Terms of Service
TERMS OF SERVICE
Last revised: 6 June 2023
Greetings and thank you for your attention! We appreciate that you are taking the time to review the terms of service (referred to as the "Terms").
These Terms, in conjunction with your booking confirmation email (referred to as the "Booking Confirmation"), outline the legal terms governing the availability of Travel Services through our Service. They encompass any interactions or communications you have with us through our Service.
Your use of our Service is contingent upon your acceptance of these Terms. To book a Travel Service, you must also agree to these Terms. If you do not agree to these Terms, kindly refrain from using our Service or booking a Travel Service.
We retain the right to modify these Terms at any time, and your future use of our Service post any changes is subject to your acceptance of the updated Terms. It is recommended that you save or print a copy of these Terms.
In the context of these Terms:
- "we," "us," or "our" refer to LUX HOTEL RESERVATIONS with commercial name HotelsNest.com having its registered office at Ipsilantou 9, Athens 106 75, Greece, which provides our Service.
- "our Group of Companies" includes us, our subsidiaries, and corporate affiliates. - "our Partners" encompasses any affiliated, co-branded, or linked website through which our Group of Companies offers content or services.
- "our Service" pertains to the provision of our websites, apps, and online tools.
- "Travel Services" denotes the travel services made available to you by the relevant Travel Provider(s) through our Service, such as stays at a property.
- "Travel Provider" refers to the travel supplier offering the Travel Services through our Service.
- "you" pertains to you, the traveler, utilizing our Service or making a booking with our Service.
Please read these Terms thoroughly.
Section 1: Rules and Restrictions
In addition to these Terms, other terms and conditions provided by Travel Providers (such as a property’s terms and conditions) also apply to your booking (referred to as "Rules and Restrictions"). To make a booking, you must accept the Rules and Restrictions of the Travel Provider you choose. These encompass payment, refundability, penalties, availability restrictions, use of fares or services, etc. The relevant Rules and Restrictions are presented to you before making a booking and are integrated into these Terms.
Violation of a Travel Providers Rules and Restrictions may result in the cancellation of your booking, denial of access to the relevant Travel Service, loss of any money paid for the booking, and the possible debiting of your account for incurred costs by us or the Travel Provider.
Section 2: Using our Service
Our rules
We offer our Service to help you find information about Travel Services and assist you in booking those Travel Services for personal and non-commercial purposes. It is provided to you for no other purpose.
You agree to:
- Use our Service lawfully and in compliance with these Terms.
- Ensure all information supplied by you is true, accurate, current, and complete.
- If you have an account with us, safeguard your account information and be responsible for any use of your account by you or others.
- If you book on behalf of others, obtain their authorization prior to acting on their behalf, inform them about the terms that apply to the booking (including the Rules and Restrictions), and ensure their agreement to such terms.
- Be responsible for paying any amounts due, making any change/cancellation requests, and handling all other matters related to the booking.
You also agree not to:
- Make any false or fraudulent bookings.
- Access, monitor, or copy any content on our Service using any automated means or any manual process.
- Violate the restrictions in any robot exclusion headers on our Service or bypass measures to prevent or limit access.
- Take any action that imposes an unreasonable or large load on our infrastructure.
- Deep link to any part of our Service.
- "Frame," "mirror," or otherwise incorporate any part of our Service into any other website.
Access
We reserve the right to deny access to our Service to anyone at any time and for any valid reason at our discretion. Additionally, we retain the flexibility to implement improvements and modifications to our Service at any given time.
Sorting Search Results
Our Service offers a variety of travel options, and our goal is to present search results that are highly relevant to your preferences. While the default sort order is visible on the search results page, you have the flexibility to customize your results by choosing your preferred sorting method and utilizing filters, such as price, guest review score, or other criteria. Further details on how we organize search results can be found here.
Commercial Listings
Within your search results, we may feature travel options from our Travel Providers that are paid-for commercial listings. These options are clearly identified with labels such as "Ad" to distinguish them from other travel choices.
Redirection and Third-Party Bookings
If you are redirected from our Service to a third-party booking service (e.g., for car rental), please note that any bookings made through such services are the responsibility of the third-party provider, and not us. We bear no responsibility for bookings made through third-party services, and your rights and liabilities are governed by the terms and conditions of the respective third-party service provider.
Confirmation of Booking
Your Booking Confirmation contains essential details of your booking, including the description of the Travel Service(s) booked and the corresponding price. We will send the Booking Confirmation and relevant travel documents to the email address provided during the booking process. In the event that you do not receive the Booking Confirmation within 24 hours of making your booking, please contact us.
Payment Details
Price: The price of Travel Service(s) is as displayed on our Service, except in cases of obvious errors. Prices for Travel Services are dynamic and subject to change at any time. Price adjustments will not impact accepted bookings, except in the case of obvious errors. We strive to ensure accurate pricing but reserve the right to correct any pricing errors.
Taxes: Prices displayed on our Service may include taxes or tax recovery charges. These charges are generally calculated or estimated before applying any discounts, coupons, or loyalty points. Our Group of Companies does not collect taxes for remittance, except for tax obligations on amounts received (facilitation fees and service fees). Tax recovery charges on Pay Now bookings represent estimated taxes paid to Travel Providers, who are responsible for remitting applicable taxes to relevant jurisdictions.
Local Taxes: In certain jurisdictions, local taxes imposed by authorities may be applicable. Our Group of Companies or the Travel Provider may charge you such local taxes, and you will be notified of these charges before completing your booking.
Payment Processing: When payment is taken at the time of booking in the local currency of our Service, the company handling the payment and charging your payment method utilizing third-party payment processors. Our Privacy Statement outlines details about the utilization of your payment and account information when you choose to have us store a credit or debit card, or any other payment method, for future use. Payment Verification You grant authorization to the applicable company (as delineated in the aforementioned table) or the Travel Provider to:
1. Verify your payment method by securing a pre-authorization, levying a nominal fee, or employing other verification means.
2. Upon successful verification, charge your payment method.
Bank Fees
Certain banks and card issuers may impose fees for international or cross-border transactions. For instance, if you make a reservation using a card issued in a country different from the Travel Provider’s location or opt for a transaction in a currency other than the local currency of our Service, your card issuer might impose an international or cross-border transaction fee. Additionally, some banks and card issuers may charge fees for currency conversion. For example, if you book in a currency distinct from that of your credit card, your card issuer may convert the booking amount to the currency of your credit card and apply a conversion fee.
For inquiries about these fees or the applied exchange rate, please contact your bank or card issuer. Our Group of Companies is not affiliated with or accountable for fees related to fluctuating exchange rates and card issuer fees.
Currency Conversion
Any displayed currency conversion rates on our Service are based on public sources and current exchange rates, which may fluctuate between the booking time and the travel time. These rates are provided for informational purposes only, and while we strive for accuracy, our Group of Companies does not guarantee their precision as they are beyond our control.
Alternative Payment Methods
We may collaborate with alternative payment method providers (such as consumer finance companies) to offer travelers alternative payment options. Our Group of Companies does not endorse or suggest any specific alternative payment provider, its products, or services. We are not responsible for the content or actions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and subject to the provider’s terms and policies.
Fraud
If a booking or account exhibits signs of fraud, misuse, connection with a government-sanctioned individual or entity, or other suspicious activities, we may request additional information from you. If we reasonably determine that a booking or account is linked to fraud or suspicious activities, we reserve the right to:
1. Cancel any bookings associated with your name, email address, or account.
2. Close any related accounts.
3. Pursue legal action, including seeking liability for any losses.
Please contact us regarding booking cancellations or account closures.
Section 5 Cancelling or changing a booking
Cancellation or change by you
Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be made by contacting us. You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking).
Travel Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made. Please read the relevant Rules and Restrictions, so you know which terms apply to your booking. For example:
if you book a stay at a property and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Rules and Restrictions some properties do not permit cancellations of, or changes to, bookings after they are made if you make a Pay Later booking and you do not show up or cancel the booking, the property may impose a no-show or cancellation charge as shown in the relevant Rules and Restrictions and you will be charged the property's no-show or cancellation charge, and if you do not show up or fail to use some or all of the Travel Services booked, refunds may only be due to you in line with the relevant Rules and Restrictions. If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Travel Provider, then, in addition to any charges imposed by the Travel Provider, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.
Other cancellation or change We (and the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.
For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the Travel Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance where possible or a refund.
Refund
Any refunds will be transferred back to you to the payment method you used to make the
original booking. Such refunds will be made by the party that took your original payment.
We do not have visibility of a Travel Provider’s refund process. Our fees are not refundable
unless this is stated otherwise during the booking process.
Section 6 Travel Service specific terms
This Section provides details of the terms relevant to the specific Travel Services provided by
the Travel Provider. These details are not exhaustive and do not replace the relevant Rules
and Restrictions, which are provided to you before you make a booking.
Each Travel Service is subject to the relevant Rules and Restrictions of the Travel Provider.
Please also read this Section which will also apply to your booking as applicable. If there is
any inconsistency between this Section and the relevant Rules and Restrictions, the relevant
Rules and Restrictions prevail.
A. Stays
Our Service may provide you with the option to Pay Now or Pay Later. Room rates (including
any applicable taxes and fees) are displayed to you through our Service under the Pay Now
and Pay Later payment options. Please note that taxes and fees may vary depending on
which payment option you choose. Tax rates and foreign exchange rates may change in the
time between booking and your stay.
Pay Now
If you select the Pay Now payment option, we will charge the booking amount to your
payment method on booking.
Our Group of Companies facilitate bookings made available through our Service. You
acknowledge that our Group of Companies facilitate such bookings for a consideration (the
“facilitation fee”). The room rate displayed through our Service is a combination of the
amount charged by the Travel Provider (for their services for the rental of the room) and the
facilitation fee (charged and retained by our Group of Companies). Our Group of Companies
may also charge and retain separate service fees as additional compensation in servicing
your booking, which may vary based on the amount and type of booking.
You agree that your payment method will be charged by our Group of Companies for the
total booking amount, which includes the room rate displayed through our Service, plus tax
recovery charges and service fees or, where applicable, taxes on the room rate and/or
services provided by our Group of Companies. On making your booking request you
authorize our Group of Companies to facilitate the booking on your behalf, including making
payment arrangements with Travel Providers.
Pay Later
If you select the Pay Later payment option, the Travel Provider typically will charge your
payment method in the local currency at the time of your stay or as otherwise notified to
you during the booking process.
Deposit
Some Travel Providers require a payment card or cash deposit at check-in to cover extra
expenses incurred during your stay. Such deposit is not related to any payment received by
the relevant company (as set out in Section 4 (Payment)) for your booking.
First night no-show
If you do not show for the first night of your stay booking, but plan to check in for the
subsequent nights, please confirm this with us before the original check-in date. If you do
not confirm this, then your whole booking may be cancelled. Refunds for no-show will only
be due to you in line with the relevant Rules and Restrictions of the property.
Group bookings
You may not book more than 8 rooms through our Service for the same property for the
same stay dates. If you book more than 8 rooms in separate bookings, we may cancel your
bookings. We may also charge you a cancellation fee and if you paid a non-refundable
deposit, such deposit may be forfeited. If you want to book more than 8 rooms then please
book through the “Groups and Meetings” section via our Service. You may be asked to sign a
written contract or pay a non-refundable deposit.
Ratings
Ratings shown through our Service indicate what you might expect from properties
displaying that rating level, including (where applicable) through local and national star
rating organizations. These may differ from standards in your own country. Site displayed
ratings do not represent or promise any particular feature or amenity. Additional
information is available in the “Overview” or “Amenities” section of the property details
page. These guidelines are subject to change, and our Group of Companies and our Partners
cannot guarantee the accuracy of any specific rating displayed from time to time through
our Service.
Meals
If meals are part of your stay booking, the number of meals included depends on the
number of nights of your stay. Full board normally includes breakfast, lunch and dinner. Half
board normally includes breakfast and either lunch or dinner. No refunds will be available if
one or more meals are not consumed.
International travel
Although most travel occurs without incident, travel to certain destinations may involve
more risk than others. You must review any travel warnings/advice, etc. issued by the
relevant governments before you book international travel. You should also monitor such
travel warnings/advice during travel and before your return journey to help avoid and
minimise any potential disruptions.
Health
You should check the recommended inoculations/vaccinations which may change at any
time. You should consult your doctor before you depart. You are responsible for ensuring
you:
meet all health entry requirements
receive the relevant/required inoculations/vaccinations
take all recommended medication, and
follow all medical advice in relation to your travel.
Passport and visa
You must consult the relevant Embassy or Consulate for passport and visa information.
Requirements may change so check for up-to-date information before booking and
departure and allow sufficient time for all relevant applications.
Our Group of Companies is not liable if you are refused entry onto a flight or cruise ship (if
applicable) or into any country, due to your conduct, including your failure to carry the
correct and adequate travel documents required by any Travel Provider, authority or
country (including countries you are transiting through). This includes all stops made by an
aircraft or cruise ship (if applicable), even if you do not leave the aircraft or airport or cruise
ship.
Some governments require airlines to provide personal information about all travelers on
their aircraft. The data will be collected either at the airport when you check in or in some
circumstances when you make your booking. Please contact the relevant airline you are
travelling with if you have any questions about this.
Our Group of Companies does not represent or warrant that travel to international
destinations is advisable or without risk and is not liable for damages or losses that may
result from travel to such destinations.
Section 8 Liability
Our liability
We own and operate our Service and the Travel Providers provide the Travel Services to you.
To the maximum extent permitted by law, our Group of Companies and our Partners will not
be liable for:
any such Travel Services that the Travel Providers make available to you
for the acts, errors, omissions, representations, warranties or negligence of any such Travel
Providers, or
for any personal injuries, death, property damage or other damages or expenses resulting
from the above.
The Travel Providers provide us with information describing the Travel Services. This
information includes Travel Service details, photos, rates and the relevant Rules and
Restrictions, etc. We display this information through our Service. The Travel Providers are
responsible for ensuring that such information is accurate, complete and up to date. Our
Group of Companies and our Partners will not be liable for any inaccuracies in such
information, unless and only if we directly caused such inaccuracies (and this also includes
property ratings which are intended as guidance only and may not be an official rating). Our
Group of Companies and our Partners make no guarantees about the availability of specific
Travel Services.
Photos and illustrations on our Service are provided as a guide to show you the level and
type of accommodation only.
To the maximum extent permitted by law, except as expressly set out in these Terms:
all information, software, or Travel Services displayed through our Service are provided
without any warranty or condition of any kind. This includes, but is not limited to, any
implied warranties and conditions of satisfactory quality, merchantability, fitness for a
particular purpose, title or non-infringement, and
our Group of Companies and our Partners disclaim all such warranties and conditions.
The display of Travel Services through our Service is not an endorsement or
recommendation of such Travel Services by our Group of Companies or our Partners. Our
Group of Companies and our Partners disclaim, to the maximum extent permitted by law, all
warranties and conditions that our Service, its servers or any email sent from us or our
Partners are free of viruses or other harmful components.
To the maximum extent permitted by law and subject to the limitations in these Terms,
neither our Group of Companies nor our Partners will be liable for any direct, indirect,
punitive, special, incidental or consequential losses or damages arising from:
the Travel Services,
the use of our Service,
any delay or inability to use our Service, or
your use of links from our Service,
whether based in negligence, contract, tort, strict liability, consumer protection statutes, or
otherwise, and even if our Group of Companies and our Partners have been advised of the
possibility of such damages.
If our Group of Companies or our Partners are found liable for any loss or damage under
these Terms, then, to the maximum extent permitted by law, we shall only be liable to you
for direct damages that were:
reasonably foreseeable by both you and us (or our Partners as applicable),
actually suffered or incurred by you, and
directly attributable to our actions (or the actions of our Partners as applicable),
and in the event of any liability of our Group of Companies and/or our Partners, such liability
will in no event exceed, in total, the greater of (a) the cost paid by you for the Travel Services
in question or (b) one-hundred dollars (US$100.00) or the equivalent in local currency.
This limitation of liability reflects the allocation of risk between you and us. The limitations
specified in this Section will survive and apply even if any limited remedy specified in these
Terms is found to have failed its essential purpose. The limitations of liability provided in
these Terms inure to the benefit of our Group of Companies and our Partners.
Every instance of force majeure, including the interruption of means of communication or a
strike (by airlines, properties or air traffic controllers, as applicable), will lead to the
suspension of the obligations in these Terms that are affected by the force majeure event. In
such a case the party affected by the force majeure event will not be liable as a result of the
inability to meet such obligations.
Indemnity
You agree to defend and indemnify our Group of Companies and our Partners and any of
their officers, directors, employees and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind
or nature (“Losses”), including but not limited to, reasonable legal and accounting fees,
brought by third parties as a result of:
your breach of these Terms or the documents referenced in them
your violation of any law or the rights of a third-party, or
your use of our Service,
to the extent that such Losses are not directly caused by the actions of our Group of
Companies or our Partners (as applicable).
Section 9 Reviews, comments and photos
By submitting content to our Service by email, postings or otherwise, including any property
reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in
any submissions (collectively "Submissions"), you:
confirm that all Submissions you make are your original creation and that you have and will
maintain all rights necessary to allow us to use the Submissions as set out in these Terms,
and
grant our Group of Companies and our Partners as permitted by law, a non-exclusive,
royalty-free, perpetual, transferable, irrevocable and fully sub-licensable through multi-
levels right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative
works from and publicly display and perform such Submissions throughout the world in any
media, now known or later devised.
You also acknowledge and agree that our Group of Companies and our Partners may choose
to use the name that you submit with such Submission to attribute your Submissions (for
example, listing your first name and hometown on a review that you submit) at our
discretion in a non-identifiable format. Such Submissions may also be shared with the Travel
Providers.
You also grant our Group of Companies the right to legally pursue any person or entity that
violates your or our Group of Companies’ rights in the Submissions.
Submissions are non-confidential and non-proprietary.
If possible, you expressly waive any and all ‘moral rights’ (including rights of attribution or
integrity) that may subsist in your Submissions. You agree that you have no objection to the
publication, use, modification, deletion or exploitation of your Submissions by our Group of
Companies, our Partners or any of our other licensees.
You are fully responsible for the content of your Submissions. You must not post or transmit
to or from our Service and agree that any Submissions you make do not contain any content
that:
is unlawful, threatening, libellous, defamatory, obscene, pornographic, or would violate
publicity or privacy rights or any law
is commercial (such as solicitation of funds, advertising, or marketing of any goods or
services, etc.)
infringes, misappropriates or violates any copyright, trademark, patent or other proprietary
right of any third-party, or
is objectionable on the grounds of public interest, public morality, public order, public
security or national harmony.
You will be solely liable for any damages resulting from not complying with the rules above,
or any other harm resulting from your posting of Submissions to our Service.
We may exercise our rights (for example: to use, publish, display, delete, etc.) to any
Submissions without notice to you.
If you submit more than one review for the same property, only your most recent
Submission is eligible for use.
All Submissions must also comply with the following guidelines, as well as any further
guidelines which may be brought to your attention during the content submission process:
On topic – all Submissions must be relevant to property, restaurant, location, or general
travel experiences.
Original – you may only submit your own reviews, photos and other content. Do not submit
content from any other source (personal or commercial).
Non-commercial – do not make any Submissions that include third party trademarks, logos,
branding, images of celebrities or other recognisable people, promotional materials, or any
other content intended for commercial purposes.
No harmful files – do not make any Submissions that contain viruses or other harmful code
that is either intended or may result in damage to our systems and/or those using
them. Comments containing HTML tags or URLs will not format correctly on our site.
Photos - images must be in BMP, PNG, GIF, or JPEG format with a file size of 5 MB or less.
We claim no ownership or endorsement of, or affiliation with, any Submissions made by
you.
Section 10 Intellectual property policy and notices
Copyright and trademark notices
All contents of our Service are LUX HOTEL RESERVATIONS with commercial name
HotelNest.com. All rights reserved. HotelNest.com and the HotelNest.com logo are
trademarks of LUX HOTEL RESERVATIONS. Other logos and product and company
names mentioned herein may be the trademarks of their respective owners. We are not
responsible for content on websites operated by parties other than us.
The Google® Translate tool is made available through our Service to enable you to translate
content, such as user-generated reviews. The Google® Translate tool uses an automated
process to translate text and this may result in inaccuracies. Your use of the Google®
Translate tool is entirely at your own risk. We do not make any promises, assurances or
guarantees on the accuracy or completeness of the translations provided by Google®
Translate.
Our Service may contain links to websites operated by parties other than us. Such links are
provided for your reference only. We do not control such websites and are not responsible
for their content or your use of them. Our inclusion of such links does not imply any
endorsement of the material on such websites or any association with their operators.
If you are aware of an infringement of our brand, please let us know by emailing us at
[email protected]. We only address messages concerning brand infringement at this
email address.
Intellectual property infringement policy and complaints
We respect the intellectual property rights of others and expect our suppliers, partners, and
users (collectively “Users”) to do the same. We have a policy of prohibiting Users from
posting materials that infringe the copyright, trademark rights, or other intellectual property
rights of others, and under appropriate circumstances we will terminate the account of
Users who are repeat infringers.
Patent Notifications:
Our Service and the features and services accessible through it may be subject to one or
more patents owned by us or our Group of Companies. Certain portions of our Service
operate under the license of one or more patents, with other patents currently pending.
Section 11: Software Available on Our Service
Software:
Any Software offered for download from our Service or a mobile app store ("Software")
constitutes the copyrighted work of our Group of Companies or our respective suppliers.
Your use of the Software is regulated by the terms specified in the accompanying end-user
license agreement, if applicable ("License Agreement"). Prior acceptance of the License
Agreement is necessary to install, download, or utilize any Software.
For Software not accompanied by a License Agreement, we provide you with a limited,
personal, non-exclusive, non-transferable, and non-sub-licensable license to download,
install, and use the Software solely for utilizing our Service in accordance with these Terms
and for no other purpose. The Software is provided to you free of charge.
All Software, including HTML code and Active X controls, within our Service is owned by our
Group of Companies, our Partners, or our respective suppliers. Copyright laws and
international treaty provisions protect all Software. Reproduction or redistribution of the
Software is strictly prohibited by law and may lead to significant civil and criminal penalties.
Violators will be prosecuted.
In addition to the above, copying or reproducing the Software to any other server or location
for further distribution is expressly prohibited. If warranted at all, the Software's warranty is
subject to the terms outlined in the License Agreement.
Map Terms:
Your use of mapping services available on our Service is governed by the Google Terms of
Use, Google Acceptable Use Policy, Google Legal Notices, and Google Privacy Statement,
along with the Microsoft Terms of Use and Microsoft Privacy Statement. Google and
Microsoft retain the right to modify their Terms of Use and Privacy Statements at their sole
discretion.
The OpenStreetMap geo data utilized in mapping is © OpenStreetMap contributors and is
made available under the Open Database License (ODbL).
Section 12: Your Privacy and Personal Information
We are dedicated to safeguarding the privacy, confidentiality, and security of the personal
information you entrust to us. Please examine our current Privacy Statement, which governs
your use of our Service and is incorporated by reference into these Terms, to comprehend
our practices.
Section 13: Disputes and Arbitration
Please carefully review this section. It mandates the resolution of all claims through binding
arbitration or in small claims court, precluding the pursuit of class actions or similar
proceedings in any forum. Arbitration is compulsory if your country of residence enforces
arbitration agreements, such as Greece. For claims brought outside Greece but pertaining to
Greece., arbitration is required for determining the applicability of this dispute resolution
section, as well as other threshold determinations like residency, arbitrability, venue, and
applicable law. If your country of residence doesn't enforce arbitration agreements, the
mandatory pre-arbitration dispute resolution, notification, and prohibition on class actions
or representative proceedings still apply to the extent permitted by law.
We are committed to ensuring traveler satisfaction and resolving consumer disputes
promptly. We will investigating and negotiating your claim with our Traveler Support team
and, if necessary. Both parties retain the right to seek relief in small claims court as an
alternative to arbitration.
Agreement to Arbitrate (“Arbitration Agreement”)
You and we mutually agree that any disputes arising from or related to our Service, these
Terms, our Privacy Statement, services or products provided by us or our subsidiaries, Travel
Providers, or companies offering products or services through us, dealings with our Traveler
Support agents, or representations made by us (“Claims”), will be resolved by binding
arbitration, excluding small claims court. This includes any Claims against us, our
subsidiaries, Travel Providers, or companies offering products or services through us. This
Arbitration Agreement also covers third parties, such as spouses, heirs, third-party
beneficiaries, and assigns, if their claims relate to your use of the Travel Services. If any
third-party beneficiary to these Terms brings claims against the entities covered by these
Terms, those claims are subject to this Arbitration Agreement. The arbitrator is responsible
for determining threshold arbitrability issues, including the existence, scope, or validity of
the Arbitration Agreement and any defenses to arbitration.
Small Claims Court Matters
Despite the preceding arbitration provisions, either party may bring or remove any claim in
small claims court if within the court's jurisdictional limit. However, such court cannot
entertain claims on a class or representative basis, consolidate, or join the claims of others.
If the claims asserted in an arbitration demand fall within the small claims court’s
jurisdictional limit, either party may choose to have the claims heard in small claims court,
rather than in arbitration.
No Class Actions or Representative Proceedings
Both parties agree that all proceedings to resolve Claims will occur only on an individual
basis and not in a class, consolidated, or representative action, including as a private
attorney general. The arbitrator may not consolidate more than one party’s Claims or
preside over any form of class or representative proceeding. Both parties acknowledge
waiving their right to a jury trial.
Before initiating arbitration, you must follow a mandatory pre-arbitration dispute resolution
and notification process. This involves informing us of any claims in writing and attempting,
in good faith, to negotiate an informal resolution. To do so, send a written and signed Notice
of Dispute ("Notice") via certified mail to the Legal Department/Dispute Resolution Provision
at Ipsilantou 9, Athens 106 75, Greece. The Notice should include your name, address, the
email used for the reservation, a brief description of your complaint, the desired resolution,
and your signature.
If we cannot resolve the issue within 60 days of receiving the Notice, you may then proceed
with arbitration. It is essential to fulfill this pre-arbitration dispute resolution and notification
process as a prerequisite before starting arbitration. During the dispute resolution process
outlined in this section, the statute of limitations will be paused.
Severability and Continuation
In the event that any part of this Disputes and Arbitration Provision is deemed
unenforceable or unlawful for any reason, (1) that specific part will be separated, and the
rest of the Provision will be upheld in its entirety; and (2) if, as a result, any Claims need to
be pursued collectively, in a consolidated manner, or on a representative basis, such Claims
must be taken to a civil court with proper jurisdiction, rather than being subjected to
arbitration. Both parties agree that the litigation of these claims will be put on hold until the
resolution of any individual Claims through arbitration.
Section 15: General
Applicable Law and Jurisdiction
These Terms are subject to the regulations and law of Greece, irrespective of conflicts of law
principles.
Insurance
Unless explicitly specified, the displayed prices do not cover travel insurance. It is
recommended that you obtain insurance to safeguard against potential cancellations and
specific risks (such as repatriation expenses in case of accidents or illnesses). You are
responsible for ensuring that any insurance policy adequately addresses your needs. We
may present certain travel insurance products, and if so, details about the insurance
provider, pertinent key information, and terms and conditions will be provided through our
Service.
Non-Enforcement
Our failure or delay in enforcing any provision of these Terms does not waive our right to
enforce the same provision or any other provision(s) in the future.
Unenforceable Provisions
If any provision (or part thereof) of these Terms is deemed invalid, illegal, or unenforceable
by a court or competent authority, that provision (or part thereof) may be excluded from
these Terms, if necessary. In such a scenario, the validity and enforceability of the remaining
provisions will not be affected.
Comprehensive Agreement
These Terms constitute the complete agreement between you and us regarding our Service,
superseding all prior or contemporaneous communications (whether electronic, oral, or
written) between the parties.
Assignment
We reserve the right to assign, subcontract, or delegate rights, duties, or obligations under
these Terms, which you are not permitted to do.
Third-Party Rights
Except as expressly stated in these Terms, no part of these Terms is intended to be
enforceable by any person not party to them. Third-party consent is not required for the
waiver, modification, or termination of any part of these Terms. These Terms do not confer
rights on third parties under any applicable laws or regulations.
Survival of Obligations
Any provision in these Terms that expressly or inherently imposes obligations beyond the
expiration or termination of these Terms shall survive such expiration or termination.
Section 16: Registrations
Travel Registrations
LUX HOTEL RESERVATIONS with commercial name HotelsNest.com is a registered Travel
Agency in Greece.
Company registration: 154970853000
Travel Agency registration number: 0727 E600 000 71201
