General Terms and Conditions of Sale
- Summary of the main Terms and Conditions of Sale
Yestour is the portal for the tourism products created and operated by Yestour Srl.
These Terms and Conditions govern the offer and sale of Products (as defined below) on the website www.yestour.it and other web addresses that redirect to yestour.it (yestour.it or the Website) created by Yestour S.r.l., with its registered office in Trieste, via Pigafetta 5, registered in the Trieste Companies Register under No. TS – 201911, Tax Code and VAT No. 01302490329, “Tour Operator with S.C.I.A.” (start of business certification), presented to the Municipality of Trieste on 11 November 2017.
When acting as a travel agency pursuant to applicable law, Yestour Srl is covered by insurance policy no. 9276997 provided by Axa Assicurazioni S.p.A.
Yestour Srl – owner of the yestour.it portal – is hereinafter referred to as the Service Provider.
To produce the service/product being sold, Yestour Srl may use authorised establishments/companies/professionals with whom it has previously concluded a contract for the supply of tourist services (coach rentals with driver, hotels, tour guides and tour representatives, etc.). The end-customer can request detailed information about the service providers at any time.
We invite you to read carefully all General Terms and Conditions on this page:
- PERSONS ENTITLED TO PURCHASE: only adult consumers can be customers to the Website (any individual acting for purposes outside of his/her trade, business or profession)
- PRODUCTS OFFERED (Products): Yestour sells packages/tourism products by way of online purchasing and the so-called “point and click” procedure, i.e. consent provided by the User by clicking on the button that expresses his/her willingness to purchase or order the service itself. The products can also be selected only, postponing the sale to the time when direct contact is made between the customer and Yestour’s offices.
- PRODUCTS AND PRICES: products are described in the “product description” page of the Website. Prices are calculated in Euro and always include VAT.
- PURCHASING PROCEDURE: to place an order for the purchase of one or more Products, you must fill out the online Order Form (considered a contractual proposal) and send it electronically to Yestour by clicking on the dedicated button or purchase/booking button unmistakably shown on the respective product page. (By submitting an Order Form to Yestour, you state (a) to have fully read and understood the “product description” of the Provider’s Service and (b) to unconditionally accept and undertake to observe the provisions of these General Terms and Conditions, and (where applicable) the terms and conditions of sale of the Provider (the Service Conditions). We recommend that you read the cancellation and no-show policy of the relevant Provider carefully prior to making your reservation. You must attend the Provider’s Service at the time booked; no reimbursement is granted for no-shows or late arrivals.
- ORDER PROCESSING: upon submission of an Order Form, Yestour and/or the Provider shall either send you an electronic ticket or provide via email the location where you can collect a hard copy of your ticket.
- PROCEDURE FOR CHOOSING A PRODUCT: for certain products, there is no direct selling on line. In this case, you can send a request for information relating to the product and you will be instantly contacted by Yestour’s offices to complete the sale which, apart from the online procedure, subtends the same general terms and conditions.
For further information, please contact Yestour’s Customer Care by e-mail at the following address: firstname.lastname@example.org.
1.1 Products are offered for sale only to (a) consumers (pursuant to Italian Legislative Decree no. 206/2005) including any individual who is acting for purposes outside of his/her trade, business or profession; (b) adults.
Yestour shall be entitled to object to the processing of orders from persons other than consumers, and to any other order which does not comply with these General Terms and Conditions.
- Product information and prices
2.1 You will find the details and information relating to the Service and Product in the “product description” on yestour.it. In this section, you will also see the price of the relevant Product, which shall be calculated in Euro and include VAT. Please ensure that all pricing information on the Website is correct before placing an order.
2.2 In accordance with Article 7-ter of Italian Legislative Decree No. 633/72, VAT will be applied in the relevant invoice to both individuals resident for tax purposes in Italy and consumers not having their tax residence in Italy.
2.3 By placing your order, you state to have fully read and understood the “product description” of the selected Provider’s Service and Product.
- Exclusion of Liability
3.1 By purchasing a Product, you accept and approve the Service Conditions, including the cancellation and no-show policy, and any additional terms that the Provider may apply to your reservation or during your visit.
You must attend the Provider’s Service at the time specified on your Order Form; no reimbursement is granted for no-shows or late arrivals. If you wish to cancel your reservation, please note that you may be charged for your cancellation in accordance with the relevant Provider’s cancellation and no-show policy. Said policies are contained in this document or product description. Where the policies are also present in the product description, they shall supersede those written herein. We recommend that you read the Provider’s cancellation and no-show policy carefully prior to making your reservation.
- Ordering Procedures
4.1 To place an order for the purchase of one or more Products on yestour.it, you must select the relevant Product and fill out the online order form, which is considered a contractual proposal (the Order Form). The Order Form is made up of a “customer information” page for entering personal information, and a second page for providing your payment details. The Order Form also includes the main features of each Product ordered, the relevant unit price (including VAT), and a link to the Service Conditions.
In accordance with Article 7-ter of Italian Legislative Decree No. 633/72, VAT will be applied in the relevant invoice to both individuals resident for tax purposes in Italy and consumers not having their tax residence in Italy.
4.2 To submit your details and complete the Order Form, you need to register with the Website or supply your personal details for the individual purchase (by filling out the registration/order form with your personal information). The User represents and warrants that all personal data provided during the registration/order process is up-to-date, complete, accurate, and true. The User authorises Yestour to verify the truthfulness of the personal data and any other information provided, and undertakes to cooperate with Yestour during such verification.
4.3 By submitting an Order Form to Yestour, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions and Service Conditions. A brief summary of the main Service Conditions and a link to their full version are available on the Website at any time.
4.4 The Order Form will be filed in our database for the time required to process your order and as provided by law.
5.1 Before submitting the Order Form you will be required to provide your credit card information (Visa, MasterCard, and American Express).
5.2 All financial details (i.e. credit card number or expiry date) will be sent by encrypted protocol to Adyen BV (a payment service provider) without any third parties having any access thereto whatsoever. Said details will not be used by Yestour other than to perform the procedure for your purchase, to issue refunds in the event of cancellation or to report cases of fraud to the police.
- Concluding the Online Sale
An order shall be deemed submitted when Yestour receives your Order Form electronically and when the information submitted therein has been verified.
The contract shall be deemed executed when – upon authorised payment through the Website – Yestour delivers your electronic voucher or ticket. In some cases, you may have to wait until the tour is confirmed, in which case your order will remain suspended until it is accepted by Yestour, who will send you a notification at the email address you provided. Only at that point will the payment transaction be processed.
If the payment is made directly to Yestour’s bank account, Yestour will send you the invoice or receipt of payment directly
- Final Provisions and Privacy
Your personal data is processed by Yestour in order to supply the Products. Yestour acts as a Data Controller in relation to the personal data provided, and for the sole purpose of providing the relevant Services. At any time, you may withdraw your consent to receive Yestour’s newsletters and updates on Products similar to those previously purchased. Moreover, you may give your express consent to receive marketing and market research communications from Yestour, as well as communications to carry out market analyses on your personal data.
The General Terms and Conditions may be amended at any time due to the introduction of new laws and regulations or other reasons. The new General Terms and Conditions shall be effective as of the date of publication on yestour.it. Please visit this section of the Website on a regular basis in order to check the publication of the most recent and updated General Terms and Conditions.
In the event that any provision of these General Terms and Conditions is deemed illegal, invalid, unenforceable or against the law pursuant to a final judgment by a court of competent jurisdiction, the remainder of these General Terms and Conditions shall be deemed fully effective and valid.
Yestour may transfer and/or assign any of its rights under the contract to a third party.
- Cancellation Policies
The following cancellation policies apply to all Products unless indicated otherwise in the product description under “Cancellation Policy”, in which case these shall supersede what is written in this paragraph
Cancellation up to 15 days prior to the Tour: 100% refund
Cancellation from 15 days up until the time of the Tour: no refund
- Applicable Law and Jurisdiction
These General Terms and Conditions are governed by Italian law and in particular by Legislative Decree No. 206/2005 on distance contracts and by Legislative Decree no. 70/2003 on certain aspects of e-commerce.
Any dispute, controversy or claim arising from or relating to these Terms and Conditions, or to the breach, termination or validity thereof shall be referred to the Court of Trieste, with the exceptions provided for by law.