TERMS OF SERVICE
TERMS OF SERVICE
AUGUST 27, 2017
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH “Unique Destination Ltd.” OFFERS YOU ACCESS TO THE www.privatetransfer.gr PLATFORM.
www.privatetransfer.gr to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for www.privatetransfer.gr (the “ www.privatetransfer.gr Platform”) is a web service owned and operated by Unique Destination,Ltd., a Greek corporation, whose principal office is located at 44, Leof. Vas. Amalias, Athens, 105 58. This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and (“Unique Destination Ltd.,” “We,” “Us” or “Our”)
“Unique Destination Ltd.” is willing to license, not sell, the www.privatetransfer.gr Platform services to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the www.privatetransfer.gr Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then “Unique Destination Ltd.” is unwilling to license the www.privatetransfer.gr Platform services to You.
The www.privatetransfer.gr Platform provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with persons driving to or through those destinations (“Drivers”). For purposes of this Agreement, these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern Your use of and participation in the www.privatetransfer.gr Platform.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference before You use any of the Services. By using any of the Services, You become a Participant in www.privatetransfer.gr and a User of Services available on the www.privatetransfer.gr Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS www.privatetransfer.gr OR REGISTER FOR THE SERVICES PROVIDED BY www.privatetransfer.gr . We may amend this Agreement at any time by posting the amended terms on the www.privatetransfer.gr Platform. If We post amended terms on the www.privatetransfer.gr Platform, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the www.privatetransfer.gr Platform. This Agreement may not be otherwise amended except in writing signed by You and “Unique Destination Ltd.”
Unique Destination Ltd. DOES NOT PROVIDE TRANSPORTATION SERVICES AND “Unique Destination Ltd.” IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE www.privatetransfer.gr PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE www.privatetransfer.gr PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE www.privatetransfer.gr PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. Unique Destination Ltd. OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER BUT DOES NOT —AND DOES NOT INTEND TO— PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING THE www.privatetransfer.gr PLATFORM.
www.privatetransfer.gr reserves the right to fully refund any user and cancel the corresponding request for transportation in case that no driver is willing to provide the transportation service. This can happen due to absolutely no availability on the specific date and time, wrong fare applying or any other reason.
www.privatetransfer.gr facilitates pre-payment via PayPal, and transfers the money (minus the Administration fee) to the Driver. The Administration Fee is currently set at 5 euros per ride but can change without any previous notice and according to the company’s will. The Driver is solely responsible for providing a printed receipt to the Rider and abiding with local tax regulations on the income generated by the www.privatetransfer.gr Ride. We do not hold any responsibility whatsoever for tax compliance of the driver with local tax authorities.
Refunds. The full amount of the Charge (including the Administrative Fee), is charged immediately following completion of such election to the Rider’s authorized PayPal account and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Rider’s decision to terminate usage of www.privatetransfer.gr , our decision to terminate a Rider’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
Promotional Offers. www.privatetransfer.gr , at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. www.privatetransfer.gr may change its Administrative Fee as we deem necessary for our business. We encourage You to check this Agreement periodically if You are interested in keeping abreast of the rate of our Administrative Fee.
Facilitation of Payments. All Charges, as applicable, shall be facilitated through PayPal, www.privatetransfer.gr ’s third-party payment processing service.
We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Driver(s) or Rider(s).
THIS IS AN UNOFFICIAL SUMMARY OF www.privatetransfer.gr ’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.
TERM AND TERMINATION
This Agreement is effective upon use of the www.privatetransfer.gr Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the www.privatetransfer.gr Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the www.privatetransfer.gr Platform is terminated, this Agreement will remain in effect.
Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the www.privatetransfer.gr Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
Unique Destination Ltd. owns and retains ownership in the www.privatetransfer.gr Platform, and all intellectual property therein. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the www.privatetransfer.gr Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of www.privatetransfer.gr and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Unique Destination Ltd. that replace and/or supplement the www.privatetransfer.gr Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable the www.privatetransfer.gr Platform to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to www.privatetransfer.gr
E-mail communications sent from Us or through Us are designed to make Your www.privatetransfer.gr experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. www.privatetransfer.gr reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications, please do not use the Services.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The www.privatetransfer.gr Platform contains (or You may be sent through the www.privatetransfer.gr Platform or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the www.privatetransfer.gr Platform or any Third Party Applications, Software or Content posted on, available through or installed from the www.privatetransfer.gr Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the www.privatetransfer.gr Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the www.privatetransfer.gr Platform.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the www.privatetransfer.gr Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the www.privatetransfer.gr Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the www.privatetransfer.gr Platform or the Services by persons under the age of 18 in violation of this Agreement.
www.privatetransfer.gr only offers a venue that enables drivers and riders to match with each other. www.privatetransfer.gr does not offer transportation services and www.privatetransfer.gr is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the www.privatetransfer.gr Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the www.privatetransfer.gr Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by www.privatetransfer.gr or the www.privatetransfer.gr Platform.
The www.privatetransfer.gr Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. www.privatetransfer.gr assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. www.privatetransfer.gr is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the www.privatetransfer.gr Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH www.privatetransfer.gr , OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF www.privatetransfer.gr OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF www.privatetransfer.gr OR THE SERVICES, OR INTRODUCED TO YOU VIA www.privatetransfer.gr OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
www.privatetransfer.gr has no responsibility whatsoever for the actions or conduct of drivers or riders. www.privatetransfer.gr has no obligation to intervene in or be involved in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each rider and driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. www.privatetransfer.gr may but has no responsibility to screen or otherwise evaluate potential riders or users. Users understand and accept that www.privatetransfer.gr has no control over the identity or actions of the riders and drivers, and www.privatetransfer.gr requests that users exercise caution and good judgment when using the services. Drivers and riders use the services at their own risk.
In the event that You have a dispute with one or more Users, You agree to release www.privatetransfer.gr (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the www.privatetransfer.gr Platform or the Services.
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if: You breach this Agreement or the documents it incorporates by reference; We are unable to verify or authenticate any information You provide to Us; We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject www.privatetransfer.gr or You or any other User to regulation by any regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the www.privatetransfer.gr Platform or the Services.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the www.privatetransfer.gr Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration under Greek law. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND www.privatetransfer.gr ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to www.privatetransfer.gr ’s business, operations and properties (“Confidential Information”) disclosed to You by www.privatetransfer.gr for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of www.privatetransfer.gr in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to www.privatetransfer.gr with regard to any Confidential Information which You can prove was in the public domain at the time it was disclosed by www.privatetransfer.gr or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of www.privatetransfer.gr ; becomes known to You, without restriction, from a source other than www.privatetransfer.gr without breach of this Agreement by You and otherwise not in violation of www.privatetransfer.gr ’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to www.privatetransfer.gr to enable www.privatetransfer.gr to seek a protective order or otherwise prevent or restrict such disclosure.
You and www.privatetransfer.gr are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to www.privatetransfer.gr shall be given by certified mail, postage prepaid and return receipt requested to www.privatetransfer.gr at 44, Leof. Vas. Amalias, Athens, 105 58, and any notices to You shall be provided to You through the www.privatetransfer.gr Platform or given to You via the email address You provide to www.privatetransfer.gr during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.privatetransfer.gr during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at email@example.com
This Agreement shall be governed by the laws of the Greece without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by www.privatetransfer.gr in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and www.privatetransfer.gr with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
DATA WE COLLECT FROM YOU
In order to operate the www.privatetransfer.gr Platform and to provide You with information about products or services that may be of interest to You, We may use “personal information” (i.e. information that could be used to contact You directly (without using the www.privatetransfer.gr Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with www.privatetransfer.gr and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your www.privatetransfer.gr account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories: “non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the www.privatetransfer.gr Platform; and “public information”, which consists of all other demographic information. Please note that nowhere on the www.privatetransfer.gr Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
HOW WE USE PERSONAL INFORMATION
We use Your email address and Your other personal information to help Us efficiently operate the www.privatetransfer.gr Platform, to contact You in connection with Your transactions and other activities on the www.privatetransfer.gr Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with www.privatetransfer.gr ). These types of communications are known as “Operational Communications.”
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the www.privatetransfer.gr Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the www.privatetransfer.gr Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
www.privatetransfer.gr provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. www.privatetransfer.gr gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
OUR SECURITY PRECAUTIONS
www.privatetransfer.gr has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.