Terms of Service

Introduction

The smartphone application “Lobby Concierge” (hereinafter the “App”) constitutes a digital booking and concierge services tool, through which tourists and travelers have the ability to search for and have access to premium choices for accommodation, transportation, dining and a variety of other experiences provided by partnering service providers.

The App has been developed, created and is managed by the DK Hospitality P.C., a company organized and existing under the laws of Greece, with company no. 192322803000, having its registered address at Pefkon 54 str., 14562, Kifissia, Greece (hereinafter "DK Hospitality", "we", "us", "our").

This document (hereinafter the “Terms of Service”) constitutes a legally binding agreement that includes all the terms and conditions governing the relationship between DK Hospitality and you (hereinafter the “Customer”, “you”, “your”) regarding your use of the App and your use of the services provided hereto.

Please read carefully these Terms of Service as well as the Privacy Statement before you start using the App. Signing up to the App implies your unconditional acceptance of these Terms of Service and of the App’s Privacy Statement, as applicable each time.

Minors

The use of the App and of our services is allowed exclusively for Customers who have reached the age of 18. By accepting the Terms of Service, the Customer declares that they are an adult over 18 years of age or, if under 18, that they have obtained the necessary consent from all persons holding parental responsibility and that they will provide their details if requested. We reserve the right to take all reasonable technical measures and prohibit access to the App by any Customer if we determine a violation of this term.

If it is determined in any way that a Customer is a minor in violation of this term, DK Hospitality will immediately delete their account, notwithstanding any other rights and remedies available.

Signing-Up

Customers who wish to access DK Hospitality’s services must create an account on the App by filling in some necessary information requested for their identification and personalization of their preferences.

Customer registration on the App is free of charge. Customers are only obliged to pay DK Hospitality’s commission for rendered services, as provided below.

Services and Role of DK Hospitality

By signing-up to the App, the Customer has access to a variety of premium options in order to plan and upgrade their travel experience, including but not limited to:

• Accomodation
• Transportation
• Dining and clubbing
• Private chefs
• Amusement and outdoor experiences

The Customer, depending on their needs and preferences, will use the App to submit requests for certain dates and DH Hospitality will revert with suggested options matching the Customer’s request. The Customer will then have the possibility to book the option of their choice, upon payment of the respective fees and commissions (see below).

The Customer understands and accepts that the App is a digital tool providing merely intermediary services between the Customer and the enterprises/business that actually provide the requested services (hereinafter the “Service Providers”). DK Hospitality simply provides the infrastructure for making booking requests, as well as support to the Customer throughout the booking process, but in no way is the provider of the services, nor is it legally connected in any way with the Service Providers.

These Terms of Service apply exclusively to the relationship between DK Hospitality and the Customer. The relationship between the Customer and each respective Service Provider will be subject to a separate (verbal or written) agreement between them, as provided for in the applicable law.

Fees and Payment

Customers are solely responsible to pay all fees and costs to the Service Providers for the use of their services. In order to make a booking, Customers will have to deposit an advance payment (30% of the total fee, or as otherwise indicated) to the Service Provider, using a payment link to be provided to them by DK Hospitality. It is explicitly stated that, without the deposit of the advance payment, the booking will not be considered as valid. The remaining fees and costs will be paid directly to the Service Provider, after the conclusion of their services.

In addition the fees ought to the Service Providers, Customer shall pay DK Hospitality a commission of twenty percent (20%) + VAT on the total amount of the booking, for the intermediary, concierge and Customer support services provided (hereinafter the “Commission”). Unless otherwise agreed between DK Hospitality and the Customer, payment of the Commission is made exclusively through the App using Stripe Inc.’s payment services, which follow the world’s best practice for e-commerce payments and are fully compatible with the international security protocols.

DK Hospitality shall have the right, at its absolute discretion, to amend the amount and/or the structure of the Commission at any time, without prior written notice to the Customer. Provided, however, that any such modification shall only be applicable for future bookings.

Cancellations, Modifications and Refunds

Customer shall generally not have the option to modify or cancel a booking, unless otherwise provided so in the contract with the Service Provider (especially in the case of accommodation bookings) and in accordance with the timeframes and the other terms set out therein. If such an option is available, in order to make the cancellation or modification, Customer shall contact DK Hospitality via the App, phone or email in a timely manner.

If the Customer cancels their booking in a timely manner as per above, any advance payment made will be refunded, within approximately thirty (30) business days. With respect to the Commission due to DK Hospitality, it is explicitly stated that in cases of timely cancellations, Customer shall pay DK Hospitality a reduced commission of ten percent (10%) + VAT on the total amount of the booking, which the Customer accepts as fair and reasonable for the services already by DK Hospitality. In cases of cancellation in breach of the present term, as well as in case of no-show, the Customer will be obliged to pay the whole amount due to the Service Provider, as well as the whole amount of the Commission.

Although it is unlikely that the Service Provider will have to make any changes to confirmed bookings, it could occasionally happen, for reasons beyond DH Hospitality’s control. In any such case, we will try our best efforts to find and suggest to you an alternative option of similar quality and cost and/or, if you agree so, to change the date of your booking with the original Service Provider. However, if this is not possible or you do not wish so, we will cancel the booking and refund any amount already paid.

Reviews

Customers may submit reviews and comments on the App regarding the Service Providers, their amenities, and their overall experience. Customer reviews must be truthful, accurate, and based on personal experience. Posting reviews that are false, misleading, offensive, defamatory, insulting, or infringe upon the rights of the Service Providers or third parties is strictly prohibited.

DK Hospitality reserves the right, without being obliged, to review, edit, refuse to publish, or remove reviews that it deems to violate these Terms of Service or applicable law. In case of violation, DK Hospitality may also temporarily suspend or permanently delete the Customer’s account.

Prohibited Use

Customers must use the App and DK Hospitality’s services lawfully, honestly, and respectfully. It is prohibited and constitutes a violation of these Terms of Service:

• the use of the App and/or its services in any way that could harm, alter, or destroy the App or any part of it, and/or interfere with access to or use of the App by other users;
• the use of or distribution on the App of any malicious or otherwise harmful software, and/or the transmission of harmful files capable of endangering the smooth operation and/or integrity of the App, or the connection and access of other users to it;
• the posting, transmission, or otherwise sharing on or through the App of any offensive, harassing, obscene, racist, aggressive, pornographic, defamatory, or otherwise unlawful content;
• the posting, transmission, or otherwise sharing on or through the App of content that they are not entitled to disclose, such as third-party information subject to confidentiality obligations;
• the use of false, inaccurate, or misleading data and information;
• the abusive use of the provided services, such as bookings or reservations that they do not intend to honor;
• the circumvention or attempted circumvention of DK Hospitality, in cooperation with the Service Providers;
• the creation of multiple accounts on the App with fraudulent intent;
• the access or attempted access to other users’ accounts and/or the unlawful access to other users’ data;
• the infringement of the rights of DK Hospitality, other users of the App, or third parties, including but not limited to their personal data or intellectual property rights;
• the use of the App for the purposes of comparative analysis, copying, reverse engineering, or for any other competitive intent;
• the use of the App for the purpose of circumventing applicable legal and regulatory frameworks and/or achieving any unlawful, unfair, or unethical objective;
• any other use of the App that conflicts with these Terms of Service and applicable laws and regulations, as well as the encouragement, facilitation, or collaboration with any third party in committing any of the prohibited acts or omissions described herein.

DK Hospitality reserves the right, in the event that it discovers or suspects any violation of these Terms of Service, to remove from the App any false, illegal, immoral, or offensive content, temporarily suspend or permanently delete the account of the offending Customer, without liability to it and without prior notice, forward any information it deems necessary to the competent authorities, without the Customer's consent, and to seek compensation for any damage resulting from the relevant violation by taking any available judicial or extrajudicial measures.

Third-Party Websites

The App may provide links that redirect to third-party websites or social media, such as the ones of the Service Providers featured on the App. Under no circumstances should DK Hospitality be considered to endorse or accept the content, or to recommend the products or services of the pages to which it redirects, or to guarantee the security, validity, and integrity of these pages, or that it is associated with them or their administrators in any way. Access to and use of these websites is the sole responsibility of the Customer and is subject to the terms and policies stated therein.

Security and Functionality

We strive to continuously improve the experience of Customers using our App. However, due to the nature of the internet, we cannot guarantee or ensure that the use of the App will be uninterrupted, secure, or error-free. In any case, DK Hospitality reserves the right to temporarily or permanently suspend the operation of the entire App or part thereof at any time for maintenance, upgrade, or any other reason.

Furthermore, despite the security measures in place, we cannot guarantee that the App is free from digital viruses, malicious software, or any other type of harmful or destructive files or programs that interfere with the operation of the App and/or result in damage to the App and/or the Customers. The integrity and protection of each Customer's software systems and equipment is their own responsibility.

Content

The content of the App, as well as the services of DK Hospitality are provided to Customers on an “as is” basis. DK Hospitality reserves the right at any time to modify, add, remove, or in any way alter the structure, content, functions, and services provided on the App, without prior notice and without this giving rise to any claim on the part of the Customer. The information available on the App, such as texts, photos, descriptions, etc., is displayed for the sole purpose of informing the Customers. DK Hospitality makes every reasonable effort, but is not always able to verify the information posted on the App and does not provide any warranties or representations, expressed or implied, as to its accuracy and validity. The Customer is solely responsible for the trust they place in the information contained on the App and for any decisions made based on it.

Intellectual Property

Our brand name and logo has been registered as a trademark (EUIPO trademark no. 019354523) and enjoys full protection under the relevant legislation. Furthermore, with the exception of the intellectual property rights of third parties (such as featured Service Providers, partners, and other entities) for which DK Hospitality has obtained specific permission to use on the App and for the purposes thereof, all content of the App, including images, graphics, photographs, designs, compositions, texts and software, are the intellectual property, registered trademarks, or distinctive features of DK Hospitality and are protected by the relevant provisions of Greek law, European law, and international conventions and treaties.

The Customer understands and accepts that they are not granted any right to reproduce, download, copy, modify, sell, resell, process and/or commercially exploit, in any way, all or part of the content of the App without the prior consent of DK Hospitality.

Indemnification

You agree to indemnify, defend, and hold harmless DK Hospitality, any of our parent or subsidiary companies, our officers, directors, employees, and/or affiliates, against any third-party claim or demand, including reasonable attorneys' fees, made by any third party, due to or arising from your violation of these Terms of Service, the Privacy Statement, and/or any applicable law, regulation, or code of conduct, including but not limited to any claims made by Service Providers for any damage of property by the Customer, or failure by the Customer to pay any fees and charge payable to the Service Providers.

Limitation of Liability

All Service Providers featured on the App have undergone a reasonable verification process to confirm their identity and ability to provide their services. However, the Customer understands and accepts that DK Hospitality - to the maximum extent permitted by law - is not obliged and is not always in a position to investigate the completeness, suitability, and validity of the information provided by the Service Providers and disclaims any liability in this regard. If you notice any errors, inaccurate or false information, please notify us without delay and we will make every reasonable effort on our part to correct them as far as possible.

Under no circumstances can the suggestion of a Service Provider be construed as implying any legal or other connection between DK Hospitality and such Service Provider, nor that it makes DK Hospitality a party to the relationship between the Customer and the Service Provider.

DK Hospitality is not responsible for the commission of any criminal or civil offenses and/or for any unethical and/or immoral behavior towards Customers on the part of the Service Providers. It should also be noted that DK Hospitality is not an entity to which complaints about the commission of such offenses are submitted and processed. Any complaint relating to these issues shall be submitted by the Customer to the competent authorities, so that the necessary measures can be taken in accordance with the provisions of the applicable laws. However, if the Customer finds any violation of these Terms of Service, or any problematic treatment or behavior on the part of the Service Provider, they are encouraged to inform us accordingly.

To the maximum extent permitted by law and unless otherwise specified in these Terms of Service, DK Hospitality expressly disclaims and rejects any liability in relation to:

• a) any injury, damage, deterioration of health, or death connected in any way, directly or indirectly, with the services of the App and/or the services of the Service Providers;
• b) any damage, direct or indirect, including lost profits, arising in any way from or related to App, the services provided through it, and/or the services of the Service Providers;
• c) any delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical,, or any other circumstances which amount to “force majeure”, or other events beyond the DK Hospitality’s or Service Provider’s control.
• d) any damage, loss of revenue or profits resulting from the temporary unavailability of the App, or the unsuccessful provision of our services due to error, omission, interruption, delay in the operation or transmission of the App;
• e) any damage, harm, property damage, loss or leakage of data, leakage of passwords, loss of confidential information or violation of communication privacy, which are in any way related to the use of the App, to the extent that the above cannot be attributed to fraud or gross negligence on the part of DK Hospitality,
• f) any damage, injury, property damage, loss or leakage of data, leakage of passwords, loss of confidential information or violation of communication privacy, arising from or related to the Customer's access to third-party websites or social media to which the App redirects through relevant hyperlinks,

The total aggregate liability of DH Hospitality arising out of or in connection with these Terms of Service shall be strictly limited to, and shall not exceed, the total amount of the Commissions actually paid or payable by the Customer. The limitation of liability set forth herein shall not apply to damages resulting from: (i) gross negligence; (ii) wilful misconduct; (iii) fraud or fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded under applicable law.

Term and Termination

These Terms of Service shall enter into effect upon signing-up to the App and shall remain into effect until terminated by either DK Hospitality or the Customer, as provided herein.

DK Hospitality reserves the right, at any time, without prior notice, to terminate these Terms of Service and suspend and/or discontinue the provision of its services to the Customer, if it finds or reasonably suspects that the Customer has violated these Terms of Service, reserving the right to exercise any other rights it may have against the Customer, in accordance with the provisions of the applicable law.

DK Hospitality also has the right, at any time, at its sole discretion, to discontinue the operation of the App without prior notice, in which case these Terms of Service shall be automatically terminated.

If the Customer wishes to delete their account on the App, they may do so at any time by selecting the relevant option in their account. These Terms of Service will still apply if you keep using the App as a guest.

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Greece, without giving effect to its conflict of laws provisions. For any dispute arising from or related to these Terms of Service and the use of the App, the courts of Athens, Greece, shall have exclusive jurisdiction.

Severability

If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law, and the invalid portion thereof shall be deemed not to be part of these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions hereof.

No Waiver

The failure or delay on the part of DK Hospitality to enforce any provision of these Terms of Service and/or to exercise any of its rights shall not be construed as a waiver of any such provision or right.

Special Terms

In the event that the use of any service on the App is governed by specific terms, these terms shall be considered as a single set with these Terms of Service. However, in the event of a conflict, the specific Terms of Service of each individual service shall prevail.

Amendments

DK Hospitality reserves the right to modify these Terms of Service at any time. Continued access to the App and use of its services shall be deemed to constitute unconditional acceptance of the relevant changes by the Customer. For this reason, Customers are advised to visit this page regularly while using the services provided. The date of the last amendment to the Terms of Service will always be displayed at the top of this page.

Contact

For any questions or clarifications regarding these Terms of Service or the App and the services provided through it in general, as well as for any complaints or objections against DK Hospitality or any Service Provider, Customers may contact us at: [email protected]