EMBIRIA TERMS & CONDITIONS
The personal company “Embiria” (“us”, “we” or “our”) represented by Clément Marquet, has its registered office in Kallithea, Athens, Greece and offers touristic services (“Experiences”, “Experience” or “Service”) to visitors in Greece. By purchasing and participating to any of the offered experience or service, you (henceforth referred to as “you”, “participant” or “participants”) shall have automatically accepted the terms mentioned herein, confirm that you have fully understood them and have agreed to all of them.
Experiences sold by Embiria
All the information and details of Experiences sold by Embiria are described on the website embiria.eu. Some of Embiria Experiences may require a minimum number of participants in order to take place. Embiria reserves the right to cancel an Experience at any given time, up to 24 hours before the scheduled start and for any reason, including but not limited to, an insufficient number of participants. In the unlikely event that the Experience is cancelled by Embiria for reasons other than Force Majeure you will have the choice of either change the date (upon availability of Embiria) or claim a refund.
Program Pricing and details
Embiria reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times for any of its Experiences without notice. However, reasonable effort will be made to maintain arrangements as advertised.
All prices provided are on a per person basis unless otherwise mentioned and include local taxes.
Prices do not include tips, personal expenses or travel insurance. If in doubt whether something is included in the price of the Experience, please inquire.
Requirements to participate in Embiria Experiences
All Participants will be required to disclose, at the time of booking, or in any case prior to the commencement of the Experience, whether the Participant suffers from any medical condition which may prevent the Participant undertaking the Experience, including, but not limited to, epilepsy, dizziness, limb or back injury, angina or other heart condition, food allergy, dietary requirements or restrictions, severe or uncontrolled asthma, visual impairment, depression or recovering from recent surgery. Given the nature of our Experiences, we are not in the position to guarantee that all nutritional requirements will be met; however, we will make every effort to meet your needs.
• Participants acknowledge and agree that they participate in the Experience at their own risk.
• We do not include personal insurance with our Experiences. Embiria recommends that customers purchase individually their own travel insurance (or ask their travel agent). Embiria will not be held liable for services provided by third parties.
• All participants to an Experience must hold a valid ticket, voucher or confirmation letter. Entry may be refused if tickets or vouchers are damaged or defaced in any way or not purchased from an authorised reseller.
Embiria’s right to refuse participation
Embiria reserves the right to refuse any person from participation in an Experience, for whatever reason, in its absolute discretion, whether or not they have previously purchased a ticket. A person will be reimbursed for tickets previously purchased should they be refused permission to participate on grounds other than those set out above.
Accessibility and Safety
It should be noted that local conditions in Greece may differ from those that exist in the rest of Europe or the U.S.A. The state and conditions of some streets may present accessibility difficulties. Access for persons with special needs is not guaranteed. Public areas may not be accessible to persons with special needs.
Participation in our Experiences may require a minimum physical condition, such that you are in the position to walk uphill or climb stairs. Kindly inform us if you have a medical or physical limitation or are undergoing a medical treatment.
Embiria will not be liable for the personal safety of participants, or for the safety of personal items, nor for unforeseen events and incidents that Embiria cannot control, prevent or avoid, including (but not limited to) accidents, thefts and illnesses during the Experience. Each participant shall be fully responsible for his/her personal health, medical needs and safety.
We advise you to check your insurance contract in order to determine whether you are covered and to clarify what your travel insurance covers in the case of trips abroad. For their own safety, all Participants must obey the directions and instructions of the Experience leader, must not disturb other Participants or interfere with the Experience leader’s ability to conduct the Experience in a safe manner.
By joining an Embiria Experience, each Participant is ensuring its own safety by agreeing to:
1. Stay alert and aware of what’s going on around them at all times and avoid any immediate dangers which they believe pose a risk to them.
2. Protect themselves from the Greek sun by using appropriate forms of sun protection, including but not limited to a hat, sunglasses and sunscreen during the summer months.
3. Be adequately hydrated and nourished before, during and after the experience, in accordance with their specific needs and requirements.
4. Not be under the influence of alcohol, drugs or any other substance that may hinder their ability to observe these Guidelines.
5. At all times to promptly comply with any directions issued by experience leaders. Athens is a busy, modern city that can be inherently unpredictable. Embiria responds to that risk by relying on the cooperation of all of its Participants.
Photographs taken during the Experiences
1. All Participants acknowledge and agree that Embiria is expressly authorised to take photographs of them during the Experiences and utilize such photographs for the purpose of advertising Embiria including but not limited to being displayed on Embiria website.
2. Photographs remain copyright to Embiria and may only be used or reproduced by Participants for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without Embiria’s written permission.
Booking and Terms of Payment
Participants are responsible for providing accurate information during the booking process. To confirm a booking, the full cost of the Experience must be paid in advance at the time of booking. Accepted means of payment are online with credit card, e-wallets or other local payments supported by Stripe, Embiria’s payment provider.
1. Upon successful completion of payment, customers will receive confirmation and voucher via email. This document must be saved as proof of purchase and be presented on the day of the Experience. Embiria reserves the right to refuse service to any customer without a voucher or letter of confirmation.
2. Customers are advised to check the details of the booking and should notify immediately Embiria in case of any errors. Embiria reserves the right to charge a booking fee on the purchase of tickets and an administration fee should tickets purchased be changed to another date or time.
3. When you make a booking, you guarantee that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and, further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking. Any information which we give to you shall be deemed as given to each and every party member for whom you are making or have made a booking.
Participants should adhere to the starting time and meeting point of the Experience as indicated on their voucher. If a Participant is late, Embiria will consider this as a no-show, his participation to the Experience will be cancelled and no refund will be provided. It is recommended that Participants arrive at least 10 minutes prior to the start of the Experience.
Cancellation and refunds policy
Embiria allows for the eventuality that a Participant may need to change or cancel an agreed service. Changing the date of an Experience will incur no penalty, providing notification is received in written at least 72 hours prior to the scheduled Experience and providing other dates are available and minimum number of participants is met in order for the Experience to take place. Otherwise, the following cancellation policy applies:
1. Cancellation more than 72 hours prior to scheduled Experience: Full refund, excluding 10% for administrative and credit card fees
2. Cancellation 24 to 72 hours prior to scheduled Experience: 50% refund
3. Cancellation 24 hours prior to scheduled Experience: No refund
4. No show: No refund
5. Embiria reserves the right to make changes or substitutions in order to meet unexpected situations, or cancel the Experience, if deemed necessary for reasons including insufficient Experience participation and circumstances beyond Embiria’s control, such as strikes, lockouts, riots, wars, whether declared or undeclared, hostilities, civil disturbances, acts of God, acts of governments or other authorities, thefts, pilferage, epidemics, quarantines, custom regulations, delays, or cancellations of or changes in itinerary or schedules or from any causes beyond our control. In such event, Participants will either be re-booked at the earliest possible time at the Participants’ convenience (taking into account Experience’s availability), or be issued with a refund voucher in the case of purchases bought through an agent, or be reimbursed the price paid for the ticket. The relevant party who has sold the ticket to the Participant will make all reimbursements. In any case, Embiria shall not be held liable for any expenses, costs or fees, including but not limited to, airline ticket costs or other personal expenses incurred by customers.
6. Any change to booked third party transportation (by air, ferry, rail, or bus), either purchased independently or as part of a Program, will be subject to any applicable rebooking or cancellation fee as defined by the relevant third party (airline, etc…) regardless of the date the change request is made.
7. Embiria will not proceed to any refund except in accordance with these Terms or as agreed in writing by Embiria.
8. Should Embiria need to cancel an Experience, any payments will be fully refunded.
9. Audioguides are non refundables.
Release of Liability
By virtue of purchasing tickets for and/or participating in any of the Experiences, and in consideration of being allowed to purchase said tickets, and for other goods and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/Experience participant (if he/she not yet 18 years old, his/her parents or legal guardian) (the “Participant”) understand, acknowledges represents, warrants and agrees as follows, with the knowledge that Embiria will rely on same:
1. Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activities related to or in connection with the Experiences.
2. Participant fully comprehends and accepts all of the risks associated with his/her participation in the Experiences including, without limitation, exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, injuries (e.g. without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians, bicyclists and the like) and death.
3. Participant’s participation in the Experiences is at Participant’s own sole risk. Participant, on behalf of his/herself and/or any person or entity acting through or on behalf of Participant, hereby forever and unconditionally releases Embiria, its affiliates, subsidiaries, owners, officers, employees, agents and insurers (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorney’s fees) in any way arising out of, or resulting from, Participant’s participation in the Experiences, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to Participant, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the company or any of the release parties. Participant’s release includes, but is not limited to, harm that may be attributable to, or in any way arise from, Participant’s own conduct, behavior or history of pre-existing conditions or dispositions. Participant also agrees that Participant is financially responsible for any and all medical treatment required as a result of any such harm. Participant, on behalf of his/herself and/or any person or entity acting through or on behalf of Participant, further agrees to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, Participant’s participation in the Experiences.
4. Participant agrees to pay any all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person. Participant further agrees to indemnify and hold Embiria harmless from and against any such act or conduct.
5. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understand relating to the subject matter hereof. There are not representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
6. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Release Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for the same or similar acts at any subsequent time.
AMENDMENTS TO THE TERMS & CONDITIONS
Embiria reserves the right to modify or periodically revise this Statement, in its sole discretion. If changes occur, Embiria will record the date of modification or revision in this Statement and the updated Statement will apply for you from that date on. We encourage you to periodically review this Statement to explore whether there are any changes to the way we manage your personal data. This Statement was last updated on May 11th, 2022.
Embiria shall retain all worldwide rights in the intellectual property of the Website and any content on the Website, including, but not limited to, the artwork, “look and feel” of the Website, its color combinations, layout, and all other graphical elements, photographs, videos, sounds, visual interfaces, design, logos, trademarks, services marks, content, compilation, source code or HTML code, products, software, and other material contained or presented on the Website, and any combination thereof (“Material”, or “materials”). The Material is copyrighted or otherwise protected and owned by Embiria, or a third party who licensed the right to use to Embiria, and as such is protected by Greek and foreign copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform for commercial use, modify, reproduce, publish, republish, license, post, transmit or distribute any Material on the Website in whole or in part without the prior written consent of Embiria. Embiria, its affiliates, business partners and/or licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material.
Any reproduction or use of any content of the audioguides are prohibited (text, audio, photos).
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on our website infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the service, you must submit your notice in writing to the attention of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
Links to other websites and third parties
Some of our service may be redirected or contain links to third party websites or services that are not owned or controlled by Embiria.
Embiria has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Embiria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Governing Law – Jurisdiction
Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the Greek Government Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Athens, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.