In these general conditions is meant with:
Travel organizer: Yan Travel being the person who, in the pursuit of his business, offers in his own name to a person or to a group of persons in advance organized tours, hereinafter referred to as: "Yan Travel".
Traveler: the other party of Yan Travel, the person on whose behalf the trip is stipulated and who has accepted that stipulation, or the person to whom the legal relationship with Yan Travel has been transferred in accordance with Article 7: 506 of the Dutch Civil Code;
Travel Agreement: the agreement whereby Yan Travel undertakes towards its counterparty to provide a pre-arranged trip offered by it including:
• transport during the travel program
• stay during the travel program
• another tourist service not related to transport or accommodation that represents a significant part of the journey;
Agreement: the agreement between Yan Travel and the other party concerning agreed activities or services, including but not limited to the booking of flights to Armenia.
Website Yan Travel: www.yantravel.nl
Working days: from Monday to Friday, with the exception of legally recognized holidays;
Calendar days: all days;
Office hours: from Monday to Friday from 9 am to 5 pm.
2.1_These general terms and conditions apply to all offers, quotations and agreements of Yan Travel.
2.2 The present terms and conditions also apply to all agreements with Yan Travel, for the execution of which third parties must be involved.
3.1_Yan Travel offers group travel, project travel and individual travel on its website. All rates are expressed in Euro and are subject to change. The rates are per person based on a room for 2 persons, for which other conditions apply. The rates for round trips include air tickets.
3.2_The traveler can fill in the registration form via the website and sign up for the trip. In order to make it possible for Yan Travel to process the registration, it is necessary that she receives a completely truthfully completed registration form.
3.3_Aa a traveler's registration for a trip, Yan Travel will issue an invoice for the aforementioned trip. An invoice is valid up to fourteen calendar days after the date, unless otherwise agreed in writing.
3.4_On the invoice, the traveler receives a booking form.
3.5_The agreement is established after sending the registration form including accepting the general terms and conditions and after transferring the travel sum to Yan Travel.
3.6_ Formation of the contract the traveler receives a confirmation of what has been agreed. If the traveler wishes another payment arrangement, the traveler must contact Yan Travel.
3.7_Although Yan Travel compiles its travel programs with the utmost care, sequences or times in the travel programs may deviate. If this is the case, the description in the program can be considered as the basis of the travel program.
3.8_All extra expenses incurred by the traveler in hotels or during the trip are always at the expense of the traveler.
4.1_The traveler shall provide Yan Travel at the latest at the conclusion of the agreement with all information about himself that may be of importance for the conclusion or the execution of the agreement.
4.2 The person who enters into an agreement on behalf of or for the benefit of another party or a group (the applicant) is regarded as the contact person between the group and Yan Travel. However, each traveler is jointly and severally liable for all obligations arising from the agreement.
4.3_All traffic (including payment transactions) runs between the traveler (s) and Yan Travel. Exceptional agreements can be made with groups.
4.4_The traveler is responsible for timely gathering of information from the appropriate authorities regarding the travel documents and formalities in the field of health. The traveler himself is also obliged to check whether the information provided is still current at the time of departure. Yan Travel can only advise.
4.5_Flight times are subject to changes that are the responsibility of the airline. The traveler is obliged and responsible for informing the exact departure time in advance of the commute.
4.6 Air carriers also impose restrictions on tickets as well as on the amount / weight of baggage, whether or not to compensate for loss of baggage, the imposition of fines and so forth. The traveler must inform himself of this.
4.7_The traveler is obliged to comply with all instructions from Yan Travel to promote the proper execution of the trip and is liable for damage caused by unauthorized behavior, to be assessed according to the standard of a correct traveler. The traveler must respect other cultures, including house rules of hotels, museums etc.
4.8_A traveler who causes such nuisance or burden, that a proper execution of the journey thereby becomes difficult or may be more difficult, can be excluded by Yan Travel from (continued) the trip, if Yan Travel can not be reasonably expected that the agreement is fulfilled. All costs ensuing from this will be at the expense of the traveler, if and insofar as the consequences of the nuisance or expense can be attributed to him. If and insofar as the cause of the exclusion can not be attributed to the traveler, he will be refunded the travel sum or a part thereof.
4.9_The traveler is obliged to avoid any damage or to limit it as much as possible, in particular by complying with his duty to report as referred to in the article "complaints".
5.1 In the conclusion of the agreement the total agreed travel sum must be paid. The travelers receive an invoice for this. This invoice must be paid within fourteen calendar days of the invoice date. transfer the amount to Yan Travel's account number. After receiving this payment, Yan Travel will first start the preparations for the booked trip and Yan Travel assumes that the traveler has accepted the travel conditions of the trip and agrees to digital invoicing.
5.2_ In the event of late payment, the traveler receives a payment reminder after which the traveler is asked to pay the payment within a period of fourteen calendar days. If payment is not made, the contract is deemed to have been canceled on the day of default. Yan Travel then has the right to charge the cancellation costs.
5.3_The traveler who has not fulfilled a financial obligation towards Yan Travel on time, owes statutory interest on the amount owed. Furthermore, all costs involved in the recovery of the amount or amounts owed - both judicial and extrajudicial - are at the expense of the traveler, without prejudice to the other rights accruing to Yan Travel. If Yan Travel transfers the collection of outstanding amounts to a third party on reasonable grounds, then both the judicial and extrajudicial costs of the collection are fully borne by the client, whereby the extrajudicial collection costs are determined on at least 15% of the principal sum to be claimed. .
6.1_Yan Travel has the right to increase the travel sum up to 20 calendar days before the day of departure in connection with changes in the transport costs (including fuel costs), the taxes and charges due. Yan Travel will indicate how the increase has been calculated.
6.2_The prices of airline tickets are subject to changes up to the time of issue.
6.3_The traveler has the right to reject an increase in the fare as referred to in paragraph 1. He must make use of this right within 3 working days after receiving the notification of the increase.
6.4_If the traveler rejects the changes, Yan Travel has the right to cancel the agreement.
7.1_Atletically 10 calendar days before the start of the trip, Yan Travel will provide the traveler with the necessary travel documents concerning the travel program, any vouchers and other relevant information, unless this can not reasonably be required from Yan Travel.
7.2_If the traveler has not received travel documents 5 working days before departure, he / she will inform Yan Travel of this immediately.
7.3_If the trip is booked within 10 calendar days before the day of departure, further agreements will be made about making the travel documents available.
7.4_The traveler himself is responsible for having the necessary and required documents.
CHANGES BY THE TRAVELER
8.1_If the traveler wishes to make changes to the agreement after the conclusion of the agreement, Yan Travel will check whether these changes are (still) possible. Any additional costs due to the changes will immediately be charged to the traveler.
8.2_Change the departure date or reduce the number of paying passengers is considered a cancellation to which the article concerning cancellation / cancellation by the traveler applies.
8.3_If the traveler decides not to make use of program components and / or excursions, meals, accommodation or other services or parts thereof during the trip, no claim can be made on the restitution of (part (s) of) the travel sum.
8.4_If the traveler wishes changes, wishes to substitute another party or cancels all or part of the trip or parts thereof, any costs that Yan Travel has made in this context must be paid or owed on the basis of (legal) regulations. is owed by the traveler and remains to be paid by the traveler, irrespective of what is included in article 11.
9.1_Verig before the start of the trip, the traveler has the right to be replaced by another person who meets all the conditions of the travel agreement. A period of 10 days before the start of the trip is deemed to be timely in any case.
9.2_De substitution takes place by an agreement with the other party and written notification thereof by the transferring traveler to Yan Travel. The transferring traveler and the other are jointly and severally liable for payment of the travel sum and the (additional) costs in connection with the transfer.
CHANGES BY YAN TRAVEL
10.1_Yan Travel has the right to change the travel agreement at an essential point (s) due to weighty circumstances, communicated immediately to the traveler. The traveler can reject the change.
10.2_Yan Travel may change the travel agreement due to important circumstances communicated to the traveler without delay. These changes concern one or more non-essential points. The traveler can only reject the change if it is of more than minor importance to him.
10.3_Transient circumstances are circumstances as referred to in article 12.2.
10.4_If the traveler rejects the change (s) in writing, Yan Travel can cancel the travel agreement. In that case, the traveler is entitled to a refund or remission of the travel sum or, if the trip has already been partially received, a proportionate part thereof.
TERMINATION / CANCELLATION BY THE TRAVELER
11.1_In case of cancellation - for whatever reason - the traveler continues to pay all costs and the travel sum with the application of art. 11.2 due to Yan Travel.
in case of cancellation no later than 60 calendar days before the departure day: 10% of the travel sum;
in case of cancellation from the 60th calendar day (inclusive) up to and including the 31st calendar day before the departure day: 30% of the travel sum;
in case of cancellation from the 30th calendar day (inclusive) up to and including the 16th calendar day before the departure day: 50% of the travel sum;
in case of cancellation from the 15th calendar day (inclusive) up to and including the day of departure or later: 100% of the travel sum.
11.3 For group journeys and project journeys or during the high season, Yan Travel may apply a different cancellation arrangement to the traveler as referred to in Article 4.2.
11.4_If the traveler does not use the trip / does not appear on the departure day, Yan Travel has the right to claim the full fare of the traveler without notice or cancellation.
11.5_In the event of cancellation of flights booked by the traveler at Yan Travel, the traveler will owe the agreed sum, regardless of the period within which the cancellation takes place.
11.6_Cancellation outside office hours are deemed to have been made on the next working day.
TERMINATION BY YAN TRAVEL
12.1_Yan Travel has the right to terminate the contract due to weighty circumstances.
12.2_Important circumstances are defined as circumstances which are of such a nature that further commitment of Yan Travel to the agreement can not reasonably be required.
12.3_As weighty circumstance, in any case a negative travel advice issued by a competent authority applies.
12.4 _If the cause of the cancellation can be attributed to the traveler, the resulting damage will be for the account of the traveler.
12.5_If Yan Travel cancels because of a circumstance not attributable to the traveler, Yan Travel will offer a comparable or qualitatively better offer. The traveler who does not accept this offer is entitled to a refund of the travel sum or if the trip has already been partially received, a proportionate part thereof.
12.6_If the cancellation is the result of force majeure, Yan Travel is not obliged to pay compensation. Force majeure means extraordinary and unforeseeable circumstances that are independent of the will of the person who invokes it and whose consequences could not be avoided despite all precautions.
LIABILITY AND FORCE MAJEURE
13.1_ Notwithstanding the provisions of Articles 10 and 12, Yan Travel is obliged to execute the travel agreement in accordance with the expectations that the traveler could reasonably have on the basis of the travel agreement.
13.2_If the trip does not proceed in accordance with the expectations referred to in the previous paragraph, the traveler is obliged to notify the parties referred to in Article 15 paragraph 1 immediately.
13.3_If the trip does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the travel agreement, Yan Travel is obliged to compensate the damage, unless the shortcoming in the performance can not be attributed to Yan Travel or to the person from whom help Yan Travel to use the agreement because:
the shortcoming in the execution of the travel agreement is attributable to the traveler;
the shortcoming in the execution of the travel agreement that could not be foreseen or could be canceled,
is attributable to a third party who is not involved in the delivery of the services included in the journey; or
the shortcoming in the performance of the agreement is due to force majeure, as referred to in Article 12.6
or an event that Yan Travel or the person whose assistance Yan Travel uses in complying with the travel agreement, could not foresee or remedy with due observance of all possible care.
13.4 _Yan Travel is obliged, depending on the circumstances, to provide assistance and assistance to the traveler if the trip does not proceed in accordance with the expectations that it could reasonably have on the basis of the travel agreement. If the cause of this has to be attributed to the traveler, Yan Travel is only obliged to provide assistance and assistance insofar as reasonably required by Yan Travel. In that case, the costs for the assistance and assistance provided will be borne by the traveler. The costs for the assistance and assistance provided will be borne by Yan Travel if the shortcoming in the fulfillment to Yan Travel or the person whose assistance Yan Travel uses in the performance of the agreement is attributable in accordance with the previous paragraph. . If the trip does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the contract due to circumstances that are attributable neither to the traveler nor to Yan Travel, each person will bear his own damage.
EXCLUSION AND LIMITATION OF LIABILITY YAN TRAVEL
14.1 If a treaty, regulation or law applicable to a service included in the travel, which grants or permits exclusion or limitation of liability to the service provider, Yan Travel's liability is accordingly excluded or limited.
14.2_Yan Travel is also not liable if and insofar as the traveler has been able to recover his damage under an insurance policy, such as a travel and / or cancellation insurance.
14.3_ The liability of Yan Travel is in all cases limited to a maximum of twice the total amount that it has charged in respect of the traveler concerned.
14.4_The exclusions and / or limitations of Yan Travel's liability included in this article also apply to employees of Yan Travel and the service providers involved, as well as their personnel, unless a treaty, regulation or law excludes this.
15.1_A shortcoming in the execution of the agreement as referred to in Article 13, paragraph 2 must be reported on the spot as soon as possible, after observation by the traveler, so that a solution can reasonably be found.
15.2_If the complaint on location is not resolved to the satisfaction of the traveler, the traveler must inform Yan Travel in writing.
15.3_If Yan Travel has not been given the opportunity to remedy the shortcoming by means of art. 15.1 and 15.2, the traveler's right to compensation can be limited or excluded.
15.4_If a complaint has not been satisfactorily resolved, it must be submitted in writing to Yan Travel no later than seven days after the end of the trip or after the original departure date if the trip has not taken place, with a copy of the written notification as referred to under 15.2 is attached.
15.5_If the traveler does not submit the complaint in time, Yan Travel will not deal with this, unless it is not due to the passenger not to file in time. Yan Travel will confirm the non-acceptance in writing.
15.6_Yan Travel will respond in writing within one month after receipt of the complaint.
16.1_It is our policy to handle your personal data with the utmost care and transparency. We make every effort to comply with data protection legislation and we want you to be convinced of the measures we take to safeguard your privacy rights.
16.2_To prepare for and during travel photos and videos are taken. These recordings may be shared on social media, our website and others are published on other promotional material. Of course we are careful with these photos and we do not post photos where you can suffer damage. By accepting the terms and conditions, you grant Yan Travel permission to use photos and videos on which you are viewing for acquisition purposes. If you wish to withdraw this permission or disagree with a publication, you can make this known in writing. The publication will be removed.
17.1_On all legal relationships between the traveler and Yan Travel, only Dutch law applies.
17.2 All disputes arising from or related to the legal relationship between the traveler and Yan Travel, to which these general terms and conditions apply, will only be submitted to the competent court in the district in which the Yan Travel branch is located. , unless provisions of mandatory law dictate otherwise.
Version February 15, 2019