Last updated: August 10, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://papasbeach.com website (the “Service”) operated by Papas Beach (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Papas Beach and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Papas Beach.

Papas Beach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Papas Beach 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Greece without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Online Ordering

This page tells you the terms of use (the “Terms”) on which you may order the products (each an “Order”) available on the Order Website (“Products”).

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Website. These Terms were last updated on Saturday 10 August 2024.

1.1 The Company operates the following websites in Greece:

• papasbeach.com
papaswatersports.com
• papasrentaboat.com

each a “Website” and together the “Websites”.

2. Ordering Products

2.1 You may order Products online directly from us via the Order Website for on-site delivery by us only in the location of “Papas Beach”

2.2 You must be at least 18 years old to place an order online.

2.3 To submit an order via the Order Website you must first enter your first and last name, phone number and email address (for your receipt) and then follow the procedure set out on the Order Website to submit your Order. You should check all the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, we will begin processing it immediately and you may not be able to correct any errors.

2.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order (the “Confirmation Email”). These Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate these Terms and shall be a new and separate contract between you and us. The contract shall be in the English language. We will not file a copy of the contract.

3. Delivery

3.1 When you submit an order, we provide the delivery of the Products to you on-site only.

3.2 Please note that all delivery times are estimates and the actual delivery time may vary from this estimate especially during busy periods.

3.3 You shall be responsible for:

3.3.1 ensuring that either you or your authorised representative in your party are present to take delivery of the Products at the delivery place specified in your Order

4. Payment

4.1 The prices for the Products and (if applicable) for delivery and service are set out on the Order Website 4.2 In relation to Delivery Orders, gratuity charges are set by us and paid directly to the staff not the company.

4.3 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product’s correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions. If we process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

4.4 If your payment is not authorised, your Order will not be sent through to the restaurant or fulfilled.

5. Cancellation and refunds

5.1 Please note that you do not have a right to cancel any contract for Products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.

5.2 You may request that your Order is cancelled or changed after it has been submitted, but this will only be possible before the applicable restaurant has received the Order. This can be done by contacting the staff. No refund will be permissible if the attempt to cancel is made after the restaurant has received the Order.

6. Other refunds

6.1 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered do not conform with these Terms, please contact our staff to discuss a replacement or refund.

6.2 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the Product(s) that we were unable to fulfil and, if the full Order is cancelled, any service charges. You may obtain a refund by contacting our staff.

6.3 All products are consumable and made on the premises therefore are non-refundable once the order is confirmed.

7. Products

7.1 We endeavour to provide information on any allergens that the Products may contain on the Nando’s Website, but please note that:

7.1.1 because all Products are cooked to order in the same kitchen we cannot guarantee and make no warranty that the Products will not contain any allergens;

7.1.2 the kitchen is a busy working environment and there is a risk of cross-contact between ingredients;

7.1.3 For Delivery Orders, we can’t currently cater for specific dietary requirements, sorry! If you visit our menu you can see all our allergen information; and

7.1.4 You must inform staff of any allergies before placing your order. Papas beach cannot guarantee the absence of allergies including but not limited to nuts and gluten. We are not responsible if allergies are not disclosed a the start of service.

7.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.

8. Our liability

8.1 Nothing in these Terms excludes or limits our liability for:

8.1.1 death or personal injury caused by our negligence;

8.1.2 fraud or fraudulent misrepresentation; and

8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

8.2 Subject to clauses 9.1 and 9.3 our maximum liability to you, in respect of any particular Order, will be limited to the value of that Order (which includes any service charges) as set out in the relevant Confirmation Email.

8.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time of the conclusion of the contract for Products.

8.4 We only supply the Products for private use. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.5 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

9. Suspension and termination 

9.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

9.1.1 issue a warning to you;

9.1.2 temporarily or permanently withdraw your right to use the Websites;

9.1.3 suspend or terminate your accessibility;

9.1.4 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

9.1.5 take further legal action against you; and/or

9.1.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

10. Changes to these Terms

10.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order the Products.

11. Other important information

11.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

11.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12. Governing law and jurisdiction

12.1 These Terms are governed by the laws of Greece.  This means that your purchasing of Products and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by Greek law. Nothing in these Terms, including this clause 

12.2 affects your rights as a consumer to rely on such mandatory provisions of local law

12.3 If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of Greece, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of Greece.

12.4 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

13. Contacting us

13.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. Our team of experts aim to respond to you with 2-3 working days of contacting us. You can contact us using the following details:

13.1.1 Address:  Papas Beach, Patriarchou Germanou 12, Kos, 853 00

13.1.2 Telephone number: +30 22420 25865

13.1.3 email: info@papasbeach.com

13.2 If you need to contact us in relation to a Delivery Order, please either use the contact details provided or speak to a member of staff directly on-site.

Menu

These Terms were last updated on 10 August 2024.

General 

1.1 We serve most of the allergens listed in clause 1.8 in at least one product on our menu, so there may be a risk of cross contact.

1.2 If you have special dietary requirements you must state your requirements at the time you are seated to allow our staff to take all reasonable precautions to avoid cross contact.

1.3 The allergy information is accurate on the day it is consulted online but may change at any future time.  If you have any special dietary requirements or allergies you must inform the manager/staff each time you visit or place an order online before placing your order, just in case any of our ingredients have changed.

1.4 The information concerns only intended ingredients of menu items and does not include any customisation to a menu item (e.g. adding cheese to a burger).

1.5 Each menu item has a list of ingredients.  This is the fullest information to the best of our ability. Please be aware that certain ingredients, especially those with small quantities in the recipe, do not have to be fully broken down (e.g. “spices”).

1.6 Please note that Papa’s are not vegetarian restaurants, however we do take specific steps to segregate our non-meat products from our meat products as follows:

1.6.1 separate utensils are always used with non-meat products; and

1.7 The manager on duty will be best placed to answer any questions about our kitchen practices to allow customers with special dietary requirements to make an informed choice about eating in the restaurant or ordering products online.

1.8 We understand that no matter how comprehensive the data, we cannot answer every question you may have about our food. If you have any specific questions, please contact us at:

1.8.1 Address: Papas Beach, Patriarchou Germanou 12, Kos, 853 00

1.8.1 Telephone number: +30 22420 25865

1.8.2 email: info@papasbeach.com

Eat In

This page tells you the terms and conditions (the “Terms”) which apply when you chose to order and pay at your table on-site.

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the services in our restaurant.

These Terms were last updated on 10th August 2024.

1. Ordering at your Table

The Order at Table Website

1.1 The Company operates papasbeach.com/beach-menu (the “Order at Table Website”) which allows you to order certain products from our menu (“Products”) and have those Products delivered to your table whilst dining at Papas Beach.

1.2 The Order at Table Website is made available free of charge but you will have to pay for any Products that you order on the Order at Table Website. We do not guarantee that the Order at Table Website, or any content on it, will always be available or be uninterrupted. Access to the Order at Table Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Order at Table Website without notice. We will not be liable to you if for any reason the Order at Table Website is unavailable at any time or for any period. We may update the Order at Table Website and/or change the content on it at any time.

1.3 In order to use the Order at Table Website, you will need Internet access. Papas offers free wifi or You you can make your own arrangements necessary for you to have access to the Order at Table Website. You are also responsible for ensuring that all persons who access the Order at Table Website through yours or our internet connection are aware of these Terms and that they comply with them.

1.4 Please note that:

1.4.1 you will only be able to use the Order at Table Website whilst dining at Papas; and

1.4.2 you will only be able to order Products during Papas opening hours. You can find details about the opening hours online.

2. Ordering

2.1 To order Products to be delivered to your table (an “Order”), scan the QR code which is at your table. The QR code will direct you to the Order at Table Website and automatically allocate to your table number where you scanned it. 

2.2 Please note that alcohol can only be sold to you if you are aged 18 or over. If your Order includes alcohol, you confirm that you are at least 18 years old. You may be asked to verify your age. We reserve the right to refuse to serve you alcohol if you are unable to prove that you are aged 18 or over.

2.3 You will need to follow the procedure set out on the Order at Table Website to submit your Order. Our order process allows you to check and amend any errors before submitting your Order to us. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will being processing it immediately.

2.4 If you move seats, have not updated your table location or it is incorrect Papas Beach is not responsible if the items are delivered to the ordered location if it is the wrong location.

2.5 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order (the “Confirmation Email”). These Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate these Terms and shall be a new and separate contract between you and us (the “Contract”). The Contract shall be in the English language. We will not file a copy of the Contract.

2.6 If you want to cancel your Order, please speak to a member of staff.

2.7 The Products you have ordered will be delivered to your table once ready.

2.8 You have legal rights in relation to Products that are not as described and/or not of satisfactory quality. If you have an issue with any Products that you have ordered, please speak to a member of staff to request a replacement or refund.

3. Payment

3.1 The prices for the Products are set out on the Order at Table Website and are inclusive of VAT.

3.2 You will be able to pay by using the payment methods set out in the Order process (the “Payment Methods”).  You confirm that the Payment Method which is being used is yours, or that you have the authorisation of the account holder to use it.

3.3 If your payment is not authorised, your Order will not be sent through to the restaurant’s kitchen or fulfilled.