Нижеуказанный договор для пользователей и путешественников написан на английском языке, т.к. наша компания находиться и действует на территории США. Обращайтесь к нам по телефону или почте с любыми вопросами по данному договору.
AGREEMENT FOR USERS AND TRAVELERS
When you use this website, you agree to the following terms, and you agree to convey the contents of this Agreement to your traveling family members or companions:
1. Responsibility: Yes We travel, Inc (We) act as an agent for the airlines, tour operators, cruise lines lodging providers, car-rental companies, ground operators, and any other suppliers of travel services shown on your itinerary .We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts.
2. We shall not be liable to you for our failure, delay or inability to fulfil any Booking or performance of any obligation under these Terms and Conditions by reason of, including but not limited to, any fire, earthquake, flood, substantial snowstorm, epidemic, explosion, strikes, riot, civil disturbance, war, act of God, any failure or delay of any transportation, power or communications system, non-performance by suppliers or subcontractors or any similar events which are beyond the control of Yes We Travel, Inc .
3. Hazards: We have no legal knowledge regarding foreign entry requirements, unsafe conditions: health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour.
For foreign entry requirements and travel advisories, go to http://travel.state.gov/
For foreign health requirements and warnings, go to http://wwwnc.cdc.gov/travel
You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
4. Limitation of Refunds: All airlines impose cancellation and change penalties up to 100% for many discount rickets. All tour operators, cruise lines, and some resort hotels impose cancellation and change penalties up to 100% as well. Please view the applicable rules before you make your reservation.
5. Delays: Flight delays are very common today. If your flight is delayed far any reason, the airlines are not required by law to pay for your en route expenses, such as meals, hotels, taxis and phone calls.
6. Check Your Itinerary and SPELLING of your names, as soon as you receive your booked itinerary. Check it thoroughly to make sure everything is correct.
7. Package Trips: If you book a trip, we must collect the tour operator's or cruise line’s deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. We do not endorse or recommend any particular tour operator or cruise line; our role is strictly limited to facilitating the booking. After you finish your booking, we will send you any agreement required by the travel services supplier, along with a request that you sign that agreement and return it to us. In the event of any inconsistency between that agreement and this agreement, the latter shall govern.
8. Charter Trips: If your package trip involves a charter flight, or if your vacation involves an air-only charter night, federal regulations require that you also sign the charter operator's participant agreement, which will be mailed to you. It is extremely important that you realize that, for charters:
- Departure rimes (both going and returning) can change at the last minute. These delays legally can be as much as 48 hours (approximately two days late).
- Your flight may be advertised as non-stop; however, the operator may legally change the routing and make intermediate stops at the last minute.
- The charter operator may legally-substitute types of aircraft and even airline at the last minute. Charter aircraft are generally not as comfortable as the scheduled aircraft.
- The charter operator generally takes no responsibility for baggage It is not unusual to have luggage misplaced.
- Charter trips have very stiff cancellation penalties. No one plans a trip with the idea of canceling; however, sometimes that becomes necessary and you must understand what to expect or not to expect in the way of refunds.
- Usually, no frequent flier miles are accrued.
- Advance seat assignments are frequently not available.
9. Final Payment: For all vacation trips, you must have made full payment before we release the tickets or documents.
10. Non-Use of Airline ticket: In the event that you purchase a ticket that you may or may not use, we do not guarantee that the airline will honor the ticket or rickets, and you agree to indemnify us against airline claims for the difference between the full fare for your actual itinerary and the value of the ticket that you purchased.
11. Airline Name Changes: Any name change including minor spelling corrections may require airline reservations to be canceled and rebooked. Reservations are subject to current availability and pricing at the time of rebooking. Once airline tickets are issued, subsequent name corrections will be subject to an airline rebooking fee which may be as much as the full value of the airline ticket plus a $50 revision fee per change. We shell not be held responsible for the denial of services by a carrier due to any name discrepancy. Name changes must be advised to us in writing.
12. Schedule Changes: In the event of an airline schedule change, We will make every effort to inform passengers of the schedule change and new flight schedule prior to departure. We are not responsible for schedule changes including, when applicable, changes in routing and/or the number of stops in the itinerary. We are unable to provide compensation for schedule changes, seat assignment modifications, or cancellations implemented by an airline. In the event of any change in flight itinerary made directly between passengers and their airline, it is the passengers' responsibility to advise us of amended flight details in writing. We cannot be held responsible for land services, including arrival and/or departure transfers, if flights are changed without our knowledge.
13. Hotel Accommodations: All rooms are standard twin-bedded (two single beds) rooms with private facilities, unless you have specifically requested and paid for an upgraded room category. Special requests such as bed types, smoking preference and connecting rooms are subject to availability. Room selection in all cases, unless otherwise reserved, is strictly at the discretion of the hotel's management on a run-of-house basis. Triple rooms consist of standard twin beds or one double bed plus a sofa/folding bed or cot for third person except in the U.S. and Canada, where triple rooms often consist of two double/queen beds for three persons; a fee may be charged by the hotel for the addition of a cot/rollaway. The number of persons accommodated does not dictate the room size. Although available at most 4 and 5 star hotels, use of air-conditioning abroad differs greatly from the United States. Many European hotels were built before central air-conditioning was introduced. Air-conditioning is often shut down at night and from the end until the start of the summer months. All hotel rates are based on our agreements with its suppliers and are not negotiable. Hotel check-in time is generally not before 4:00 p.m. and check-out time is prior to noon. Please be sure that adequate arrangements for accommodations have been taken into consideration when a late night flight is being used. If a day room is included in the itinerary, check-out will normally be 6:00 p.m. We reserve the right to make substitutions with hotels of equal standard. There will be no refunds for any difference in the cost of those accommodations.
14. Sightseeing & Itinerary: Will be operated by motor-vehicle, its size dictated by the number of participants. We tours have been designed to accommodate individuals as well as groups. The number of participants may vary during the tour, as We accommodate travelers arriving on different airlines and on different days of the week. Times listed in itineraries are approximate and meant only as guidelines. Some itineraries may have early morning start times for sightseeing in order to complete the touring during daylight hours or avoid afternoon heat in tropical and desert climates. It is your responsibility to arrive on time for all scheduled flights, cruises, and package components. Arriving late may be considered a "no-show", in which case you will not be eligible for refund for the unused service(s). We cannot guarantee the number of passengers who will be on any given tour. You may find that you are traveling with a sizeable group or only with your own companions. Services, however, will remain constant no matter the number of tour participants. Some buses are equipped with toilet facility, however they are strictly intended for emergency use only. On dates including, but not limited to religious holidays and national celebrations, some monuments and sites may be closed. On these occasions, touring itineraries may be amended to reflect these closures. Occasionally, during holidays and certain periods, and/or due to unforeseen circumstances including weather conditions there may be last-minute changes, sometimes after arrival, in affecting the sequence of the tour, locations visited and/or hotels. Therefore, we reserve the right to adjust the sequence and/or substitute any hotels with others of similar category. In such cases there will be no cost adjustment. National monuments and tourist sites regularly undergo renovations, which can obscure the monument's view. No tour will be canceled due to renovations, however We will decide based on the conditions whether to amend an itinerary. Our itineraries may contain suggestions for activities for your leisure time; these suggestions do not constitute a recommendation nor an endorsement of any specific service provider and the decision to participate in any such activities should be made independently and with due consideration. We are not responsible for any activities not expressly included in its programs.
15. EUROPEAN RIVER CRUISES: This Agreement governs the relationship between you, the passenger, and the owner and/or operator of the river cruise ship as well as their affiliates, subsidiaries and parent companies and also their respective agents, employees, and independent contractors (collectively, the "Operator"). The provisions of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea (1974) and the International Convention on Limitation of Liability For Maritime Claims (1976) are incorporated in this Agreement except where the terms conflict with any mandatory provision of law or international convention, including, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation (1988), in which case the provisions of that law or convention prevail. The Operator shall be liable in accordance with the provisions and limitations of the 1974 and 1976 Conventions which, in most cases, limit liability for death, personal injury, and lost or damaged property. 1974 limits actions to be taken within a period of two years. Notwithstanding, in no case shall an action be brought after the expiration of a period of three years from the date of disembarkation of the guest or from the date when disembarkation should have taken place, whichever is later. The Operator shall not be liable for lost or damaged valuables, except where such valuables have been deposited with it for the purpose of safe-keeping in which case the Operator shall be liable up to the limit provided for in the Conventions. Where any of the Conventions permit us to apply a deductible, Operator may apply that deductible. Nothing contained in the Agreement shall be construed to deprive the Operator of the benefit of Subtitles II and III of Title 46, United States Code, or of any other Convention, Statute or law whatsoever which might be applicable providing for exoneration from or limitation of liability.
16. Itinerary changes. After departure, if the services included in the vacation cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of vacation participants, and any resulting savings will be refunded by the Company to vacation participants. The vacation participant agrees that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection Plan, or any other person.
17 Right to reject. The Company reserves the right to accept or reject any person as a vacation participant; to expel any participant from the vacation; to make changes in the itinerary whenever the Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a vacation at any time.
18. CUSTOMER SERVICE: All customer service issues must be submitted in writing. Please notify us within 30 days following your return. For claims for Russian river cruises, please notify us within 15 days following return. Claims for refund of undelivered services must be accompanied by payment receipt(s) and local documentation. There will be no refunds for unused package tour services or features, including missed transfers due to airline changes and/or missed flights, unused meals, missed sightseeing tours, unused entrance fees, and accommodations. Airline flight cancellations and delays for any reason are not our responsibility. Submit your claim directly to the airline. We do not guarantee airline response. Refunds are not normally considered by hotels if they were not given an opportunity to address those complaints locally. Processing of claims will take up to eight weeks from the date we receive relevant documents. Refunds are processed to the credit card(s) originally used for payment, up to the total amount paid, with any remaining balance paid by US Dollar check. We are not obliged to guarantee promises (written or verbal) made by local hotel staff, tour guides, or any other persons not employed by Yes We Travel.
19. RELEASE FROM LIABILITY: Yes We Travel Inc., its owners, directors, officers, employees and affiliates, (collectively "We") does not own or operate any entity which is to or does provide goods or services for its trips including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, We are not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, We are not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond our direct control. In addition, I release Yes We Travel, Inc. from its own negligence and assume all risk thereof.
21. ASSUMPTION OF RISK: I am aware that travel such as that I am undertaking involves hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of We, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating on the trip. In order to partake of the enjoyment and excitement of this trip I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of Yes We Travel, Inc. and agree to hold harmless and release Yes We Travel, Inc. from claims of third party negligence.
I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this tour or my safety in this activity, and I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorize Yes We Travel, Inc. or my local ground handler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent.
22. Exclusive Jurisdiction: All suits in connection with, or incident to, this Agreement shall be litigated, if at all, in the courts of the Country of USA, State of MA, Norfolk County, to the exclusion other courts of any other state.
23. NO WARRANTIES: THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THIS SITE ARE PROVIDED “AS IS”AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE UNITERUPTED OR IN AN ERROR-FREE FASHION, THAT DEFECTS \WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO CONSEQUENTIAL DAMAGES: IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTAL DAMAGES, INCLUDING W1THOUT LJMITATION LOST PROFJTS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTE'NT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.