and in force from time to time, and the Accepted Order for Provision of Service or Services, as agreed between us, apply from the date of acceptance by Marketing Greece of the Accepted Order, while the Privacy Policy and the Cookies Policy, as amended and in force from time to time, are in force and applicable from your first visit to the Website and govern your navigation and use of the Website. All the above-mentioned documents are the terms and conditions of our cooperation and apply in the legal relationship between You and Marketing Greece and the Services, which the latter provides to You through the Website. All the above-mentioned documents, as defined below under 1.5.20, constitute the Agreement, which is a legally binding document from which certain rights and obligations arise for You and Μarketing Greece. It must be underlined that the general Terms of Use of the Website, which you can find here, are also legally binding for You as user of the Website. By using the Website, You, as a user of the Website, unconditionally declare and assure that you agree with the content of the Terms of Use and you understand the Terms of Use. In case you disagree with the content of the Terms of Use, in whole or in part, please do not use the Website and the services provided through the Website.
Μarketing Greece reserves the right to prohibit the use of the Website, in case You do not comply with the Terms of Use and the applicable legislation.
1.3. The Website is an online platform owned by Marketing Greece, through which tourism and travel-related products and services of Providers are promoted and access is granted to products and services of Providers, while respectively Marketing Greece provides Services to Providers on a Contribution.
1.4. Before you continue your navigation on the Website and before you agree with Marketing Greece on every document (all of which constitute the Agreement between us) we strongly recommend that you carefully read all the documents that consist the Agreement. By accessing the Website and the agreement as depicted in the Agreement, i.e (a) Terms of Use & Cooperation, (b) Specific Terms that may apply per category of Service or Services, (c) the Accepted Order for provision of Service or Services to You from Marketing Greece, which shall be negotiated between us in order to be an Accepted Order (from a simple Order), (d) the Privacy Policy and (e) the Cookies Policy, You, the Provider, unconditionally accept and declare that you agree with the content of the Agreement and you understand it. In case you disagree, you should not accept the previously mentioned documents.
1.5. In these Terms of Use & Cooperation, in the Specific Terms of Use which may apply by category of Service or Services and in the Accepted Order, the following terms shall have the following meaning:
1. Accepted Order: the Order, which Marketing Greece accepts, following negotiations with You.
2. Advertised Provider: the legal entity or person to which Marketing Greece provides its Services, the full reference and info of which are provided in the Registration Form.
3. Agreement: the legally binding agreement between Marketing Greece and the Provider, which constitutes the following documents: these Terms of Use & Cooperation, the Specific Terms that may apply by category of Service or Services, the Accepted Order for Provision of Service or Services to you from Marketing Greece, the Privacy Policy and the Cookies Policy.
4. Confidential Information: all information, including the terms of the Agreement, which are defined as or may reasonably be considered confidential, irrespective of their designation as confidential.
5. Content: any necessary information related to with Provider and its enterprise(s) and is provided to Marketing Greece and/or is available to Marketing Greece from the Provider for the provision of Marketing Greece’s Service or Services to the Provider for the performance of the Agreement (indicatively: trademarks, URL, distinguishing marks, texts, photos, audio-visual content, documents, graphic depictions and any other material of any form and type, owned by the Provider or for which a license has been granted to the Provider by the right holders). Content may include Intellectual Property Rights.
6. Contribution: for the Promotion Services and/or for Services For Access to travel experience Services is the fixed amount defined in the Accepted Order, paid according to the terms agreed in the Accepted Order by virtue of the Agreement between Marketing Greece and the Provider for the provision by Marketing Greece of Service to the Provider.
7. Insolvency Event: means any of the following events (i) a Party suspends, or threatens to suspend, its business or payment of its debts, or is unable to pay its debts as they fall due; (ii) it commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts; or (iii) should any of the Parties submit a petition for bankruptcy (or if a third party submits a petition for bankruptcy), be declared bankrupt, is set under conciliation proceedings, is wound up, liquidated or set under any similar scheme (iv) should the Provider’s competent body decide the Provider’s dissolution.
8. Ιntellectual Property Rights: all and/or every single one of the intellectual property rights (copyright and industrial property rights), regardless of their protection with absolute and exclusive rights, indicatively trademarks, designs, droit d’auteur/copyright and related rights, right on database, distinguishing marks, trade name, titles, slogans, domain names, texts, structure, «look & feel».
9. Loss: includes loss, damages (material or non-material, direct/positive or loss of profits, direct or indirect and any other loss/damage of any type or cause), liability, claim, charge, expense, compensation, attorney’s fees, legal fees and in general every claim against Marketing Greece.
10. Marketing Greece or MG: the company with the company name “MARKETING GREECE ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ ΠΡΟΩΘΗΣΗΣ ΚΑΙ ΑΝΑΠΤΥΞΗΣ ΤΟΥ ΤΟΥΡΙΣΜΟΥ” and the distinctive title “MARKETING GREECE A.E.”, registered at 6, Voukourestiou St, Athens, Greece, under the registration number 125083101000 and VAT number 800486464, which owns the Website and provides the Services.
11. Marketing Greece Standards: means (a) that Content shall be accurate, true and shall not include any prices that are not available on the Website or on the Provider’s Website or on the Provider’s enterprise, and shall not include any information that could reasonably be regarded as misleading, incorporating unfair or unreasonable charges, or resulting in Marketing Greece being in breach of applicable laws or regulations; (b) that the services provided to Users by the Provider are of a professional standard and do not contain any information that could reasonably be regarded as misleading, or incorporating unfair or unreasonable charges or resulting in Marketing Greece being in breach of applicable laws or regulations; and (c) that the Provider shall at all times fulfil all of the Provider’s obligations to Users and shall not do or omit to do anything which, in Marketing Greece’s reasonable opinion, may affect the Provider’s ability to fulfil the Provider’s obligations to Users or results in (or is likely to result in) the Provider or Marketing Greece being in breach of applicable laws or regulations; (d) the Content does not infringe any third party’s rights, including Intellectual Property Rights and rights on personality and in general any right may affect the Provider’s ability to fulfil the Provider’s obligations to Users or results in (or is likely to result in) the Provider or Marketing Greece being in breach of applicable laws or regulations; (e) the Content or part of it (as indicatively the photos and videos provided by the Provider) are of high quality and are provided in form/analysis that allows its use according to the Agreement.
12. Marketing Greece Technical Requirements: means any technical requirements relating to the Content or provision by the Provider of Content to Marketing Greece and the performance of the Agreement as may be notified to Marketing Greece by the Provider in writing from time to time.
Marketing Greece Trademarks: means the trademarks and/or distinguishing marks “Marketing Greece”, “Discover Greece” or any other trademark, trade name, logo or brand name, registered or not, owned by Marketing Greece in any language or any variation.
13. Order: the written order submitted by the Provider to Marketing Greece for the provision of Service or Services from Marketing Greece to the Provider through the Website and which, as the Provider declares, is submitted by authorised person.
14. Party: Μarketing Greece or the Provider.
15. Personal Data: shall have the same meaning as in the General Data Protection Regulation (2016/679) and any replacement or successor legislation;
16. Provider or You or Yours: both Advertised Provider and/or Travel Experience Provider, full details/reference of which are written in Registration Form.
17. Provider’s Website: means the website located at the URL which is written in Registration Form (or any other URL which replaces this URL) and any applications for use on mobile devices which incorporate the same or similar functionality;
18. Registration Form: e-form in which the Provider provides its full information/reference and defines its enterprise(s) to which Marketing Greece’s service will be provided and the Provider’s business e-mail.
19. Sale of the Provider’s Travel Experience: means User’s booking/order/proposal for conclusion of sales agreement with the Provider or the Provider’s provision of service to the User, which is based in the User’s purchase of a the Provider’s service or product, for which Marketing Greece shall receive Contribution, according to the Agreement.
20. Service or Services: the promotion services provided by Marketing Greece to the Provider’s business/businesses through the Website, as defined in the Accepted Order (Promotion Services) or the access services to the Provider’s travel experiences, as defined in detail in these Terms of Use & Cooperation and/or the Accepted Order (Access Services to the Provider’s Travel Experiences).
21. Term: the duration of the Agreement, which is defined in the Accepted Order, which expires at the end of its duration or is terminated by either party.
22. Travel Experience Provider: the enterprise which provides to Users services such as accommodation and/or tour guide and/or transportation and/or entertainment, as well as enterprises which own/exploit restaurants, bars, cafés, full details/reference of which are written in Registration Form.
23. User: the user of Marketing Greece’s Website.
24. Website: means the website located at the URL http://www.discovergreece.com (or any other URL which replaces this URL) and any Marketing Greece applications for use on mobile devices which incorporate the same or similar functionality;
1.6. In the terms of article 1.5 above, where words and phrases are used in the singular, such usage is intended to include the plural forms and vice versa, unless if otherwise stated, while it is explicitly stated that the meaning of the terms of article 1.5 applies only for the following documents:
- Terms of Use & Cooperation,
- Specific Terms that may apply per Service or Services, and
- Accepted Order.
They do not apply for Terms of Use of the Website, Privacy Policy and Cookies Policy, given that some of the above-mentioned terms may have a different meaning.
1.7. Terms of Use & Cooperation and any Specific Terms may be amended from time to time. In any case, Marketing Greece shall notify You about the proposed changes at least fifteen (15) days before the implementation/application of such changes, to allow You to make adaptations to comply with the changes. In case You need to make technical or commercial adaptations to comply with the changes, Marketing Greece shall grant a longer notice period as the case may be. The changes shall not apply before the end of the above-mentioned period (15-day period or longer). We hereby inform you that you have the right to terminate the Agreement with Marketing Greece before the expiry of the notice period. Such termination shall take effect within (15) days from Your receipt of the notice. Such termination right does not release You from your obligation to pay to Marketing Greece the Contribution for Services provided up to the date of the termination.
Τhe notice period set out in the above paragraph does not apply where Marketing Greece has to change exceptionally the Terms of Use & Cooperation and the Specific Terms to address an unforeseen and imminent danger related to defending the Services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.
2. SCOPE – PROVIDER’S REGISTRATION - PROCEDURE, RESTRICTION, SUSPENSION, TERMINATION
2.1. Scope, Provider’s Registration & Procedure
2.1.1. You, the Provider, may submit an Order to Marketing Greece, which you can find online in the following link: https://www.discovergreece.com/providers-order-provision-promotion-services and proceed to negotiation of its terms with Μarketing Greece. The submission of an Order by You does not automatically constitute an acceptance by Marketing Greece and consequently does not oblige Marketing Greece to provide Services to You. Marketing Greece shall examine the Order and has the right, following negotiations with You, to accept the Order, sending you the Accepted Order, or to reject Your Order. Following the submission of the Order by You through the Website (with or without amendments by Your side) and the explicit acceptance by Marketing Greece of the Order, the latter shall be deemed an Accepted Order, which is then legally binding for the Parties.
2.1.2. The web-page where the Provider’s enterprise(s) is/are presented shall include (or may include) what has been defined in the Accepted Order, for which You grant to Marketing Greece and according to term 5.2 of the Terms of Use and Cooperation license to use. Following the submission by You of the Accepted Order and the registration by You of your enterprise’s details in the Registration Form, You have to follow the instructions defined in the following link: …
2.2. Restriction, Suspensions and Termination of Services:
2.2.1. If during the Term of the Agreement, the services you provide to Users do not comply with the criteria set out by Marketing Greece and do not fulfil Marketing Greece Standards, Marketing Greece has the right to restrict, suspend or terminate the provision of Services according to the following procedure.
2.2.2. Prior to the restriction or the suspension of the provision of Services, Marketing Greece shall provide You with a written statement of the reasons for that decision.
2.2.3. Prior to the termination of the provision of Services, Marketing Greece shall provide You with a written statement of the reasons for that decision, at least 30 days prior to termination taking effect. The notice period shall not apply where Marketing Greece:
a) is subject to a legal or regulatory obligation which requires it to terminate the provision of the services in a manner which does not allow it to respect that notice period; or
b) exercises a right of termination under an imperative reason;
c)You, the Provider, have repeatedly infringed the Terms of Use & Cooperation and/or the Specific Terms
2.3. Termination of the Agreement by Provider
Apart from reasons explicitly provided in these Terms of Use & Cooperation, You have the right to terminate the Agreement due to Marketing Greece’s breach of the Agreement, providing Marketing Greece in writing a 15-day period to cure the breach. If Marketing Greece cures the breach, the Agreement shall continue to be in force. In case you legitimately terminate for cause, the above-mentioned period does not apply, and you have the right to terminate the Agreement with immediate effect.
2.4. Each party may terminate this Agreement with immediate effect in case of an Insolvency Event.
3. LIABILITY - INDEMNIFICATION
3.1. The Agreement sets out the full extent of Marketing Greece's obligations and liabilities regarding Services. The content of the Website and Services are provided on an “as is” basis, without any guarantee, expressed or implied, by Marketing Greece by any means.
3.2. With the explicit reservation of its rights, Marketing Greece does not guarantee, assumes no liability (civil or penal) and/or obligation, unless if otherwise stated in the Agreement, for any damage/loss that might occur to You and your enterprise caused by the use of the Website and/or the Users. Marketing Greece, to the maximum extent provided by law, assumes no liability under any circumstances and in any case (negligence included) for any Loss:
(a) due to the use/provision of Services and content of the Website (e.g. in the event that the reservation can’t be completed, non-submission of the Provider’s Sale of Travel Experience, for comments and for content posted on the Website by third parties, cancellations) and/or;
(b) due to acts or omissions of any User of the Website and/or;
(c) due to force majeure, unforeseen circumstances and events which are not under the direct control of Marketing Greece, such as: non-availability or errors of the Website and the services provided by the Website (indicatively and not exclusively: non-availability of the internet, electricity blackout, hardware failure, telecommunications failure) or for other technical reasons or for reasons regarding the technical maintenance of the Website;
(d) due to illegal acts, omissions and errors of third party providers and third parties (indicatively and non-exclusively: lack of safety/non-compliance with bugs, software viruses, corruption, third party’s manipulation or amendments of the Website without Marketing Greece’s consent);
(e) due to information and material available on the Website which is provided and/or licensed by third parties or has been collected by third party sources, which are not controlled by Marketing Greece;
(f) due to comments and/or content published on the Website by the user or any user;
To the maximum extent permitted by law, Marketing Greece’s liability towards the Provider for Loss is excluded. It is agreed that direct damage shall not exceed the Contribution.
You agree to indemnify, defend, and hold Marketing Greece harmless from and any liability, loss, damages, claim and expense (including attorney’s fees) related to Your violation of the Agreement which caused Loss to Marketing Greece.
3.3. You explicitly agree and acknowledge that You as the Provider have exclusive liability towards Users regarding the provided services by You to them, given that Marketing Greece is not a seller or a reseller of any of your services or an agent of yours or distributor of yours. You agree to keep Marketing Greece harmless in case any User turns against Marketing Greece for non-performance and/or poor performance by You of Your Services to any User.
3.4. You agree that Μarketing Greece has no liability towards You for Loss in case of:
(a) non-performance and/or poor performance and/or non-appropriate performance and/or late performance of the Services, if any of the above-mentioned is attributed to Your acts or omissions and/or is attributed to acts or omissions of third parties,
(b) force majeure, unforeseen circumstances and events which are not under the direct control of Marketing Greece.
It is explicitly agreed that Μarketing Greece has no liability for the implementation and effectiveness of the Services.
It is agreed that Μarketing Greece does not promise or guarantee any increase in bookings, in the Provider’s Sales of Travel Experience, in the Provider’s Website traffic, as a direct or indirect result of the Agreement and in general any effect/result in the provision of Services.
4. WARRANTIES/REPRESENTATIONS
4.1. The Provider, in addition to any other warranty/representation in the Agreement, declares, warrants and guarantees to Marketing Greece and acknowledges that throughout the Term of the Agreement, assures that:
(1) The Provider has the legal capacity to execute the Agreement.
(2) The Provider is the owner and/or the licensee of Intellectual Property Rights and Content by virtue of a valid and in force license, which shall be in force throughout the term of the Agreement, and shall keep Marketing Greece harmless in case anyone turns against Marketing Greece due to infringement of Intellectual Property Rights and/or Content, otherwise the Provider shall obtain all the necessary licenses and/or third party consents until the date of the execution of the Agreement.
(3) The Provider’s Content is accurate, true and complete and does not infringe third parties’ rights, as indicatively, Intellectual Property Rights, personal data, rights on personality and is legitimate. The Provider has the exclusive liability for the Content and all the information published in the Website for the provision by Marketing Greece of Services and has the exclusive liability for the correctness of such information and the renewal of prices/charges, the availability, the bookings etc. The Content is non-confidential and therefore Marketing Greece has the right to use, copy, reproduce, distribute, disclose it to third parties also through the Website for the scope of the Agreement.
(4) Μarketing Greece is not liable towards anyone (the Provider included) for any Loss attributable to Content.
(5) There is no outstanding agreement or commitment to which the Provider is a party or any legal impediment of any kind known to Provider which conflicts with this Agreement or might limit, restrict or impair the rights granted to the Provider hereunder.
(6) The Provider’s business to which the Services are provided by virtue of the Agreement and the Provider’s Website is legitimate according to Greek and EU legislation, especially legislation on health and safety of its customers and personnel, legislation on Personal Data, consumer legislation, e-commerce legislation, legislation on package travel and linked travel arrangements (if applicable), has obtained all the needed permits/licenses for its legitimate operation.
(7) It shall comply with Marketing Greece Standards.
(8) It shall not infringe in any way Marketing Greece’s Trademarks and Intellectual Property Rights and/or Intellectual Property Rights of third parties that are used on the Website. Marketing Greece’s Trademarks can only be used following a prior written license of the latter, in which the time, scope and content of the use are defined.
(9) It shall apply and comply with Technical Specification of Marketing Greece, if needed for the provision of Services by virtue of the Agreement.
4.2. The Provider represents, warrants, acknowledges and guarantees to Marketing Greece that the timely and adequate delivery to Marketing Greece of the Content and/or the registration and uploading of the Content in the Website, as provided in the relevant pages of the Website and according to the instructions, is of utmost importance and a prerequisite for the timely and adequate, according to the Agreement, provision of the Services by Marketing Greece to the Provider. Marketing Greece has no liability for non-performance and/or late performance and/or poor performance and/or non-adequate performance of the Services in case Provider has not provided correctly the above-mentioned.
5. INTELLECTUAL PROPERTY RIGHTS, PROVIDER’S LICENSE
5.1. Unless stated otherwise, the content of the Website, including Intellectual Property Rights, is Marketing Greece’s and/or third parties’ exclusive property and protected by Greek law, EU law and international treaties and agreements. Consequently, you accept and understand that you do not have the right to use, copy, extract, re-utilise, sell, resell, distribute, download, upload and/or commercially exploit, present to the public in any way any content or parts of the content of the Website for any reason, unless you have the prior written consent of Marketing Greece, of the third party, of the owner or licensee.
You acknowledge and accept that you have no right to reproduce, copy, sell, resell and/or exploit commercially in any way, in whole or in part, the content of the Website, with the explicit reservation of Marketing Greece’s rights regarding the exercise of its claims and rights against the Provider who infringes this very term in any way.
5.2 GRANTING BY THE PROVIDER TO ΜARKETING GREECE LICENSE TO USE THE PROVIDER’S INTELLECTUAL PROPERTY RIGHTS & CONTENT
With this Agreement, the Provider grants Marketing Greece a non-exclusive, irrevocable, worldwide, royalty-free, unlimited license to use Intellectual Property Rights and Content for the scope of this Agreement, which is the provision of the Services to the Provider by Marketing Greece. This license includes the right to reproduction, distribution, amendment and in general the right to use the above-mentioned. It is explicitly agreed that Μarketing Greece has the right to sublicense the Intellectual Property Rights and Content. Specifically, it is agreed that Intellectual Property Rights and Content can be used on the Website and/or on third party’s platforms or websites and applications, social media for the scope of the Agreement from Marketing Greece or third parties, if this is necessary for the scope of the Agreement, which is the provision by Marketing Greece of the Services (indicatively: it is necessary for the scope of the Agreement the granting of sublicense of Intellectual Property Rights and the Content to Trip Around Ιnc, its affiliated enterprises and subcontractors for the provision by virtue of the Agreement of the Access Services to the Provider’s Travel Experiences). Marketing Greece accepts the granting of the license. The Provider declares, acknowledges and guarantees that in case of termination of the Agreement with Marketing Greece, the termination will only affect future use of Intellectual Property Rights and Content and the use already being made before the termination of the Agreement. It is also agreed that Marketing Greece has the right to use the Provider’s Intellectual Property Rights and Content for marketing and publication reasons.
6. ACCESSING THE WEBSITE
6.1. You are prohibited from using the Website to harm others and their rights in any way, indicatively Intellectual Property Rights, right on personality and personal data. You are prohibited to destroy, deactivate, overload or cause damage to the Website, to use non-authorised means for amending the content of the Website or to intervene in its operation in any way. You are prohibited from using the Website for illegal actions. You are prohibited from using the Website for non-requested advertisements and promotional activities of your company and spam e-mails. In case you have access in other websites via the Website, it is presumed irrefutable that Μarketing Greece has no liability for the content and in general for anything associated with these websites.
6.2. In any case, You unconditionally acknowledge and accept that You are exclusively liable for any damage or breakdown the might be caused to the Website and to third parties, irrespective of the specific cause or its type, as a result of any breach by You, directly or indirectly, of any term of this very article, while you agree to fully compensate Marketing Greece for any Loss resulting from such breach.
6.3. The use of the Website and its services requires that you, the user, are 18 years old or older, you have legal capacity and in case you use the Website’s services on behalf of another person, you declare and guarantee that you have their authorisation and consent.
6.4. In case you face any problem during your navigation on the Website, please send an e-mail to [email protected]
7. CONFIDENTIALITY
Each party shall treat as confidential the Confidential Information obtained from the other pursuant to this Agreement and shall not divulge such Confidential Information to any person (except to such party’s own employees and then only to those employees who need to know the same) without the other party’s prior written consent provided that this clause shall not extend to information which was rightfully in the possession of such party prior to the commencement of the negotiations leading to this Agreement, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) or which is trivial or obvious.
8. COMMENTS BY USERS
Marketing Greece assumes no liability for any content posted by any user against the Provider’s Website and against the Provider, while it reserves the right to remove comments violating the applicable laws.
9. APPLICABLE LAW, JURISDICTION & OTHER PROVISIONS
9.1. The Agreement is subject to Greek law.
9.2. Any dispute arising from these Terms of Use and the Website will be submitted to the Courts of the City of Athens, which have exclusive competency over any other venue. The exclusive jurisdiction of the Athens Courts includes interim measures, temporary restraint orders and disputes arising from tort.
9.3. If any of the provisions of the Agreement cannot be applied for whatever reason or are against the law, this shall not affect the validity of the remaining provisions.
9.4. Τhe Agreement is provided in Greek and English In case of discrepancies the Greek version shall prevail.
9.5. Marketing Greece’s delay to enforce any of its rights or to exercise any right, shall not be considered as a right waiver in any case.
9.6. The Parties agree that all terms hereof are essential.
9.7. The rights contained in the Agreement are cumulative. The exercise of a right shall not exclude the exercise of other rights provided by the Agreement and/or law.
30.4.2020