Terms of use

Terms of use

 

Tourmie is a Private Company, with the name “Tourmie Private Company”, headquartered in Heraklion, Crete, at 1 Archanon Street, with Tax Identification Number (TIN) 801967939 and Tax Office of Heraklion, as legally represented by Stelios Christakis, with Tax Identification Number (TIN) 132345233, provides the Tourmie application and any related applications, websites, content, products, and services under the following terms and conditions, which are legally binding for all users thereof. For this reason, you are invited to read the following carefully and use the offered services only if you agree with the following terms:

By accessing and using the Tourmie application and any other related service of ours, you agree that you are legally bound by these terms and conditions, as well as the privacy policy that you can find here. If you disagree, please do not install our application or delete it immediately from your device and do not use it in any way. Furthermore, you accept additional terms for the completion of a specific activity within the framework of using our services (for example, acceptance of the terms of use and privacy policy of the Stripe platform, which are available here). The additional terms are made known to you so that you can accept them explicitly and they constitute an integral part of the present Terms of Use. We have the ability to modify the terms of use at any time. The modified terms take effect from the date of their publication on our website and in the application. Any access or use of the Services after the publication of the modified terms constitutes acceptance thereof, as modified.

The Tourmie application belongs to, is operated by, and is offered for your personal use and not for commercial use, and it is not permitted to resell, distribute, copy, track, download, or otherwise distribute any content or information, products or services that are available through it for any commercial or other competitive activity. All content, including, but not limited to, trademarks, logos, symbols, website names, industrial designs, images, photographs, background images, icons, navigation tools, text, and other, of the present Software or related products and goods that appear, are protected by intellectual property rights and belong to the first contracting party or to third parties authorized by us for the development of Tourmie activities. The user agrees to respect our intellectual property rights and acknowledges that the intellectual property in the Software may not be used in any way and in any medium without our prior written permission.

  1. Definitions and Description of Our Service

Hosts: Businesses that provide accommodation services or individuals who own a hotel or tourist accommodation/apartment that is available for rent for tourist purposes.

Service providers: Businesses that provide any type of services accompanying the stay.

Guests: Guests who, through the application, seek and make reservations for the provision of offered services.

1.2 Tourmie is an online concierge application where hosts can easily and efficiently organize and manage all of their external collaborations with travel service providers, as well as provide reliable and personalized services to their guests. Through the application, we provide you as guests with the ability to see which travel service businesses are connected and collaborate with the accommodation/host where you are staying, and to discover, search, compare, book, purchase, and pay for products and services based on your personal preferences.

1.3 Tourmie provides only the service of mediation, that is, it acts exclusively as an intermediary between you and the Service Provider and does not sell, rent, or offer any product or other service. Thus, by choosing a specific service offered by a business/Service Provider that collaborates with your Host, you enter into a legally binding contract with that business, which is committed to providing the service you purchase with the terms and final price that appears in the application. Our company is not responsible in case of poor execution of the agreed service or non-execution of it by the Service Provider.

1.4 All the information we publish in our application regarding the services offered, as well as regarding the details of hosts and guests (including the description of the services offered, their availability, and prices) is based on information provided to us by users. Therefore, users are fully responsible for providing us with updated information, especially regarding their availability, so that it is displayed up-to-date at all times in the application. All changes, updates, modifications, and updates to the information will be made exclusively by users and at their own risk using the tools of the Tourmie application and any other method indicated by us after relevant communication with us. Each user retains responsibility at all times for the accuracy, completeness, and correctness of the information displayed on Tourmie.

1.5 Although we reserve the right to process or even exclude any information given by a user, if it is found to be inaccurate, incomplete, misleading, or violates the terms of use of our application, we are not able to verify or guarantee that all information is accurate, complete, or correct. For this reason, we are not liable for any errors (including typographical errors), any interruptions (due to any (temporary or/and partial) breakdown, repair, maintenance, or upgrade of our software or for any other reason), inaccurate, misleading, or false information, or non-delivery of information.

2. Account Creation – Acceptance of Registration Terms

2.1 To use the services of Tourmie, you must create an account in our application. When you register, you must complete the registration form with all the required fields. The required fields include your name, surname, email address, phone number, and a password. Further personal information may be requested when selecting, booking, and paying for a specific service. For example, in the case of renting a car, driving license details are requested.

2.2 The application is intended exclusively for adults who have full legal capacity. If the use of the application by a minor is detected, we will immediately delete the account and its data. In any case, we do not bear any responsibility for the restoration of any damage resulting from the use of our application by a minor.

2.3 By creating an account, you agree and undertake to provide true, accurate, complete and up-to-date information in the registration form and to ensure that you update them when required. We are not in a position to verify or guarantee that all information is accurate, complete or correct. However, as Tourmie, we reserve the right to process or even exclude any information provided by a user if it is found to be inaccurate, incomplete, misleading or violates the terms of use of our application. We may even refuse your registration or terminate our cooperation without prior notice to you and without you having the right to compensation from the refusal, exclusion or cancellation of your registration.

2.4 You are solely responsible for maintaining the confidentiality of the password you have chosen during your registration on Tourmie, and we bear no responsibility for any damage resulting from the disclosure of your password to third parties by you or from the use of your password by a third party to gain access to your account. In the event of loss of the password, our application provides the possibility of recovery using the declared email address by the hosts and subsequently communicating with the contracting party.

By agreeing herewith, you acknowledge that you accept responsibility for all activities carried out on your account, even if performed by unauthorized third parties due to your failure to safeguard the confidentiality of your account. The contracting party is not liable for the restoration of any damage (material or moral) resulting from your failure to comply with these obligations, while you may be held responsible for any damages caused to any other user of the application if you do not keep your account credentials secure.

2.5 By accepting this, you commit to using the application in compliance with the applicable legislation, the terms of use of the application, and the Privacy Policy. You agree to refrain from using it for commercial purposes, illegal purposes, with the intention of harm, disruption, or in any way hindering the functioning of the application by transmitting harmful or malicious programs, viruses, etc. It is prohibited to attempt in any way to access the accounts of other users, to circumvent security measures, and you are obligated not to provide defamatory, indecent, threatening, or other inappropriate information.

2.6 The contracting party does not guarantee that the Tourmie application will be compatible or interoperable with your mobile device or any other hardware, software, or equipment installed or used in connection with your mobile device or computer. Tourmie requires and uses phone services, data access, and text messaging capabilities. Charges may apply for mobile phone, data, and text message usage, and you are responsible for all these charges.

  1. Reservation by Guest / Payment

3.1 When choosing to make a reservation and purchase a specific service from a particular Service Provider through the Tourmie application, you will receive a reservation confirmation. This confirmation will include reservation dates, the number of days, the type of committed service, your details (full name, father’s name, address, or additional information necessary for the execution of the service, such as driver’s license details, etc.), and any questions. Our contracting company is not responsible for the accuracy and completeness of reservation information, dates, and other details.

3.2 Upon proceeding with a specific reservation through our application, you agree to pay for all the services you purchase. Depending on your choices, your debit/credit card or payment service (e.g., PayPal) may be charged, including taxes and any applicable fees, payable by or related to your account. You commit to entering the correct information and declare at your own responsibility that you are a legal holder, beneficiary, and user of the bank account you declare, ensuring that payment and money transfer to it are feasible and in accordance with applicable law. You are responsible for the valid payment of all the services you purchase and are obligated to provide a valid debit/credit card or payment service for the charges corresponding to the services you choose each time.

3.3 Payment Execution: The payment execution for the reservation is undertaken by the Stripe platform, subject to the terms and conditions on its page, which you are required to carefully read and explicitly accept as part of this agreement. With the completion of the reservation by the customer, the funds corresponding to the selected service fee are charged to the guest’s/guest’s card, the details of which are entered on the Stripe page, where you automatically go during the progress of the reservation through Tourmie. The payment process or the use of Stripe’s software will be subject to the terms, conditions, and privacy compliance of Stripe and your credit card issuer in addition to these Terms.

3.4 Only the Stripe platform stores, processes, and uses the credit/debit card details of the guest/guest, to which neither the contracting party, hosts, service providers have any access nor can they be subject to any processing by them. Our company is not responsible for errors made by Stripe. We will process the relevant details of each transaction solely in accordance with the privacy declaration terms and only for the purpose of confirming the reservation and executing the selected service.

3.5 The reservation is charged based on the final price offered through the Tourmie application, including taxes, VAT, and all kinds of national, municipal taxes, and fees. All amounts, the price per service, as well as commission rates of involved parties, are calculated in euros. The service provider will not burden the guest with an additional charge for the specific service purchased, except for cases of additional options chosen by the guest or additional services related to the main service (e.g., late departure/early arrival charges, extra service for an additional person, breakfast) offered by the Service Provider with any additional charge, which is reflected in the final price accepted by the guest upon completing the reservation.

3.6 The total amount of the reservation is equal to the multiple of the price offered per unit of the offered service or per day of the offered service, depending on its nature, and the number of units and days of the reservation of the service chosen by the guest, including all kinds of taxes, fees, contributions, as well as VAT. The final price is accepted by the guest upon completing the reservation through the Tourmie application for the selected service and the chosen time. The final price may include any additional options or additional services related to the main service (e.g., late departure/early arrival charges, extra service for an additional person, breakfast) offered by the Service Provider and accepted by the guest for each individual reservation with any additional charge.

3.7 By creating an account on Tourmie, Hosts, Service Providers, and guests accept the above-described transaction execution method, as well as the cancellation policy outlined below. The commission of Tourmie is calculated based on the confirmed reservation, as made by the guest and sent to the Service Provider through our application.

  1.  Legal Relationship Between Guest and Service Provider – Complaints – Failure to Provide Service

4.1 The confirmation of the reservation signifies the immediate creation of a legal relationship between the guest and the service provider. The service provider undertakes to fulfill the reservation in full compliance with the information entered into the Tourmie application regarding the described service, its quality, and its price at the time of the reservation. Additionally, the service provider is obligated to perform the service as promised to the guest in case of inquiries or additional preferences communicated by the guest and accepted by the service provider.

4.2 Any complaints, demands, or special requests from guests regarding the service provider are handled by the service provider. Tourmie has no obligation to respond to complaints, demands, and disclaims any liability related to the service provided by the customer. However, at its discretion, Tourmie, through the Tourmie application, may offer services to guests or provide alternative services of similar or higher quality in cases of overbooking or other complaints. While Tourmie does not assume any responsibility for the provision of the promised and reserved service to the guest in terms of time, manner, and quality, Tourmie has the right to offer assistance in any way it deems necessary for better communication between the guest and the service provider.

4.3 In the event of a valid claim by a customer for the refund of a certain amount, Tourmie may notify the service provider of the existence of the claim and any details provided to Tourmie. Under no circumstances does Tourmie get involved in the dispute between the service provider and the customer, and Tourmie bears no responsibility for the execution of the obligations of the aforementioned parties.

4.4 The service provider is not allowed to cancel any reservation made through the Tourmie application. In cases where fraud is discovered through the use of a credit/debit card or any other impediment, Tourmie is entitled to cancel the relevant reservation, withhold or cancel the transfer of the corresponding amount to the service provider, and consequently to the host, following their prior notification.

4.5 In the event of non-provision or non-performance of the reserved service by the service provider, the service provider does not receive the agreed-upon fee, which is refunded to the guest, minus the 3% commission corresponding to the use of the Tourmie service (including the transaction fee of the Stripe platform).

  1. Cancellation Policy

5.1 Tourmie’s guests can review the cancellation policies offered by service providers for each service before making their reservation to be aware of their rights. It is emphasized that in case of any cancellation (simple – flexible – moderate – strict), a 3% fee on the final price corresponding to the commission of the service provided by us is charged normally in all cases (including the transaction fee of the Stripe service).

5.2 Simple Reservation – 24-Hour Cancellation: In the case of a simple reservation, if a guest cancels up to 24 hours before the scheduled service time, as indicated in the reservation confirmation email, the total reservation amount is refunded to the guest, minus a 3% commission on the commission of the service provided by us. In the event of cancellation after this period, the provided service is charged normally.

5.3 Flexible Reservations: For flexible reservations, cancellation by the customer up to one week, or 7 full days, before the scheduled service time, as indicated in the reservation confirmation email, results in a full refund of the money committed to the guest, minus a 3% commission on the commission of the service provided by us. In case of cancellation of a flexible reservation within the last 7 days before using the service, the guest receives a 75% refund of the total reservation amount.

5.4 Moderate Reservation: Cancellation of a moderate reservation by the guest up to 14 full days before the scheduled service date, as indicated in the reservation confirmation email, entails a full refund of the money charged to the guest, minus a 3% commission on the final price charge of the Tourmie service. In the event of later cancellation, the guest receives a 50% refund of the total reservation amount.

5.5 Strict Reservation: In the case of cancellation of a reservation defined as strict by the guest 48 hours before the scheduled service time, the entire reservation amount is refunded, minus a 3% commission on the final price charge of the Tourmie service. If the guest decides to cancel at a later time, the money is not refunded.

  1. Force Majeure Events

6.1 In the event of force majeure, when conditions exist that constitute an obstacle beyond the control of the affected party/contracting party – an unforeseeable event that could not reasonably be anticipated at the time of concluding this agreement and whose consequences could not be avoided or overcome by the affected party with extreme care, making the fulfillment of the terms of this agreement particularly burdensome or impossible, guests can cancel their reservation. Service providers will not collect from guests or refund to them the amount of the reservation that could not be fulfilled or the part of the amount corresponding to the portion of the reserved service that could not be offered. The same obligation regarding the refund and non-charging of the reserved service that could not be provided is borne by the service provider in case of cancellation or change of the reservation due to force majeure, and no additional expenses, fees, charges, etc., will be imposed on guests for non-appearance, reservation, or cancellation. This amount will be refunded in cash or in another form or by transferring the reservation of the same services for a different date, subject to mutual agreement. In the case of reservation cancellation and refund, the agreed-upon commission to the host is not owed, but a 3% fee on the total reservation amount is withheld, corresponding to the commission for the use of the Tourmie service (including the commission for the transaction through the Stripe platform). Every service provider is obliged to inform the contracting party of non-appearance, change, or cancellation of the reservation due to force majeure

6.2 Force majeure events include earthquakes, volcanic eruptions, natural disasters, wars, hostilities of local, national, and supranational dimensions, civil wars, states of emergency, invasion, military actions, terrorist actions, interruption or suspension of airport operations, and government travel restrictions.

6.3 In cases of force majeure events, the above-provided policy prevails over the general cancellation policy. In each case, additional documentation may be requested from the guest to prove the exceptional circumstances by the service provider.

  1. Privacy Policy

In Tourmie’s application and website, you will find the Privacy Policy that governs the use of our application and services by you, and which you explicitly accept upon your registration. All users of the Tourmie application (Hosts, Service Providers, guests) are required to carefully read this Policy to become informed about our practices and details regarding the collection, processing, and storage of personal data by our users.

  1. Display Method – Guest Comments

8.1 The contracting party, on the one hand, selects the method of displaying its tools, application capabilities, business details visible to each registered user of the Tourmie application, as well as the order of displaying Service Providers to guests per host, based on her free judgment. Registered users of the application do not have the right to request a change in their ranking or make any claims respect thereof.

8.2 The contracting party, on the one hand, chooses which information and details will be visible on the account of each cooperating business, depending on whether the account is visible to a Host, Service Provider, or guest, solely based on serving the purposes of Tourmie’s application.

8.3 Guests have the opportunity and are encouraged by the Tourmie application to comment on Service Providers and evaluate the services they use, as well as the service offered by the application. Comments are intended for the exclusive use of the contracting party, which retains all intellectual property rights arising from them. The contracting party has the right to post, publish, reproduce, and use these comments and guest ratings on her electronic page, the Tourmie application, as well as on other pages where it appears, such as on social media profiles.

8.4 Guests are required to be objective in their comments and evaluations. Your comments may be posted on the Tourmie application, its website, on its social media page/profile, for the purpose of informing other users of our services, and may be used and made available in whole or in part by us through any other means, applications, or channels used by us at our discretion and for the purpose of marketing, advertising, promotion, and improving our services.

8.5 It is at the discretion of the contracting party to review, reject, or remove comments containing offensive, illegal, or unethical content. The contracting party is not involved in negotiations or discussions regarding guest comments and disclaims any liability arising from their content and consequences. Guest ratings and comments do not imply further commercial offers or other incentives. Under no circumstances does the contracting party assume any obligation of compensation to any user of the application for any offensive, illegal, or unethical content or for any other damage caused by user comments.

  1. Tax Obligations – Operating License for Collaborating Businesses

9.1 All businesses collaborating with us (hosts, service providers) declare that they operate legally and possess all required licenses, certificates, approvals for legal operation, and provision of their services, as well as the right and authority to contract with the contracting party and provide the rights and powers referred to herein. All businesses collaborating with us (hosts, service providers) are committed to complying with the applicable laws, regulations, and rules of the national legislation to which they are subject.

9.2 Service Providers bear full and exclusive responsibility for complying with their tax obligations and issuing legal documents to the guest.

  1. Application Compatibility with Devices

10.1 The contracting party does not guarantee that the Tourmie application will be compatible or interoperable with your mobile device or any other hardware, software, or equipment installed or used in connection with your mobile device or computer. The contracting party is not obligated to provide support, maintenance, upgrades, modifications, or new versions of the provided application. In the case of the release of upgraded versions, Tourmie may automatically upgrade the electronic version of the application used on your mobile phone or computer. By accepting this, you consent to any automatic upgrades, as well as receiving updates about new features, capabilities, services, and changes to the application, payment methods, billing, etc.

10.2 Tourmie requires and uses phone services, access to data, and text messaging capabilities. Charges may apply through mobile phone, data, and text messaging, and you are responsible for all these charges.

  1. Duration – Compensation Liability – Termination

11.1 This agreement takes effect from today upon your registration and is agreed to be of indefinite duration.

11.2 Each contracting party is responsible for complying with the contractual obligations assumed herein and undertakes the obligation to remedy any damage of any kind caused in the event of a breach of any term hereof.

11.3 Any claims and all kinds of demands from visitors are exclusively handled and satisfied by Service Providers regarding the quality of the provided service, any inaccurate or misleading information, any incorrect reservations, or in case of non-execution of a service, as well as for any act or omission on their part.

11.4 The contracting party has the right to terminate this agreement due to a violation of any of its terms by deleting the account of the other party directly without any obligation of compensation by notifying the other party by email of the reason for this decision based on specific factual incidents at least 30 days before the termination of the agreement and the cessation of the provision of services. The contracting party also has the right to limit or suspend the provision of its services partially concerning the collaboration of the Host with specific or certain Service Providers by providing relevant justification for the decision via email to the Host before or at the beginning of the restriction or suspension of the provision of services. The relevant warning obligation does not apply in cases explicitly exempted from national and European legislation, especially from Regulation 2019/1150 (Article 4, paragraph 4).

11.5 The warning deadline of the previous paragraph does not apply in cases explicitly exempted from national and European legislation, especially from Regulation 2019/1150 (Article 3, paragraph 4): a) when there is a legal or regulatory obligation based on which we are obliged to interrupt the provision of all services to a specific contractor in a way that does not allow compliance with the warning deadline or b) when it is an exercise of the right to interrupt for imperative reasons under national legislation in agreement with EU law, c) we can prove that the specific contractor has repeatedly violated the applicable terms and conditions resulting in the termination of the provision of our services by us. In these cases, we simply provide, without unjustified delay, an explanation of the decision to interrupt the provision of services via email.

11.6 Additionally, in case of a violation of any of the terms herein, as well as in the case of a violation of any other legal obligation, the contracting party may turn against the contracting party claiming compensation for any damage (e.g., direct, indirect, property damage, moral harm, damage to its clientele or reputation) caused to it or to a business collaborating with it or to its employee/representative by an act or omission of the contracting party.

  1. Applicable Law

In case of dispute or any claim regarding the application and our website, Greek law applies, regardless of the nature of the dispute, and the Greek courts are competent, specifically the courts of the region of the Court of Appeals of Eastern Crete, whose jurisdiction you unequivocally recognize.

  1. Conclusion of Convention – Modification of its Terms

This agreement is concluded online or in a PDF format and is valid as genuine, valid, and binding for the contracting parties, who accept, recognize, and agree to its terms and conditions. The validity of this agreement begins with the confirmation of its conclusion by the contracting party by sending an email, without requiring a seal or other marking.

For any modification of the terms herein, a relevant warning email is sent at least 15 days before the date of the modification of the terms to the contracting party, which is called upon to accept the changes, and by accepting them, the new amended agreement is considered to take effect; otherwise, with the expiration of the 15-day deadline.

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