TERMS AND CONDITIONS
These Conditions apply to all services ordered from or provided to you by Visionaire Mykonos and by requesting services from Visionaire Mykonos you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Clients by Suppliers.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Fee: means the Fee payable by the Client to Visionaire Mykonos.
Payment Card: has the meaning given in Clause 3.4
Website: means the website www.visionairemykonos.com.
Request: means a request placed by a Client with Visionaire Mykonos for Visionaire Mykonos to arrange the supply of goods and/or services from a third party on the Client’s behalf.
Services: means the concierge and lifestyle management services provided by Visionaire Mykonos to its Clients.
Supplier means a supplier engaged by on behalf of and as agent for a Client to provide goods and/or services to that Client.
1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
2. NEW CLIENT DETAILS
2.1 You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Visionaire Mykonos promptly in the event that any information provided by you in connection with your contract changes.
2.3 Visionaire Mykonos may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Visionaire Mykonos to deduct the credit sum from your Payment Card immediately.
3. CLIENT FEES, UPGRADES AND CANCELLATIONS
3.1 You acknowledge that your payment of the Fee constitutes your express request for us to begin to supply you with the Services.
3.2 Service Fees are non-refundable in all circumstances.
3.3 Visionaire Mykonos reserves the absolute right to cancel or suspend your Contract where it has reason to do so.
3.4 Fees are due on acceptance of your Contract where deposit or full payment will be taken by Visionaire Mykonos in advance by paypal, direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from (“Payment Card”) in accordance with the relevant invoice.
3.5 Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise Visionaire Mykonos to deduct collect extra and remaining Fees prior to end of contract or on your Renewal Date. Alternatively you will be contacted directly in order to pay your Fees.
3.6 If you do not wish to auto-pay your Fees you must notify us prior to your start of Contract Date.
3.7 If you do not notify us in accordance with Clause 3.9, Visionaire Mykonos reserves the right to charge the then current Fees.
3.8 Visionaire Mykonos reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.9 If, during the course of your current Contract, you wish to upgrade your Services to a higher level of Services or Visionaire Mykonos reasonably requests you to upgrade your Contract based on your usage of the Services, the difference in price between the two categories of Services will be payable on a pro rata basis. If you do not accept pro rata request for you to upgrade your Services then Visionaire Mykonos reserves the right to cancel your some existing Services with immediate effect.
3.10 Visionaire Mykonos may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Visionaire Mykonos to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
4.1 Visionaire Mykonos shall supply the Services to the Client in accordance with the Client’s particular Requests, provided that Visionaire Mykonos shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
4.2 Visionaire Mykonos shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
4.3 Visionaire Mykonos shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Visionaire Mykonos shall notify the Client in any such event.
4.4 Services will be provided in English.
4.5 Outside normal business hours (or as may otherwise be required from time to time), Visionaire Mykonos queries and/or Requests may be routed to an alternative Visionaire Mykonos team member for assistance. At such times, services will be provided in the English language.
4.6 You acknowledge that Visionaire Mykonos reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.7 Visionaire Mykonos shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
4.8 Restaurants and clubs:
(a) When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.
(b) When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) Visionaire Mykonos reserves the right to deny restaurant requests from Clients if Client repeatedly fail to honour their bookings or continuously violate cancellation policies.
(d) Admission of Clients to any club premises is at all times at the sole discretion of the club Supplier and Visionaire Mykonos shall have no liability where a Client is refused admission to a club.
(a) Visionaire Mykonos may be able to obtain “best tickets” for you in relation to sold out events, table service and bottle service and cabana/daybeds through one of its ticket agent partners. Please note that by instructing Visionaire Mykonos to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to Visionaire Mykonos in respect of our provision of services to obtain the service seats, for you. Visionaire Mykonos is not the seller of the tickets and is not responsible for fulfilment of your order.
(b) All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Visionaire Mykonos shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) In the event of an event being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
(d) Visionaire Mykonos or its ticket agent partner will despatch your tickets through delivery agents or email at standard rates. Please note that Visionaire Mykonos shall not be liable for any failure by delivery agents to deliver your tickets.
5. PLACING A REQUEST
5.1 Clients may place Requests by telephone, text messages, WhatsApp or Viber and e-mail.
5.2 Clients should always contact their primary concierge in the first instance to manage all Requests (including international Requests).
5.3 Visionaire Mykonos, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.4 If Quintessentially is unable or not obliged to deal with any Request, it will inform the Client as soon as reasonably practicable.
5.5 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
5.6 From time to time the procurement or provision of certain services, products or benefits may incur a Visionaire Mykonos services fee or handling charge (of which you will be notified in advance, and which may vary and in such event you hereby authorise Visionaire Mykonos to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
6.1 The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Client and the relevant Supplier and that Visionaire Mykonos is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier’s policies.
6.2 If a Request for a specific product or service is not available, Visionaire Mykonos may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
6.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. Visionaire Mykonos shall not be liable for inaccurate or misleading descriptions.
6.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
6.5 The Client further acknowledges that for goods purchased on his or her behalf by Visionaire Mykonos directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Visionaire Mykonos is asked to source a specific item for a Client, Visionaire Mykonos shall inform the Client of the refund and exchange policy of that Supplier in advance. Quintessentially shall not be liable to the Client where a Supplier does not accept the return or exchange of an item.
6.6 It shall be the Member’s sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, in person or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
6.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
6.8 Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through Visionaire Mykonos. It shall be the Client’s sole responsibility to recover such monies. Visionaire Mykonos shall have no liability for any items held by any customs or border agency.
6.9 In the case of premium courier services, if the Client is not at the specified Delivery address to receive their Order at the scheduled time, the Client may incur further charges for subsequent attempts to re-deliver the goods.
7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Visionaire Mykonos shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
7.2 Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
7.3 When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorise Visionaire Mykonos to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Visionaire Mykonos shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Visionaire Mykonos acts in accordance with the instructions issued by you in relation thereof.
7.4 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
7.5 If Visionaire Mykonos’s performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
(a) Visionaire Mykonos shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Member Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Visionaire Mykonos’s performance of any of its obligations;
(b) Visionaire Mykonos shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Visionaire Mykonos’s failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the Client shall reimburse Visionaire Mykonos on written demand for any costs or losses sustained or incurred by Visionaire Mykonos arising directly or indirectly from the Client Default.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude Visionaire Mykonos’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services.
8.2 Subject to clause 8.1:
(a) Visionaire Mykonos shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Contract; and
(b) Visionaire Mykonos’s total liability to the Client in respect of all other losses arising under or in connection with their Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Client’s Fee.
8.3 Your contract for the supply of products or services is made with the relevant Supplier only. Visionaire Mykonos acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
8.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. Visionaire Mykonos hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Visionaire Mykonos.
8.5 Visionaire Mykonos shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
8.6 Visionaire Mykonos shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Visionaire Mykonos’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Visionaire Mykonos’s reasonable control.
8.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.8 This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
9.1 These Conditions shall take effect and be binding upon the Client and Visionaire Travel And Lifestyle management upon acceptance by Visionaire Mykonos of your contract. These Conditions shall be applicable for the duration of your Contract and shall only cease to have effect upon the expiry or termination of your Contract. You agree that your only rights and remedies under these Conditions shall be against Visionaire Travel And Lifestyle Management and no other entity.
10.1 Privacy and Data Protection
10.2 Assignment and subcontracting:
(a) Visionaire Mykonos may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
(b) The Client shall not, without the prior written consent of Visionaire Mykonos, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
(a) A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
(b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.5 Variation: Visionaire Mykonos may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Visionaire Mykonos Newsletter, the Website, by Email or by phone. Your use of your Contract constitutes acceptance of such variations to these Conditions.
10.6 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.7 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.