Ogólne warunki użytkowania
TERMS AND CONDITIONS OF USE AND SERVICE
ALL VISITORS/USERS/CUSTOMERS OF CarFlexi ARE PERMITTED TO VISIT/USE/BOOK ON AND VIA OUR WEBSITE SOLELY SUBJECT TO FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE NOTE THAT, ALL LINKS HEREIN ARE AN INTEGRAL PART OF THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO UPDATE AND/OR REVISE THE CONDITIONS AND TERMS HEREIN. THEREFORE, PLEASE CHECK OFTEN FOR ANY UPDATES AND AMENDMENTS.
IF YOU HAVE ANY QUESTIONS OR NEED FOR FURTHER CLARIFICATIONS RELATING TO THESE TERMS AND CONDITIONS PLEASE CONTACT US.
OUR PRIVACY POLICY AND COOKIE POLICY ARE AN INTEGRAL PART OF THESE TERMS AND CONDITIONS. PLEASE VISIT: Privacy Notice and Cookie Policy
GENERAL INFORMATION – USE OF OUR WEBSITE
Herein we specify the Terms and Conditions, in other words the rules, for the use and browsing of our website and for our Vehicle Booking system for third party services offered via CarFlexi and our Call Centre, including, at all times, any and all services made available within our Vehicle Booking System.
The User / customer of our site means the, registered or not, buyer of our services while anyone who just browses is understood as a simple visitor.
The browsing and general use of our website is governed by the terms and conditions as described herein and in our Privacy Policy. The terms here are in accordance with all relevant and applicable EU, Swiss and Greek legislation and we make every effort that they are comprehensive, clear and understandable at all times to our visitors / users / customers.
The browsing and general use of the website presupposes the full acceptance of the terms set forth herein. Therefore, if you disagree with any of the terms of use as described herein and / or the Privacy Policy, either from the outset or at any time, you should discontinue all related browsing/use/bookings.
We reserve the right to unilaterally modify /add and/or renew the terms of use at any time and at regular intervals, without prior notice to users and visitors of the site by unilaterally updating these terms and conditions. Thus, you are strongly urged to visit our terms and policies regularly, as your knowledge and understanding of such terms and policies are a strong prerequisite to your browsing/use/booking. Any such use of our website means that you consent to all of our terms and policies.
Following the relevant unilateral modification / addition and / or renewal, the browsing and / or general use of the site will take place only after full acceptance of the changes by visitors / users/ customers, whose acceptance will be presumed unreservedly if they browse and /or use the site. Therefore, as you visit and study our terms of use, please contact us in case any term is not understood.
If, for any reason and mainly due to technical difficulties, it becomes temporarily impossible for you to access our website and all or part of our services, we will not be liable in anyway and you will not be eligible for compensation. We retain, for reasons that may be required by law, the right to restrict access to our website and/or to withdraw our services. Please be advised that, when and if our website becomes temporarily unavailable you will always find our contact details visible on your screen at CarFlexi.
We may modify, suspend or discontinue services from CarFlexi at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of our content without notice or liability.
You are responsible for obtaining and maintaining any equipment or ancillary services necessary to connect to, access or otherwise use CarFlexi, including, but not limited to modems, hardware, software, and long distance or local telephone services.
Our website can be used and visited only by physical entities and the legal representatives of legal entities.
Our services and specifically our booking system is intended only for adults. In case an unsupervised minor uses our booking system it is the responsibility of his/her supervising adult.
Since most of our communications are realized via emails, users/customers are responsible to provide the correct contact details and keep them up to date.
ALL VEHICLE BOOKINGS VIA CarFlexi, ARE ALSO SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY EACH THIRD PARTY SUCH AS CREDIT CARD COMPANIES, BANKS, PROVIDERS OF SAFE ONLINE MONETARY TRANSACTIONS /PAYMENTS, VEHICLE/CAR RENTAL/HIRE COMPANIES.
Therefore, you should familiarize yourself with the terms and conditions of service of our third party partners, affiliates and providers. Especially you must and you should familiarize yourself with the terms of the specific vehicle/car rental/hire companies associated with your individual booking with us, mainly because it is of absolute importance for you to understand and unconditionally accept that our liability is absolutely limited to the validity of your booking and it ends as soon as you appear before the third service provider to initiate and then conclude your separate contract with them which covers all incidents and behavior between you and the third party provider, i.e. the vehicle/car rental/hire company of your choice.
GENERAL LEGAL PROTECTION OF CONSUMERS
According to EU law the following apply: (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. (2) A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract. Where any seller or supplier claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him.
Therefore, should you regard any of our terms and conditions herein contrary to good faith and fairness and you need to negotiate specific clauses of these Terms and Conditions please do so in writing via email as it becomes apparent that, we need to be able to prove individual negotiation should you deem it necessary.
DEFINITIONS
Booking System: a digital or otherwise system via CarFlexi or/and our Call Center that gives our users/customers the ability to:
Search vehicle rental/hire options, compare offers and prices, book a vehicle rental/hire, pay via a third party provider of a safe environment for payments, purchase and/or book vehicle insurance
Please note that, our booking system can, if given your consent, offer personal suggestions for a vehicle rental/hire and relevant insurance via geolocation that can identify the user's/customer's electronic device and read the IP address and browsing data
User/Customer: any natural or legal person or organizational unit without legal personality, which has legal capacity under the law, using the Booking System or the Call Center.
Voucher: Booking information sent to the User/Customer upon conclusion of a booking/confirmation that a booking is concluded
Call Center: our booking system via telephone communications operating subject to the Terms and Conditions herein
Supplier: a provider of services offered to the user/customer via our booking system
Car Rental Provider: an entity providing the Vehicle rental/hire via our booking system
E-mail address: an active, correct electronic mail address of the user/customer.
Service fee: a non-refundable fee for our booking services, collected by CarFlexi or the Supplier/Car Rental Provider as well as a voluntary fee for any Protection service
Payment card: a payment instrument which enables making orders of deposit, transfer and withdrawal of cash using a specialized entity responsible for the safety of such payments
Advertisements/links: All advertisements and third party links on our website lead to third party businesses and websites. These third party businesses and websites are visited and used subject to those third party businesses and websites Terms and Conditions. For these purposes it is absolutely irrelevant whether the aforementioned third parties are our partners and/or affiliates.
PRIVACY POLICY – COOKIES
Our privacy and cookies policy is part of our terms and services. In order to be acquainted with, familiarize yourself with and understand our respective policies please visit: Privacy Notice.
BOOKING AGREEMENT
We provide vehicle reservation services via our own search and reservation system that we own and operate via our website (hereinafter "website")
By using the services provided on our website you accept these Terms and Conditions and you enter into a Booking Agreement with us
The Booking Agreement is concluded when (a) you book a service on our Website and at the same time (b) funds are available on your Paypal/bank account/credit/debit card that has been charged accordingly and, additionally (c) the selected supplier/car rental provider approves the service.
The service provided by our Company for to the Booking Agreement includes information regarding available suppliers/car rental providers, sending the User/Customer's reservation preferences (type of car, location, reservation date and time) to the particular supplier/car rental provider and sending booking information (hereinafter Voucher) to the User/Customer via email if the preferred supplier/car rental provider has informed the Company that the particular booking (hereinafter Service) has been confirmed.
The User/Customer undertakes to pay the Company for its Service regardless of whether the car rental takes place or not (eg. canceled by the supplier/car rental provider or the User/Customer). The price of the Service and the car rental price are indicated separately or in total (depending on the chosen type of payment) on the Website and in the Voucher sent to the User/Customer via email by the Company. Please do not hesitate to contact us in case of confusion regarding the price of our Service and the price set by the Supplier/Car Rental Provider
Subsequently, it becomes apparent that the User/Customer when entering her/his payment details (or making a payment using PayPal) in the appropriate manner resulting to the relevant payment being approved, simultaneously expresses his/her wish to conclude the Booking Agreement, thus, the booking agreement is then concluded and cannot be revoked after a confirmation Voucher is sent to the User's/Customer's email.
The User/Customer is obliged to read these terms and conditions before concluding a Booking Agreement with our Company on our Website and before payment. Please contact us via email should you need any further clarification/information before accepting these Terms and Conditions
Upon payment of/and our services you have no right to withdraw payment
Our Company does not own and/or operate or otherwise administer any of the Car Rental Providers, we do not offer our cars.
CONCLUSION OF YOUR CONTRACT TAKES PLACE UPON PICK UP from your chosen location and with your chosen Car Rental Provider and extents further (as an individual contract) up to the time you deliver the rented vehicle to the agreed location when it is concluded between you and your chosen Car Rental Provider.
YOU MUST CLEARLY DISTINGUISH BETWEEN THE BOOKING AGREEMENT WITH US AND THE CAR RENTAL SERVICE AGREEMENT. Thus, you should read and understand the terms and conditions of your chosen car rental provider before booking with us and again, ask for the terms when you pick up the vehicle.
We have no responsibility whatsoever for the Car Rental Provider's terms and conditions, however, when booking with us you accept the particular Car Rental Provider's terms and conditions. Should you have trouble locating those terms and conditions please seek our help (contact us). Our company only provides an introductory service and, upon your acceptance, books your chosen vehicle from your chosen Car Rental Provider solely with whom you conclude the Car Rental Agreement.
When booking a vehicle make sure that you meet all the driver's requirements, such as age limit, acceptable driver's license etc. We have no responsibility if, at pick up, it becomes apparent to the Car Rental Provider, that, the driver does not meet the specific criteria.
When booking with us please note that vehicle pictures are only indicative whilst you mainly choose a specific vehicle class and there is no guarantee that you will pick up a specific vehicle model or vehicle manufacturer. Should there be no vehicles of your chosen vehicle class available you will be provided a vehicle of a higher class at most cases, however, depending on availability, you may be provided a vehicle of a lower class in which case the price due to the car rental provider will be adjusted accordingly.
Upon booking with us you will receive your voucher as soon as your chosen Car Rental Provider confirms with us, in most cases there is an instant confirmation and in any case no later than your pick up date and time.
PAYMENT(S)
We accept payment via credit/debit cards and PayPal. We are not responsible or accountable for any fees charged by your bank.
Payments to us are always made according to the monetary unit mentioned on our booking offer. Payments to the supplier/car rental provider are made in pick up point's local currency and maybe subject to relevant variations. We, the company, are not responsible for such discrepancies due to currency conversion(s) and/or any independent price agreement(s) between the user/customer and the supplier/car rental provider.
Your credit/debit card may be requested to be approved for pre-authorization, especially in cases of requested extras or a possible (refundable) security deposit. Please note that, detailed information for each individual payment will be provided to you with the terms of each individual offer.
The chosen Supplier/Car Rental Provider may use any, some or all methods of payment(s). Therefore, the User/Customer has to check/read the payment methods of the chosen supplier/car rental provider prior to making the booking or arriving to pick up the car. Alternatively, the User/Customer can request this information from us should she/he have any relevant difficulty
According to our agreement with the chosen supplier/car rental provider your conclusion of booking with us may consist of a payment including the following charges:
We may charge only for our Service(s) when making a booking and the user/customer may have to pay for the remaining car rental price, as well as for any chosen mandatory extras and additional services, directly to the supplier/car rental provider at vehicle pick up point
We may charge for the full price of the car booking, including the price of our Service(s) and that of the Supplier/Car Rental Provider (total payment in advance)
We may not collect any payment from the User/Customer upon booking. In such a case the User/Customer pays the full car rental price including our fee, as well as for any extras and/or additional services chosen by her/him, directly to the Supplier/Car Rental Provider at the pickup point. (full payment on arrival)
Payment of our service(s) include the booking fee and the fee for any of our Protection services (if added to the booking). The fee of the chosen supplier/car rental provider is independent of our aforementioned fees. Our fee is usually not depicted on your independent agreement with your chosen supplier/car rental provider.
Please note that, your full payment for our service(s) and the service of the supplier/car rental provider is included in our final price offer to you on our website and your payment in order to conclude your booking. It is important for the user/customer to understand that, agreeing to our full price offer agrees and accepts to pay for our Protection services (if added to the booking), however, she/he can waive the relevant service before proceeding to payment on our website.
The user/customer agrees and accepts the terms of our Protection packages (if added to the booking) that are an integral part of these terms and conditions
LIMITATION OF LIABILITY
The user/customer must present the following original documents at pick up point (for any additional such documents will inform you via the Voucher and terms of booking) :
- The Voucher
- A driver's license valid in the country of pick up
- An International Driving Permit where and when such permit is required by the laws of the country of pick up and/or by the Car Rental Provider
- A valid ID card or passport
- A valid credit card and sufficient credit card in the designated (primary) driver's name
We shall not be held responsible and we shall no refund any amount paid to us in any of the following circumstances (such as but not limited to):
There is a failure to provide any of the above documents (or requirements mentioned on the voucher and terms of booking) when picking up the vehicle
If you do not show up to pick up the vehicle or you show up late
If you decide to return the vehicle in less days to the days booked with us
If the Car Rental Provider inform us that you used or are willing to use the vehicle against the Provider's rental terms
If you show up at pick up point appearing to be under the influence of alcohol or any other drugs
If you do not inform us immediately should any problem (even the smallest one) arise at pick up point
If you agree to any additional charges with the Car Rental Provider, such as but not limited to, additional rental days, additional insurance, additional driver allowed
If the Car Rental Provider imposes charges due to violation of the Provider's rules
If there is a reasonable delay at pick up point
We are not liable for any discrepancies between the price displayed via this booking engine and the amount charged by your credit card or debit card due to the rate of exchange used.
Our liability, if any, is limited to the amount paid to us. To the fullest extent permitted by law we are not liable for any express or implied warranties regarding the services/products booked with us. We do not provide car rental and/or any transportation services and as such we cannot be held liable for any personal injury or damage resulting from your contract with the Supplier or/and Car Rental Provider NOR ARE WE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL LOSS AND/OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR MATERIALS OFFERED AND/OR BOOKED THROUGH US.
We are not liable for any loss or damage due to your use of third party links on our site or any loss/damage due to your use when transferring to any other digital/internet environment other than CarFlexi
CANCELLATION – REFUNDS
Cancellation Policy
Please note that, you can always cancel your reservation and we will always fully refund you, as long as you do so 48 hours prior to your pick up date and time, via our My Booking page on our site
However, should you wish to cancel your reservation in less than 48 hours prior to your pick up date and time we will still refund any amount charged for your booking retaining only a 50 € cancellation fee.
Advance payments of less than 50 € will not be refunded for cancellations made in less than 48 hours prior to your pick up date and time
Please be advised that, we do not refund any amount whatsoever for a No Show (you do have to show up for your pick up on the exact time referred on your booking ticket) or failure to produce the correct documentation (voucher, driving licence/s, credit card etc.).
COMPLAINTS AND RESOLUTION
Our website is designed to prevent issues but we do understand that difficulties arise from time to time.
For any concerns whilst the booking is in rental please contact the local provider directly. (Their number will be on your voucher).
For finished rentals, complaints are handled via email only. All related documents must be forwarded to: contact us
We aim to resolve complaints within 40 days but depending on the nature it may take slightly longer.
CarFlexi is able to only consider complaints that reach them within 40 days of the final day of rental to which the rental voucher refers.
Actions against CarFlexi are restricted to the laws that occur within the jurisdiction of the local courts of Switzerland and Greece.
CarFlexi will not fail to comply with all regulations in force by legal authorities.
Actions against our car rental providers are restricted to the governing laws within the jurisdiction of the car rental's country courts.
INTELLECTUAL PROPERTY - INTELLECTUAL PROPERTY CLAIMS
We are the owner of or hold a license for all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright law. All such rights are reserved.
You must not use any part of the content on our site for purposes other than personal use without obtaining a license to do so from us or our licensors.
We respect the intellectual property of others. If you believe that your own, or of any third parties, intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us
FORCE MAJEURE
We shall not be held responsible for any breach to our agreement, such as delay of performance or no performance, if such delay or failure to perform come as a result of circumstances or causes beyond our control "force majeure events". Such circumstances and events may include, but are not limited to, acts of God, flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil riots, wars, threat of war, armed conflicts, the imposition of sanctions, and embargos.
APPLICABLE LAW AND COMPETENT COURTS
Under these terms and conditions of use should a court resolution become necessary the Laws of Switzerland and Greece will be applicable and the Swiss and Greek courts will be competent to try such court cases since our Company operates in Switzerland and Greece and the user/customer will accept services in a country different to his/her place of residence.