TERMS AND CONDITIONS

Terms & Conditions apply to all services provided by KAPNOS AIRPORT SHUTTLE LTD, through its website www.kapnosairportshuttle.com.

1 Definitions and Interpretations

1.1 In these Conditions: - “These Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Passenger and the Provider; “The Passenger” means the person who accepts a quotation or offer of the Provider for the sale of Services or whose order for the Services is accepted by the Provider; “The Provider” means KAPNOS AIRPORT SHUTTLE LTD. “The Contract” means the contract for the provision of airport transfer services under these Conditions; “The Service” means the service of transport to or from airports (including any instalment of the service or any multiple services) which the Provider is to supply in accordance with these Conditions.

1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 Conditions

2.1 The Provider shall sell and the Passenger shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Passenger, or any reservation of the Passenger which is accepted by the Provider, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such reservation is made or purported to be made, by the Passenger.

2.2 A contract will only come in to being upon the acceptance of the Provider of the reservation and the following conditions shall be deemed to be incorporated in the contract. The Passenger accepts these terms & conditions by placing a reservation, booking with the Provider via but not limited to the Providers; website www.kapnosairportshuttle.com, via telephone, or via any representative agent.

2.3 The Contract will be subject to these conditions. The Provider reserves the right to revise these terms & conditions at any time without prior notice at its sole discretion. Any revised terms and conditions will be posted on the Providers website and will come into effect immediately after posting.

2.4 No reservation submitted by the Passenger shall be deemed to be accepted by the Provider unless and until confirmed in writing by email telephone or otherwise by an authorised representative of the Provider.

2.5 The specification for the services shall be those set out in the Providers sales documentation unless varied expressly in the Passenger’s reservation (if accepted by the Provider). The service will only be supplied as stated in the Providers price list. Reservations received other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in the website, brochures, price lists or other documents issued by the Provider are intended as a guide only and the contents shall not be binding on the Provider.

2.6 The Provider reserves the right to make any changes in the specification of the services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the services are to be supplied to the Providers specification, which do not materially affect their performance.

2.7 Sub-contracting companies are not authorised to make any representations or claims concerning the service unless confirmed by the Provider in writing by email, telephone or otherwise. In entering into the Contract, the Passenger acknowledges that it does not rely on, and waives any claim for beach of, any such representations, which are not so confirmed.

2.8 No variation to these Conditions shall be binding unless agreed in writing by email, telephone or otherwise between the authorised representations of the Passenger and the Provider.

2.9 Sales literature, price lists and other documents issued by the Provider in relation to the service are subject to alteration without notice and do not constitute offers to sell the service, which are capable of acceptance. A reservation placed by the Passenger may not be withdrawn cancelled or altered prior to acceptance by the Provider. No contract for the offer of service shall be binding on the Provider unless the Provider has issued a quotation which is expressed to be an offer of service; or has accepted a reservation placed by the Passenger, by whichever is the earlier of: -

2.9.1 the Providers written acceptance;

2.9.2 delivery of the service;

2.10 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Provider shall be subject to correction without any liability on the part of the Provider.

2.11 The price of the Service shall be the price listed in the Providers published price list current at the date of acceptance of the Passenger’s reservation or such other price as may be agreed in writing by the Provider and the Passenger.

2.12 The Provider reserves the right, by giving notice to the Passenger at any time before delivery, to increase the price of the service to reflect any increase in the cost to the Provider which is due to any factor beyond the control of the Provider (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the service which is requested by the Passenger, or any delay caused by any instructions of the Passenger or failure of the Passenger to give the Provider adequate information or instructions.

2.13 The Provider reserves the right to use the services of contractors or sub-contractors (herein known as third parties) to provide services to Passengers. Where appropriate details i.e., names, addresses of any such third parties will be provided by the Provider upon any reasonable request and at the discretion of the Provider.

2.14 The departure times of the Provider, as per the published table are strictly applicable; thus, the Provider will not be liable when a Passenger will not arrive for departure on time. In such case, the Passenger will not receive any refund and or compensation.

2.15 All payments that are made in any form other than cash (euro) to the Provider for the provision of service & on any confirmed reservations made with the Provider directly or indirectly may result in a charge of a booking fee which will be applicable at the time of the booking when and if the Provider decides to use this option.

3 Terms of Carriage

3.1 The Provider prices are based on Passengers being ready to travel at the booked time. Passengers must book their airport transfer in accordance with check in times and guidelines provided by their relevant airline.

3.2 Fares quoted are flat rates as published in the website of the Provider from time to time.

3.3 Neither the Provider nor any of its contracted or sub-contracted drivers will accept responsibility for loss or damage to luggage. Passengers are responsible for ensuring that their luggage is loaded/unloaded at all times, if accompanying the luggage on the journey. The Provider & or its contracted or sub-contracted drivers have the right to refuse any Passenger or to make the journey due to the Passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.

3.4 The Provider uses bus and or minibus for the airport shuttle, unless otherwise decided by the Provider. Passenger does not has an option to choose the vehicle, as this is up to the absolute discretion of the Provider.

3.5 The Provider will not carry in its vehicles any of the following:

* Explosives, firearms, flammables, tear gas, mace, pepper spray

* Perishables

* Fragile, breakable, or temperature sensitive items

* Pets, insects, animals (other than registered Guide Dogs for the visually impaired)

* Cash

* Hazardous waste

* Pressurized containers

* Securities and negotiable papers

* Human remains

* Alcoholic beverages, or anything containing alcohol

* Illegal narcotics/drugs

* Airport Shuttles Ltd reserves the right to disallow additional goods at any time

3.5.1 In the instance where unaccompanied luggage is transported, you agree to defend, indemnify, and hold the Provider and its owners, workers, clients, agents, and driver harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to clause 3.5 in its entirety.

3.5.2 In the instance where unaccompanied luggage is transported, the Provider will try its level best to deliver the luggage to the exact destination as booked by the Passenger. If the driver is unable to obtain a signature for the receipt of luggage on such delivery. The driver is within his remit to return the luggage to our head office where storage and additional delivery costs may be incurred.

4 Cancellations / Cancellation charges

4.1 No reservation which has been accepted by the Provider may be cancelled by the Passenger except with the agreement in writing, by email, telephone or otherwise of the Provider and on terms that suitable for the purpose for which they have been booked.

4.2 Cancellation’s must be informed of a minimum of 24 hours prior to the time of travelling by a) the website through the contact us form or b) by email at: [email protected].

4.2.1 There will be a flat fee charge for each cancellation per ticket at the amount of 1Euro.

4.2.2 All cancellations informed 24 hours prior to the time of travelling will qualify for 100% refund of payment made, minus the 1Euro cancellation fee which is relevant to bank charges.

4.2.3 Cancellation’s not informed up to 24 hours prior to the time of travelling cancellation charge incurred: 100% of quoted price for provision of service.

4.2.4 The flight cancellation will not be considered as a valid reason for booking cancellation and in such case no refund will be made, even if the cancellation notice will be made 24 hours prior the travelling.

5 Confidential Information

5.1 The Provider shall have no obligation to disclose to the Passenger any information or take into consideration any information either when making any decision or when it proceeds to any act on behalf of the Passenger, unless otherwise expressly cited in this Agreement and where this is imposed by the relevant Laws, Regulations and directives in force.

5.2 The Provider has the right, without informing the Passenger beforehand, to disclose such details of the Passenger’s transactions or such other information as it may be deemed necessary in order to comply with any requirements of any person entitled to require such a disclosure by law or with any Company obligation to proceed to the said disclosure to any person.

5.3 The Provider will handle all of the Passenger’s personal data according to the relevant Laws and Regulations for the protection of Personal Data, i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Cyprus Law 125(I)/2018. Passenger’s Personal Information may be stored on computed records and will not be disclosed to any third parties, except in cases where the Provider is permitted or requested to do so; (i) to institutions/counterparties with whom the Provider has agreement for the provision of services to clients, (ii) to any regulatory authority and as required by the Law and to any governmental body if such instruction is given (iii) to the Company’s advisors, auditors and other organizations related with the Company

5.4 Privacy Policy at the area of “General Data Protection Regulation” (GDPR) (Regulation (EU) 2016/679: http://www.privacy-regulation.eu/el/) intents to inform all natural persons, either clients, passengers or members of the staff of this company on the protective measures we take for the protection of the secrecy of any data you have entrusted us.

In the context of offering its services, certain personal data are collected to facilitate the company's relationship with the client and to provide the best possible service. The Kapnos Airport Shuttle as a Data Controller is in a decisive responsibility for all processes that occur and relate to personal data.

In the course of our duty to provide your support under this policy, we obtain certain personally identifiable information about you, to facilitate our relationship and offer you the best possible service as they appear in the table below.

The purpose for which we are processing the personal data required, is to facilitate your booking process. 

The purpose of this Privacy Policy is to explain our practices and policies for collecting, using and sharing information and Cookies collected from or about passengers or other physical persons using our services. We have adopted additional policies and procedures that are part of our ongoing product and service support. 

This Privacy Policy applies regardless of whether you are accessing the website via a personal computer, a mobile device or any other technology or devices, or on records we maintain as part of our ongoing business. If you have any questions, you can contact Mrs. Andri Theodosiou through our help center at [email protected].

5.5 The legal basis for the collection of your data is to establish a stable communication stream and to give you the opportunity to count the possible consequences of refusing to render us any or some of the information required. 

5.6 GDPR Regulation and Cyprus Law provides to every natural person a list of fundamental rights regarding the protection of his/her rights. You may exercise any of your rights in relation to your personal data by written notice to Mrs. Andri Theodosiou through our help center at [email protected] in addition to the other methods specified in this section.

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) your request not being found to be unfounded or excessive, in which case a charge may apply;

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a certified officer, plus an original copy of a utility bill showing your current address).

We may withhold personal information that you request, to the extent permitted by law.

We will not process your personal information for marketing purposes, unless we will have your written consent.

The rights you have under data protection regulation sections 7(3), 15 to 21, 77 are:

(a)  Your right to access your data. 

You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. 

• That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. 
• Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period. 
• You may request a copy of your personal data.

The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies

(b)  Your right to rectification.

If we hold any inaccurate personal data about you, you have the right to have these inaccuracies rectified. For the purposes of the processing, where necessary, you also have the right to have any incomplete personal data about you, completed.

(c)  Your right to erasure.

In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: 

• it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; 
• you withdraw your consent to any processing which requires consent; 
• the processing is for direct marketing purposes; and
• the personal data have been unlawfully processed.

However, we will only process it for other reasons: 

• with your consent; 
• in relation to a legal claim; 
• for the protection of the rights of another natural or legal person; or 
• for reasons of important public interest.

(d)  Your right to restrict processing. 

In certain circumstances you have the right for the processing of your personal data to be restricted. This is the case where: 

• you do not think that the personal data we hold about you is accurate; 
• your data is being processed unlawfully, but you do not want your data to be erased;
•  it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and 
• you have objected to processing, and are waiting for that objection to be verified. 

Where processing has been restricted for one of these reasons, we may continue to store your personal data. 

However, we will only process it for other reasons: 

• with your consent;
•  in relation to a legal claim; 
• for the protection of the rights of another natural or legal person; or 
• for reasons of important public interest.

(e)  Your right to object to processing.

You can object to us processing your personal data on grounds relating to your particular situation, but only as far as our legal basis for the processing is that it is necessary for: 

• the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or
• the purposes of our legitimate interests or those of a third party. 

If you make an objection, we will stop processing your personal information unless we are able to: 

• demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or 
• the processing is in relation to a legal claim.

(f) Your right to object to direct marketing.

You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will immediately stop processing your personal data for this purpose. 

(g)  Automated data processing. 

To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and machine-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others.

(h)  Your right of complaining to a supervisory authority.

If you think that our processing of your personal data infringes data protection laws, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

(i)  Your right to withdraw consent.

To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6 General Applications

6.1 The Provider shall not be liable to the Passenger or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Providers obligations in relation to the Service, if the delay or failure was due to any cause beyond the Providers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Providers reasonable control directly or indirectly: -

6.1.1 act of God, explosion, flood, tempest, fire or accident;

6.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

6.1.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

6.1.4 traffic accidents, traffic hold ups, traffic congestion;

6.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or of a third party);

6.1.6 flight delays, flight cancellations;

6.1.7 power failure or breakdown in machinery including computer systems.

6.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

6.3 Except as expressly provided in these Conditions, the Provider shall not be liable to the Passenger by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Passenger (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Provider, its servants or agents or otherwise) which arise out of or in connection with the supply of the services.

6.4 If clause 4.2 applies then without prejudice to any other right or remedy available to the Provider, the Provider shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Passenger, and if the Services have been delivered but no paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

6.5 The Passenger undertakes to the Provider that: -

6.5.1 the Passenger will regard as confidential the Contract and all information obtained by the Passenger relating to the business and/or products of the Provider and will not use or disclose to any third party such information without the Providers prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Passengers default;

6.5.2 the Passenger will use all reasonable endeavours to ensure compliance with this condition by its employees, servants and agents. This Condition shall survive the termination of the contract.

7 Miscellaneous

7.1 No waiver by the Provider of any breach of the Contract by the Passenger shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

7.3 The Contract shall be governed by the laws of Cyprus.