Booking Conditions
BOOKING CONDITIONS – YES-TRIPS
These terms and conditions apply to every booking with Yes-Trips and to every natural or legal person or entity that makes a booking with us. If you make a booking with Yes-Trips this means that you fully understand and agree to our booking conditions. We assume that you have read these terms carefully before making a booking.
Where in these booking conditions we refer to “we‟, “us‟ and “our‟, this means Yes-Trips and any of its representatives, agents, employees and guides. References to “you‟ and “your‟ means the company, association or any other group or party making a booking with Yes-Trips.
1. Making a booking
1.1. The person making the booking (the ‘’Contact Person‟) must be at least 18 years of age and have the authority to book on behalf of you. A binding contract between you and us will come into existence when we send a confirmation or an invoice to you or after signing of a written contract relating to one or more bookings with us.
1.2. The details and prices as stated in our booking confirmation prevail over your initial booking request. It is your responsibility to check the booking confirmation you receive from us and notify us of any errors or discrepancies with your booking request within 48 hours of receipt. If we receive no error notification from you within these 48 hours we consider the booking as final and binding for both parties.
1.3. The Contact Person is responsible for passing on any information about the booking to you and to us. This includes: accommodation details, schedule changes and participant changes. The Contact Person is also responsible for notifying us of any personal circumstances of all participants.
2. Prices
2.1. Our prices are tailor-made and depend on the specifics of a booking request and we reserve the right to alter the prices of any of our offers and trips at all times. You will be advised of the current price of a specific trip that you wish to book before your booking is confirmed.
2.2. We reserve the right to adjust the price of a specific trip when we are forced to do so as a result of unusual or unforeseeable circumstances beyond our control such as but not limited to (tourist) tax increases in the event that any of our suppliers or partners pass on such additional costs to us. We shall notify you of such additional costs as soon as possible. In case you do not wish to bear such costs and we cannot come to a reasonable agreement you shall have the right the cancel the trip.[EM1]
3. Changes
3.1. We reserve the right to change your trip arrangements as they are confirmed or discussed in advance. We take all due care to not make any significant changes to your confirmed trip arrangements less than 14 days before departure unless we are forced to do so as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we are forced to make a change as a result of a fault or failure to deliver from one of our suppliers or partners. The following changes are (non-limited) examples of potential changes to your confirmed trip arrangements:
· A change of your time of departure and/or arrival;
· A change of your departure and/or arrival location;
· A change of accommodation;
· A change in schedule of the trip or activities.
3.2. We warrant that for all changed arrangements we shall offer you a reasonable alternative that is in conformity with the details of your confirmed booking.
3.3. No compensation will be paid and no liability will be accepted where we are forced to make a change as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we are forced to make a change as a result of a fault or failure to deliver from one of our suppliers or partners. Furthermore, no compensation is payable for minor changes. A minor change is any change which we could not reasonably expect to have a significant effect on your confirmed trip. Minor changes do not entitle you to cancel or change to another trip without paying our normal charges.
3.4. A participant may transfer his or her booking to another person who satisfies all the conditions required. The transferor and the transferee shall be jointly and severally liable for payment of the balance due and for any possible additional costs. You or the participant can request us to find another person to take over the booking and facilitate the transfer, however, we cannot be held accountable for this and the participant shall at no time have the right to obtain a refund from us.
4. Cancellations
4.1. Any cancellations of a trip from your side must be notified to us in writing and will only be effective after our written confirmation and on the terms as stated therein.
4.2. A free of charge cancellation is only possible until the final date as stated in our booking confirmation. If you cancel your booking after this date you will have to pay all our suppliers’ and partners’ cancellation charges and any other non-refundable payments we have already made in the course of arranging your trip.
4.3. We can only operate each of our trips if a minimum number of participants book them. If the minimum amount of participants as stated in the booking confirmation is not met at the final date as stated in the booking confirmation, or at any time before if it can reasonably be expected that the minimum number of participants shall not be met before the final date, we have the right to cancel the particular trip or to sell the remaining tickets to any other persons at our own terms. If possible, we will endeavor to offer you an alternative, such as the same trip departing on a different date or a joint trip together with participants from another party that has made a booking with us. Where we cancel for lack of participants in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable and we cannot be held liable for any expenses already incurred on your side.
5. Payment
5.1. Our booking confirmation and/or invoice will show the total price you must pay for your trip. If any additional charge for any additional services becomes payable which is not included in the initial booking confirmation or invoice, a revised booking confirmation and/or invoice will be sent to you showing that charge.
5.2. We must receive the full cost of your trip (less any deposit(s) which might have already been paid) on the bank account as provided by us no later than 7 days after the return date of the trip.
5.3. If for any reason the full cost of your trip is not received by us within 7 days, we will write or otherwise inform you that the payment is overdue. If the full payment is still not received by us within seven days of the reminder being sent out, we will be entitled to increase the full cost with a weekly interest of 5% of the total price of the trip for each subsequent week that we have not received the total amount due. We are at all times entitled to use all available legal remedies to obtain the outstanding balance including interest. All judicial and extrajudicial costs reasonably incurred by us (such as, but not limited to: bailiff’s costs and costs of legal assistance) made in this context will be passed on and have to be borne by you.
6. Travel documents
6.1. We are not responsible for checking and informing you and your participants regarding travel documents required for a trip. It is your and your participants’ own responsibility to check that your passport, visa and/or health certificate is valid and in order for the trip.
6.2. We cannot be held responsibility and do not assume any liability for any delay or expense incurred through irregularities in personal travel documents. You and your participants have no right to any refund in case you cannot fully or partly attend a trip or any activity due to an irregularity in personal travel documents.
7. Insurance
7.1. We are not responsible for checking and informing you and your participants regarding personal travel and/or health insurance needed or recommended for a trip. It is your and your participants’ own responsibility to take out an appropriate travel and/or health insurance for the trip.
7.2. We cannot be held responsible and do not assume any liability for any delay or expense incurred through irregularities with regard to any personal insurance. You and your participants have no right to any refund in case you cannot fully or partly attend a trip or any activity due to an irregularity in personal insurance coverage.
8. Flights
8.1. In case your booking includes flights you will be informed of the airline(s) operating your trip’s flight(s) at the time of booking. We shall inform you of the planned flight timings but your actual flight timings will be those shown on the official airline itinerary which you should check carefully as soon as you receive them.
8.2. The rules and regulations as set out by the airline company shall apply at all times. It is your and your participants’ sole responsibility to check and comply with these. We are not responsible for checking and informing you and your participants regarding airline regulations and conditions that might apply, for example luggage requirements. We cannot be held responsibility and do not assume any liability for any delay or expense incurred through irregularities or non-compliance with airline regulations and conditions. You and your participants have no right to any refund in case you cannot fully or partly attend a trip or any activity due to an irregularity or non-compliance with airline regulations and conditions.
8.3. The flights included in your trip are in principle booked without checked baggage, only hand luggage is allowed. It is your and your participants’ sole responsibility to check the airline’s baggage allowance policy and to comply therewith. In case you or any of your participants wish to upgrade their flight to include checked baggage you need to inform us thereof at least 14 days prior to departure. All costs relating to the upgrade shall be borne by you or the participant(s) who wish to upgrade their flight.
8.4. You are solely responsible for providing us with all the participants’ personal details as required for finalizing the flight tickets, such as passport and visa details. Finalized flight tickets cannot be changed or refunded unless to the extent allowed by the airline company. We cannot be held responsible and do not assume any liability for any delay or expense incurred through irregularities in participants’ details. You and your participants have no right to any refund in case you cannot fully or partly attend a trip or any activity due to an irregularity in this respect.
8.5. We cannot be held responsible and do not assume any liability for any flight delay, flight cancellation or denial on board of one or more participants by airline staff. Under EU law (Regulation 261/2004) you and your participants have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund from us.
9. Data protection
9.1. For booking a trip we require your and your participants’ personal details. We warrant that all personal details shall be treated with utmost care in conformity with the applicable Dutch Data Protection regulations. We shall not provide your details to third parties without your consent unless this is required for making bookings or other arrangements for the trip.
9.2. By making a booking through us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in The Netherlands); for market research and analysis purposes; for improving customer services; for the detection of fraud or other crime; and for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration).
10. Photographs and videos
10.1. During the trips we shall make videos and photographs in which you and your participants can be identified. By accepting these Booking Conditions you acknowledge that we have the right to use your and your participants’ image, likeness and sound of voice as recorded on audio or video tape without payment or any other consideration. The images may be edited, copied, exhibited, published or distributed without anyone’s approval and can be uploaded on social media.
10.2. In case you or any of your participants have a reasonable objection against one or more of the videos or photographs taken during the trip you and/or the participant(s) shall have the right to request deletion of such video or photograph.
11. Liability
11.1. We cannot be held responsible for any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
· the act(s) and/or omission(s) of the participants, yourself or another member of your party; or
· the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable; or
· unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
· an event which we or our supplier or partner, even with all due care, could not foresee or forestall.
11.2. Except where otherwise expressly stated in these Booking Conditions we cannot accept liability or pay any compensation where the performance of our obligations under our contract is prevented or affected by or you otherwise suffer any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever as a result of force majeure. Force majeure means any event, which we or one of our suppliers or partners in question could not, even with all due care, foresee or avoid. Such events (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
11.3. Where any successful claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, rail, inland waterway or road carrier or any stay at an accommodation, the maximum amount of compensation paid to you will be limited to the maximum amount as will be disbursed to us by our insurance. Where a carrier or accommodation supplier or other partner would not be obliged to make any payment to you under the applicable laws or regulations in respect of a claim or part of a claim, we are similarly not obliged to make a payment to you for that claim or part of the claim.
11.4. We cannot accept responsibility for the behavior of others in your accommodation, or for any facilities/services withdrawn as a result of their action.
11.5. You and your participants are solely responsible for your actions and the effect they may have on others. If we or any of our suppliers or partners believe your actions could be troublesome for other customers, themselves or their own staff, or put them in danger, your or any of your participants’ trip arrangements may be ended and this could mean we, our supplier or partner may either ask you or any participant to leave your booked accommodation, or prevent you or any participant from boarding a means of transport. Our supplier or partner may refuse entry or continued occupation, impose additional conditions on any participant who, for example, is intoxicated and/or disruptive or found to be disruptive. If this happens, suppliers and partners will not pay compensation, make refunds, or cover any expenses you suffer as a result. We can also not be held responsible and do not assume any liability for any loss or expense incurred under this article. You and your participants have no right to any refund in case you cannot fully or partly attend a trip or any activity due to an irregularity this respect.
11.6. We have no involvement in any activities or excursions you might book via us and they are neither run, supervised nor controlled in any way by us. They do not form any part of your contract with us even where we suggest particular operators or other third parties and/or assist you in booking such activities or excursions in any way. Your contract for any such activity or excursion will be with the organizer or operator of that activity or excursion, and subject to their terms and conditions, and to local law and jurisdiction. We cannot accept any liability and cannot be held responsible on any basis in relation to such activities or excursions or for any act(s) or omission(s) of the organizer or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we would be found liable in any respect for any such activity or excursion, that liability is limited to the cost of the particular activity or excursion concerned.
11.7. We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which an accommodation supplier or any other supplier agrees to provide for you where the services or facilities are not part of our booking confirmation or contract and we have not agreed to arrange them.
11.8. Despite anything else in these Booking Conditions, we shall not be liable to you or any participant for loss of profits, revenue, business, goodwill, indirect or consequential loss or damage.
11.9. For all claims, you and your participants must provide us and our insurers with all assistance we or our insurers may reasonably require.
12. Complaints
12.1. If you or any of your participants have a complaint during your trip you must notify our guide or representative who is leading your trip immediately and they will do their best to resolve the problem. Should it not be possible to resolve your complaint there and then, you should call or write to our office. Your complaint must be received no later than 28 days after your trip. Full details should be provided and you should cooperate in providing us with any evidence or additional information we might request. No claim or complaint will be entertained unless you follow this procedure. All complaints that are received are thoroughly investigated and you will be kept informed. We aim to settle all complaints amicably.
13. Miscellaneous
13.1. These Booking Conditions are solely governed by Dutch law excluding its conflict of law provisions. Any conflict or dispute arising out of a booking shall be submitted to the exclusive jurisdiction of the courts in Amsterdam, The Netherlands.
13.2. If any provision or part of a provision of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
13.3. You may not transfer any of your rights or obligations under these booking conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent.