General Conditions of Yotomu Platform

Yotomu, owner of the Website yotomu.com (hereafter the “Website”), is a company dedicated to the intermediary services of reservation and booking third party activities, excursions guided tours and other touristic activities throughout the world, for those Users who are interested in contracting said services. Yotomu places a platform yotomu.com at the disposition of its Users, through which a natural or legal person (hereafter “the User”) can pay and reserve tourist activities, excursions, guided tours and transfers.

1.- GENERAL CONDITIONS OF WEBSITE USE AND ACCESS

If you access, view, or use the materials, content, or services via the Website, this implies that the User understands and accepts these General Conditions of Use, which define the rights and obligations of Yotomu and the User, regards the contraction of touristic activities, guided tours and transfers.

These are the only General Conditions of Use applicable to the use of the Website (notwithstanding that some services may entail specific conditions) and to the contraction of services which supersede any other conditions, except in the case of a previous agreement in writing between Yotomu and the User.

To access the Website, User registration is not required. However, to be able to contract any of the services offered by Yotomu it is required that the User registers and accepts these conditions before making the corresponding payment.

2.- PURPOSE OF THE WEBSITE

Yotomu DOESN’T sell any experiences directly and is not the owner of the Tours listed

Yotomu has developed this Website to offer the User a service for the reservation of activities, excursions, and guided tours in different countries throughout the world.

Yotomu informs you that the activities, excursions and guided tours, are services provided by third parties, who collaborate with Yotomu (hereafter the Provider/s). Therefore Yotomu IS LIMITED EXCLUSIVELY TO THE RESERVATION OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, THROUGHOUT THE WORLD, WHICH ARE THEMSELVES UNDERTAKEN DIRECTLY BY THE PROVIDERS.

In addition, via the Website, Yotomu offers its Users free travel guides to different destinations, which include photographs, information on transport, the most important tourist sites, an interactive map and different recommendations and advice related to the destination. The access and consultation of said travel guides can only be done online, and their commercialisation is prohibited, with the User accepting this use and being responsible for misuse and unauthorised use.

In general, the contraction of the services offered by Yotomu will take place between the User and Yotomu, although with certain providers Yotomu will be limited to offering its Website as an online platform through which providers offer their services to be contracted directly by Users. The form of agreement will be indicated in the voucher of the activity.

In this latter case, the User, when finalising the reservation, establishes a contractual relationship with the provider with whom they have reserved the activity or transfer. Yotomu will act as an intermediary between the User and provider, limited to transmit the relevant reservation details to the provider and sending the User an email confirmation of the reservation in place of the provider.

The information displayed by Yotomu through the Website is, in any case based on the information provided by the local providers.

3.- RESERVATION WITH YOTOMU AND REGISTRATION ON THE WEBSITE

To be able to make reservations via the Website, the User will have to provide their personal details (name, surname, e-mail, telephone and mobile), or in their case the data of the person in whose name the activity or transfer is being reserved, with Yotomu being able to make the reservation solicited by the User.

Users can also create a User Account by filling out the registration form on the Website. Through this account, the User will create a profile which will provide access to a private area of the Website, through which they can manage all the reservations made through said Website.

By accepting these General Conditions of Use, Users state that they will provide correct, exact, current and complete data about their identity, or the person in whose name the activity or transfer is being reserved. In this way, the Users will be responsible for the accuracy of the data given to Yotomu and of any consequences which could arise from errors in this information.

Users will bear full responsibility for the use of their account. Therefore they will also be responsible for the care and confidentiality of their Username and/or passwords which permit access to their account, and state that they will not provide use to third parties, whether temporary or permanent, nor provide access to said third parties.

In accordance with the former, Users must immediately notify Yotomu by email to info@yotomu.com any unusual activity regarding their User name and/or password, arising from circumstances such as theft, loss, or unauthorised use, so Yotomu can proceed to cancel or block as soon as the undue use of your User Account is known. If you fail to communicate the above, Yotomu will be exempt from any responsibility for the consequences of undue use of the Username or password by unauthorised third parties.

4.- SPECIFIC CONDITIONS REGARDING THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS

The reservations made by each User via the Website are subject to the specific conditions which apply to each activity, excursion or guided tour. The User can find these conditions in the description of the activity on the Website, and in the confirmation email sent by Yotomu after the reservation is made.

4.1- General Conditions Applicable to all Services.

In general, the reservation of activities, excursions and guided tours that Yotomu promotes through its Website are subject to the following conditions:

To reserve and activity, excursion or guided tour privately, please contact Yotomu through the contact form available at Contact Page

4.2. – Specific conditions relating to the information of the activity, excursion and/or guided tour reserved.

The meeting point, date, time, duration and all necessary information for the activity, excursion and/or guided tour reserved can be found in the description of each service

In the confirmation email as well as giving you all the information regarding the reserved service, Yotomu may provide the User with a reservation voucher for the activity, activity, excursion and/or guided tour or Yotomu will inform the User about the arrival of an email from the provider with the justification being that the User should present this to the provider before the activity begins, or once it’s finished, depending on the specific conditions established by the provider.

Users must be punctual and be at the meeting point at the time and on the day indicated on their voucher, as all activities, excursions and/or guided tours have a specific departure time, and it is impossible to modify the start time.

Duration of the activities, excursions and/or guided tours published on the Website are of a referential nature and could be subject to variations depending on the functioning of the service on the day or a factor external to the provider and/or Yotomu such as inclement weather, traffic, demonstrations etc.

If, once the User is in the destination and has questions relating to the service reserved, and in particular with the meet point of the activity, excursion or visit the Users can contact us by email.

5- Other

Yotomu informs you that the provider may request that you show your voucher before the tour begins. Yotomu does not accept any responsibility should the User not do so.

6 – RESERVATION FARES

The contracting conditions of Yotomu reserved services will be formalized once the Users have completed and accepted the activity reservation form and this has been confirmed, with the reservation and payment processes having been completed correctly.

The prices will be indicated by Yotomu when the reservation of the activity chosen by the User is being made. All services are immediately confirmed and payment should be made immediately by credit or debit card (Visa or Mastercard) or via PayPal.

In general, Yotomu takes payment via the web page of the activity, excursion, guided tour and/or transfer reserved by the User.

These prices are expressed in Euros (€),  with tax included, and with the total value indicated in the final step when contracting the service.

Usually, Yotomu  does not apply discounts in the provision of its services, unless it is established in the conditions of the corresponding activity, day trip, guided tour and/or transfer.

Having made the reservation, Users will receive an email which confirms receipt of payment for the contracted service and will provide a receipt for said services.

The User can download documentation regarding the contraction of services by Yotomu via the Website. In some cases the necessary documentation to take this service will be sent via email to the User by the provider. If the reservation is cancelled, the conditions in section 7 of these conditions apply, and Yotomu will send the relevant rectifying documents to the User.

Users shall notify Yotomu of any undue or fraudulent charges on the card that was used for the purchase by writing to info@yotomu.com, as soon as possible for Yotomu to be able to make the necessary adjustments.

7.- CANCELLATION POLICY

Notwithstanding the User’s rights with regard to cancellations of package travel services, which are subject to the provisions of of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “General Law of Consumers and Users“), each of the services advertised by Yotomu on the Website (activities, excursions, guided tours and transfers) has a specific cancellation policy, which the User can consult in the description of the activity (on the Website), as well as in the confirmation email sent by Yotomu once the booking has been made.

Each service provided by Yotomu on the present Website (activities, day trips, guided tours and transfers) has its own specific cancellation policy. The User can check each specific cancellation policy in the description part of each activity (in the Website) or on the confirmation email that Yotomu will send the User once the reservation has been made.

Hence, the specific cancellation conditions will be applicable to each service, which establish the cancellation time and possible penalisation.

Yotomu will manage cancellations and will confirm the cancellation policies of each activity, excursion, guided tour and/or transfer.

If the SUPPLIER does not have availability on the reserved date, Yotomu will offer the customer an alternate date or schedule, which must be accepted or declined by the customer. If no reply about the alternative option is received within 72 hours, the booking will be cancelled and refunded immediately. In either case, Yotomu will send the relevant documentation.

IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL TERMS OF USE, THE USERS DECLARE TO HAVE EXPRESSLY READ AND ACCEPTED THE PRESENT CANCELLATION POLICY AND HEREBY AGREE TO THE CANCELLATION POLICIES OF EACH ACTIVITY, DAY TRIP, GUIDED TOUR AND / OR TRANSFER THAT ARE RESERVED ON THE PRESENT WEBSITE.

8.- CONDUCT ON THE WEBSITE

Users will not make licit, honest and correct use of the information and content accessed via the Website, and all this comes under the principles of good faith, respecting legality and the present General Conditions. In particular, but not limited to, Users should not:

Yotomu reserves the right to deny any access to the Website or cancel User accounts should they be related to incorrect use of the Website, in accordance with the terms established in this clause.

9.- OPINIONS, COMMENTS, COMMUNICATION AND OTHER CONTENT

Users that reserve activities, day trips, guided tours and/or transfers on the present Website can publish their reviews and opinions on Third party Review service

To do this, Yotomu will send Users an email when the activity or transfer is over, so that they can review their experience and service provided by Yotomu.

When Yotomu receives a User’s review, it will be looked over and published as soon as possible on the present Website.

It is forbidden to upload intimidating, threatening, degrading or that promote violence against a particular group of people in any way. The Website cannot be used for advertising, promoting companies or businesses, brands or personal elements. Yotomu will only publish User’s reviews that correspond to the service reserved by the User.

In particular, Yotomu reserves the right to not publish reviews that include the following words and phrases:

Communications between Yotomu and the Users should be made by email with an acknowledgement of receipt or via another means of communication.

10.- PRODUCT LIABILITY

Notwithstanding the liability in package travel services which are subject to the provisions of the General Law of Consumers and Users, and by way of illustration, but not limitation, Yotomu is not liable for the following circumstances:

Furthermore, and in the case of the User contracting services directly with the Provider, Yotomu will not be responsible for:

Likewise, in no event shall Yotomu be liable or made responsible or provides any guarantee for any type of damage caused by the access or usage of the Contents or the Website. Yotomu is not liable of the following circumstances:

 

Yotomu reserves the right to take legal action considered opportune and that by law correspond the company against Users who violate the dispositions outlined above, and in general, for failure to fulfil these General Terms of Use.

With regard to any package travel services offered by Yotomu to which the provisions of the General Law of Consumers and Users apply, if after having selected and paid for a package travel service with another company, the User books additional travel services for his/her trip through Yotomu, he/she will NOT enjoy the rights that apply to package travel by virtue of the revised text of the General Law of Consumers and Users.

Therefore, Yotomu will not be liable for the correct provision of such additional travel services. In the event of problems, the User should contact the corresponding service provider.

11.- INTELLECTUAL PROPERTY

11.1 Intellectual and Industrial property regarding the Yotomu Website.

Any and all intellectual property rights associated with the Website and its contents are the sole property of Yotomu or third party Websites. All designs, texts, custom graphics, logos, icons, buttons, software, names, brands, industrial drawings and other items that appear on the Website are property of Yotomu and other entities that have granted Yotomu the right and license to use such Marks and may not be used or interfered with without the written consent of Yotomu  or the third-party entities.

None of the Website’s Content and/or information may be modified, reproduced, republished, translated into any other language, distributed or re-transmitted in any form or by any means without prior written consent of Yotomu in compliance with the Royal Legislative Decree 1/1996, 12 April, which approves the Consolidated Text of the Intellectual Property Law, as well as Law 17/2001, 7 December, of Trademarks and the complementary legislation in matter of Intellectual and Industrial property.

Yotomu does not give the User any license or authorization of any kind regards its intellectual and industrial Property or any other kind of rights related to the Website, services and Contents. In no case will the access and navigation of the Users imply a renunciation, transmission, license or total or partial cession of these rights on behalf of Yotomu.

Any use of these contents not previously authorized by Yotomu will be considered a serious infringement of the intellectual or industrial property rights and will give rise to legally established liabilities.

11.2 Intellectual property concerning users reviews published on the website.

As Yotomu allows Users to publish their reviews on the present Website, the Users must give Yotomu a universal license, without restrictions and free to use, distribute, public communication, adaptation and duplicate these reviews. Via this license, Yotomu can transform, adapt and to sum up, use the Users’ reviews for publicity and promotion of Yotomu’s Website and social media.

12.- MODIFICATIONS

Yotomu reserves the right to make as many changes as necessary to these General Conditions of Use. If any modifications are made, Users will be previously informed. These modifications will be valid from the moment they are published on the Website.

13.- SAFEGUARD CLAUSE

All the clauses or provision in these General Conditions of Use must be interpreted independently and autonomously. The rest of clauses may not be affected if one of them is declared void by judicial judgment or firm arbitration. The clause or clauses that have been affected will be replaced by other provisions that preserve these General Conditions of Use.

14.- JURISDICTION AND APPLICABLE LEGISLATION

These General Conditions of Use are in accordance with the Italian Legislation. In case of a litigation concerning the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the User shall be competent.

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. on the resolution of online consumer litigations, Yotomu also informs Users that, in case of controversy, Users resident in the European Union will be able to go to the “Online Platform for Conflict Resolution” developed by the European Commission, in order to try to solve extrajudicially any controversy arising from the provision of services by Yotomu.

To access the “Online Platform for Conflict Resolution” go to the following link: http://ec.europa.eu/consumers/odr/.

In any case, Yotomu, Fiscal Identification Number 04453630164, Contact Email: info@yotomu.com

makes it clear to the Users that they have a Claim Form by which they can make any complaint or claim in relation to the services provided by Yotomu.

General Conditions Yotomu