THE BEACH ESTATE CORFU GENERAL TERMS AND CONDITIONS OF SALE, version January 01, 2023-Scope, parties, and validity
1.1 Scope: These Terms and Conditions (hereinafter referred to as “T&Cs”) of The Beach Estate Corfu (hereinafter referred to as “the Operator”) apply to any offer, booking, and contracts entered between the Operator and its guests. Unless the parties agree in writing otherwise, any reference to guests’ T&Cs shall be disregarded. These T&Cs are valid as of January 1st, 2023, and may be updated as required, in which case guests shall be informed about any such update on the Operator’s website (www.beachestatecorfu.com). Guest further access and use of Operator services shall then be subject to the latest version of Operator’s T&Cs; provided, however, that any bookings made shall be subject to the T&Cs applicable at the time guest’s booking was made.
1.2 Parties: The contracting parties are The Beach Estate Corfu (“the Operator”), and the guest. Under these T&Cs, the definition of “guest” applies both to the end customer and/or to the agency or company or any other intermediary handling the booking (“Agent”).
1.3 Validity: The contractual relationship begins with the booking confirmation, by which the guest (s) accepts and agrees with these T&Cs. Guest (s) including underage individuals (under the age of 18) as part of the guest group. Any cancellation or changes shall respect these T&Cs. Once the T&Cs are agreed upon, the down payment or the full amount is due (this includes confirmation via email of acceptance and/or electronic signatures). If the Agent acts on behalf of the end guest (s), both are jointly and severally liable to the Operator for the obligations under these T&Cs.
Reservation
2.1 Option: The information regarding a granted option for a tentative booking is binding on both parties, i.e., the Operator and the prospective guest. Assuming the option is not confirmed by a formal reservation and /or payment of such booking the guest/agent within the deadline expressly communicated, the Operator may dispose of the provisionally booked rooms.
2.2 Reservation conditions
2.2.1. Individual guests: Unlike an option, once a booking has been made by a guest and confirmed in writing by the Operator, it is deemed final and binding on the guest and cannot be recovered or changed, unless otherwise expressly provided for or agreed upon in written form by the Operator. Reservations must be guaranteed using a credit card number or a bank transfer and become legally on the Operator’s part only upon receipt of the guest’s cleared funds. If the guest wishes to make any changes after confirmation by the Operator, such changes must be agreed upon in writing by both parties – Operator and guest.
2.2.2 Groups: The guest, in that case, the Agent, is responsible for informing the Operator of the final number of travelers in the group as early as possible, but no later than 10 days before the group’s arrival. In case of guest (s) under the age of 18 and/or special needs individuals, the Operator should be informed.
2.3 Length of stay: The Operator reserves the right to require a minimum number of 4 nights stay from its guests, regardless of the period of the year, including holidays such as Easter, Christmas, and New Year’s Eve.
Stay
3.1 Times of arrival and departure: The room will be made available to the guest from 3 p.m. on the day of arrival and must be vacated by 12 p.m. on the day of departure. Late check-out and/or early check-in is possible upon request and approval by Operator, however; it will be charged accordingly. Any check-out after 6 p.m. will be considered an extra full night. Any check-in before 9 a.m. will be considered
an extra full night.
3.2 Services and amenities: Included and non-included Services are described on Operator’s website, these T&Cs, and email communications between guests and Operator. Overnight Tax per night 0.50 euros, is applied by the Greek Government as of 01.01.2018 (Law 4389/2016 p.53).
3.3 Parking: Outdoor parking is available to our guests free of charge. Please note that the Operator cannot be held responsible for any damage caused to vehicles or theft in the parking area.
3.4 Pets: Guests’ pets are allowed upon prior request – subject to approval. Guest must inform the size, breed, and any kind of special need of the pet to Operator. Guest is fully responsible for the pet’s well-being, day/night care, food, needed supplies, medical needs & documentation, registration, insurance, and any liability involved. The Operator has the right to approve or not approve guests’ pets and to charge higher deposits related to extra cleaning and damages. Notice: Existing Operator’s pets, special cats, are permanent Greek guests living in outdoor garden areas.
3.5 Sauna: The Operator is not responsible for any health issue that may arise from sauna use. Individuals’ minimum age to use it is 12 years old. Parents are responsible and should supervise any teenager from 12 to 18 years old using the sauna facilities.
3.6.1 Dress code: The Operator kindly asks guests to dress appropriately at all times in the common areas of all villas, pool areas, outdoor gardens, beaches, yachts, and boats. The Operator may deny access to guests not following the dress code.
3.6.2 Guest behavior: Guests are requested to conduct themselves appropriately at all times and to comply with the Operator’s procedures and/or requests with regard to conduct and respect for the property of The Beach Estate Corfu, its employees and guests, and their health and safety. Guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of The Beach Estate Corfu or cause offense to other guests or members of staff. According to Art. 8 of Law 1652/1986, the Operator may deny the services to the guests at any time of their stay in The Beach Estate Corfu, in case the guest is:
1. Reasonably sick in a state that he might be a danger to the health of the other guests
2. Is drunk or under drug influence – no exceptions
3. Breaches the Laws (including Law 1652/1986)
4. Or in any case breaches good morals.
The Operator reserves the right to refuse accommodations or services and remove guest (s) and members of the guests’ party from the property if, in the Operator’s reasonable opinion, consider the provisions above listed to have been breached. Where in such case, the Operator shall have no obligation to refund to guest (s) and/or agent for the lost accommodation, other services or any other loss or expense incurred.
3.6.3 Discrimination: It is the policy of the Operator not to discriminate on the grounds of race, color, nationality, creed, sex, marital status, age, ethnic origin, or disability. Guests, employees, and all sub-contractors engaged by or on behalf of the guest are expected to adhere to this policy. The Operator may, without incurring any liability to the guest, remove from the territory of The Beach Estate Corfu, any person or persons offending against this policy.
3.7 Smoking limitation: Indoor smoking is not permitted. Smoking in front balconies, patio, and veranda immediate areas is not permitted. Electronic smoking devices are no exception – are not allowed either. Smoke detectors are in place. The smoking limitations are described for each property and the Operator reserves the right to charge a cleaning fee should the policies be breached. There are plenty of outdoor areas to be used for smoking guests.
4.1 Rates and methods of payment: The contract price is the price established at the time of booking. Prices are charged in Euros (EU) and include value-added tax – Greek VAT.
4.2 Payment methods: The Operator accepts the following methods of payment: cash (under 500 euros maximum), bank wire transfer, Mastercard, and VISA. Cheques are not accepted. Our bank details may be found on each booking offer and invoice. All bank fees and currency exchange fees are the guest’s responsibility. Cash payment under 500 euros is only accepted upon prior agreement by the Operator. The full residual amount, including extras charges up to the last hours, is due at the latest hour at the time of the guest’s departure.
Definitions of payment terms
5.1 Deposit for damages: A deposit for damages distinct and separate from the accommodations deposit must be prepaid for any potential damages. The amount will be defined by the Operator, and it will be refunded by bank transfer or card upon normal verification after check-out within 7 business days if there are no damages or the outstanding amount due. The Operator reserves the right to require an additional amount during the guest’s stay if in case observes any damage caused to the property, exceeding the deposit amount. The damage deposit is also required for complimentary stays like Vouchers, Free stays, competition winners, etc. This amount must be paid either upon reservation or pre-authorized on a credit card, or at the latest upon check-in by card.
5.2 Advance payment for APA – Food & Beverages: The advance payment towards guests’ APA – Advance Provisioning Allowance, is a prepayment towards the shopping time, selection, organization, and contacts for the food and beverages. Kitchen facilities, grills, pizza oven, chef, and additional staff are extra charges per meal usage preparation. Only the Operator’s suggested staff might be allowed to use the facilities to prepare and serve guests. Guests’ options for food and beverage range from a wide variety of selections of fish, seafood, meat, poultry, and daily fresh and organic produce. The Operator will provide guests with the daily shopping/supermarket receipts plus a 15% commission will be charged for shopping time. Additional staff and operations/facilities charges will be defined by the Operator on guest’s needs, in particular chef(s) and butler(s) services – breakfast, lunch, dinner, extra meals, and party.
Cancellation, Changes, and Payment conditions
6.1 Payment terms: Down payment of 50% is due at the time of booking to confirm the reservation and the remaining amount is due 30 days prior to arrival. Any booking within 30 days of the check-in date is due in full at the time of booking. Once the down payment is completed, no cancellation is possible. Date changes are possible up to 30 days prior to arrival subject to new rates and possible penalties. Changes must be in written form via email sent to the Operator – Local Greek standard hours from 8 a.m. to 5 p.m.
6.2 Cancellation for outsourced services: The Operator will re-invoice to guest (s) any cancellation fee of outsourced services in anticipation of guests’ arrival. Including outsourced community professional services that have been requested by guest (s), i.e., massage therapist, yoga teacher, manicure/pedicure, outdoor activities, butler, chef, musicians, boat rental, etc.
6.3 Cancellation clause by Operator: The booking agreement may be canceled as of right by the Operator, without giving rise to the payment of damages to the guest, in case of Force Majeure or if the Operator becomes inoperable in accordance with commonly accepted hotel industry standards, due to a cause not attributable to the Operator. Particularly in cases of late opening or non-opening because of natural disasters, road closures, government restrictions on public health pandemics, and in the case of non-payment by the guest. In all the above-mentioned cases except the last one, the payment made by the guest shall then be fully refunded within 7 business days of such cancellation.
6.4 No-show by guest (s): The full amount is due, and no refund or credit will be given back.
Responsibilities
7.1 The Operator’s responsibility: The Operator refuses to accept any liability for theft or damage to personal property brought in by guests, event participants, and/or third parties. Insurance of exhibits and other items brought in by guests, event participants, and/or third parties is the item owner’s responsibility. All suites bedrooms are equipped with a small safe, however; it’s the guest’s responsibility to use it. The Operator is liable only for direct damages suffered as a consequence of deliberate or grossly negligent contractual or non-contractual conduct. Any further liability particularly for minor or medium negligence or for indirect damage such as, in particular, loss of profit, shall be ruled out. The Operator is not responsible for any accident within its properties, including with electric golf cart, water sports equipment, pool, beach, garden areas, Yacht, and boats.
7.2 Responsibility for outsourced services: The Operator refuses to accept any liability for any activity, excursion, and transportation that is outsourced for the guests. The Operator will organize any request from the guest, as long as they are legal and ethical. The Operator will do its utmost to fulfill guests’ requests, subject to limitations preventing fulfillment – especially in July and August months. The Operator will not organize nor pre-pay for any medical or professional services but only put the guest in touch with the requested professional. Any liability linked to contacts for any kind of medical or professional services is excluded. The present limitation of responsibility covers in particular The Beach Estate Corfu villas, an electric golf cart, water sports equipment, a pool, a beach, garden areas, yachts, boats, and outsourced services which are requested by guests.
7.3 The Guest’s responsibilities: The guests are solely responsible for any and all destruction, damage, or harm caused by either the guest or a person or any person accompanying the guest under the guest’s responsibility and the guests must consequently make full repayment of any repair and replacement costs. Guests must follow the rules of using the facilities of The Beach Estate Corfu, take care, and not
put themselves or anyone at risk. Pool and recreation area: Prior to using the pool, the guests should use the pool shower to wash off soap, shampoo, oil, and body cream. Diving, running near the edge, and jumping are not allowed in a pool of 1.5 meters deep or swimming under the influence of alcohol or /and drugs. Any type of glass cups or glass bottles, for safety reasons, are not allowed in pool and recreation areas, and beaches. In case of an accident due to the guest’s own negligent conduct, the guest waives the right to claim any compensation whatsoever from the Operator. In addition, the guests’ caregivers of minors must always be present to supervise the minors and caregivers are responsible for any accident caused to the children/minors or to the third parties and for any damages that the children/minors cause. Consequently, all members of guests’ parties waive their right to claim any compensation from the Operator.
The guest is obliged to keep peace and order, and the Operator will not tolerate any verbal or physical abuse towards its guests, staff, and partners. Note that “events and private parties” must only be done within the limit of the noise regulations set by the local authorities, and it is the guest’s full responsibility to be aware of these including any potential legal fees and or fines. The Operator will not tolerate any disturbance to local neighbors. Guests shall indemnify the Operator in full against all claims under civil or public law that are made against the Operator by authorities or third parties, including event participants, guests, or the guest’s employees and contractors, as a result of their event and for any other corresponding losses.
The guest is also responsible for having all insurance in cases of illness, including
COVID-19/Omicron/Viruses, and accidents during their stay. Guests are expected to inform the Operator regarding their vaccination status. Guests are responsible to follow updates on the Greek government rules and safety protocols to protect themselves and others. As a last resort, the Operator reserves the right to expel a guest (s) without refund, and or to report it to the authorities.
8.1 Data protection: Rights to privacy are important to us. The Beach Estate Corfu shall use guests’ information to provide them with the required services. The guest personal data provided to the Operator and its partners shall be used solely for the purposes and shall not be sold, leased, exchanged, or made available in any other form to third parties apart from The Beach Estate Corfu and its partners, in and outside of Greece. We undertake to treat guests’ data in accordance with the European Union Federal Data Protection Act (FADP). As part of the booking process, guests’ personal data are relayed abroad, where it is stored and processed. Personal data may be stored, relayed, and processed abroad in accordance with EU data protection legislation.
8.2 Data liability: The Operator would like to point out that data transmission via the internet through email communication, may involve security gaps. In this context, the Operator and its partners cannot guarantee absolute protection of guests’ personal data against third-party access. The Operator cannot accept liability for data transmission via the internet.
8.3 Right to information: The guest has the right at all times to receive information free of charge on the guest’s personal data stored about them, the origin and recipients thereof, and the purpose of the data processing, as well as a right to correction, blocking or deletion of these data, provided storage thereof is not required by law. The guest may address the Operator in writing via email regarding this and other questions on the subject of personal data.
8.4 Communication via messaging platform: The Operator shall not accept any liability regarding privacy or loss of data for the use of messaging platforms including but not limited to, WhatsApp, WeChat, and others. This includes any of the guest’s employees or agents that are communicating with the Operator before, during, and after the stay.
9 Applicable law and jurisdiction: Subject to mandatory statutory requirements, the legal relationship between the Operator and the guest is governed by Greek law.
Any dispute arising out of or related to these T&Cs shall be submitted to the exclusive
jurisdiction of Corfu, Greece. The place of performance of the contract and payment shall be Corfu, Greece.
10 Severability clause If any of the provisions of this T&Cs are found to be null and void (not valid), the remaining provisions of this T&Cs shall remain valid and shall continue to bind the Parties.
Special limitations to The Beach Estate Corfu
11.1 Inclusions limitations: Specific terms agreed and binding between the Guest and the Operator shall be found on the initial offer and invoice (s) as well as any written exchange between the parties. Any additional request that may not be handled by the Operator’s in-house staff will be outsourced and invoiced to the guest accordingly. Any indoor furniture or outdoor party set up charges (e.g., pool area and beach area) will be invoiced if it requires more than 2 hours of work at a rate of 100 euros per hour. Any damage caused by the furniture removals is at the guests’ risk and shall be refunded to the Operator.
11.2 Outsourced services invoicing: All outsourced services will be charged from local professionals directly to guests. The Operator chooses to not invoice and to not participate in any commission, but only to refer to guests the best possible local community professionals. The Operator shall not be responsible, nor can it guarantee the expected quality of local professional services like concierge, chefs, cooks, kitchen assistance, butler, housekeeping, babysitting, massage, manicure, pedicure, yoga, tours guide, outdoor activities, swimming, and others requested by guests. The Operator will suggest the names of the best professionals, and will not pre-pay any services for guests; however, only connect the guest with professionals. Any liability to the Operator linked to contacts for outsourced services is excluded.
11.3 Food and Beverage limitations: A house staff team may be suggested and chosen by the Operator. Any specific request will be charged accordingly. Guests with special needs, restrictions, diet, and allergies are required to inform the in detail to the Operator at least 10 days prior to arrival. Any type of meal prepared by a team using the facility will be an extra charge in addition to the groceries that will be charged at purchase cost plus a 15% commission fee for shopping time. The Beach Estate Corfu in-house chose alcoholic beverages and soft drinks are charged according to the Operator’s price list. In the exceptional case when the guest wants a specific alcoholic beverage, coffee, tea, or water, but the Operator cannot provide it, guests are allowed to bring it in-house. Guest must send a written email request to Operator at least 3 weeks in advance prior to arrival for special request approval.
11.4 Housekeeping limitations: Twice per week 9 am thru 1 pm included on prices. Additional hours/days are an extra charge. Daily fresh towels for shower/beach and change of sheets are once per week.
11.5 Transportation liability: The Operator has no liability in the transportation services outsourced, including injuries, accidents, death, delays, and consequences that arise.
AGREEMENT: The above “Terms & Conditions” are in AGREEMENT between Operator and Guest (s) – including individuals under the age of 18 years old as part of a group in the booking.