Last update: March 3, 2019
The Following Conditions also regulate the activities carried out by the partner/affiliates sites hosting the Iframe module that allows you to view, consult and buy the outdoor experiences (as defined below) directly on the Partner site (as defined below), or using the API or the Referral link of Yakki.
The Terms that refer to Consumer Customers shall apply exclusively to subjects who fit their definition as provided herein. Consumer Customers more specifically are entitled to benefit of all the protections provided for long-distance agreements under Title III, Section II of Leg. Decree No. 206 of September 6, 2005 (“Consumer Code”), as well as all additional statutory protections provided for them by the Consumer Code and any other applicable laws.
1. WEBSITE OWNER
These Terms govern the User’s access and use of the service offered through the Website www.yakki.net (as defined below). Yakki is the business name of the sole proprietorship Yakki of Giorgi Nicola with registered office in via Skasa 26, Santa Cristina (Italy). VAT No. 03029970211.
Pursuant to and for the purposes of these Terms, the following definitions shall apply:
Ad: every single outdoor Experience created and proposed by the Host through the Website;
Customer: User requesting to book an outdoor experience to the Host through the Website;
Terms: The terms and conditions of use that legally govern the availability online of the Website;
Consumer: any individual using the Website for purposes unrelated to their line of business, trade, craft or profession;
Content: all information, data, texts, photos and videos that are available on the Website and that Yakki makes accessible to Users;
Log-in credentials: the email, username and password chosen by the User when registering on the Website;
Outdoor experience: aorganised activity proposed by the Host on the platform;
Yakki: the sole proprietorship Yakki and/or the owner and/or the team and/or the web platform;
Portal (Website, platform): the Yakki platform available at yakki.net;
Professional: any individual or legal entity using the Website for purposes unrelated to their/its line of business, trade, craft or profession;
Host: User who as a single qualified person (outdoor activity related professionals such as mountain guides, hiking guides, mtb guides, etc.) or nonqualified, uses the Website and its features to offer outdoor Experiences;
Cost of service: fee payable to Yakki for the use of the platform by Users who have signed a contract for an outdoor Experience; the fee amounts to 10% of the agreed price for the Experience;
Service: service provided by Yakki through the Website that allows the Hosts to publish Ads and Customers to book outdoor Experiences;
User: person who uses the Website and its features as a Customer or Host;
Partner site: website to whom Yakki grant the right to use the Widget, API or Referral link.
3. DESCRIPTION AND PURPOSE OF THE SERVICE OFFERED
The Website and Services may be used to help publish Ads and for Customers to book outdoor Experiences. These outdoor Experiences are included in the Website Ads by the Hosts. Non-registered Users can view the Ads; however, if you want to book an outdoor Experience, you must register as Customer. Ads can be published only by Hosts that have been authorised to do so by Yakki, according to the procedures established by the latter.
BY MAKING A RESERVATION THROUGH THE WEBSITE, THE CUSTOMER WILL ENTER A DIRECT CONTRACTUAL RELATIONSHIP (BINDING IN LEGAL TERMS) WITH THE HOST THAT PUBLISHED THE AD/OFFER. FROM THE TIME OF BOOKING, THE WEBSITE DOES NOT PARTICIPATE OR CONDUCT ANY ACTIVITY OF INTERMEDIATION IN THE CONTRACTUAL RELATIONSHIP, LIMITING ITSELF ONLY TO FACILITATE USE OF THE PLATFORM.
THE WEBSITE AND THE SERVICES ARE INTENDED TO BE USED TO FACILITATE INTERACTION BETWEEN HOSTS AND CUSTOMERS AND FOR THEM TO BOOK OUTDOOR EXPERIENCES. YAKKI IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY IN RELATION TO ALL PUBLISHED ADS AND EXPERIENCES.
4. REQUIREMENT OF AGE
Access to the Yakki platform for all Users is not allowed for children under eighteen (18) years of age. By accessing or using the Website, you represent and warrant that you are of adult age and that you have the capacity needed to book offers, accepting integrally the contents of these Terms.
5. BOOKING OUTDOOR EXPERIENCES
The reservation of an outdoor experience will take place through a special online feature provided by the Website, which the Customer will use to select the Experience, specify the date and number of participants, enter his/her first and last name, email, phone, other information that may be relevant and finally, book online.
The Host alone shall be responsible for honouring any reservation confirmed through the Website. The Customer understands and accepts that he or she will be required to enter into an agreement with the Host and acknowledges and accepts that the responsibility of compliance with that agreement falls on the latter, and not on Yakki, which is not in any way part of those agreements and, except as provided in these Terms, has no liability arising out of or relating to the agreements.
The Host has three days of time to confirm the booking. The booking confirmation is notified to Customers through e-mail. With the booking confirmation, the Host agrees to provide the Customer the Experience according to the procedures and terms contained in the description of the outdoor Experience.
6. BILLING & PAYMENTS
The Price of the Experience is not established by Yakki but by the Host offering the Experience. The Price of the outdoor Experience is clearly stated in the Ad.
Therefore, Customers purchase one or more outdoor Experiences directly from the Hosts at the price they establish. All published amounts are inclusive of VAT and other applicable taxes.
The Customer agrees to provide to Yakki or to the third party that processes payments (Stripe, Paypal) the customary billing and credit card information, authorising Yakki or the third party that processes payments (Stripe, Paypal) to collect an amount equal to 100% of the total price of the Experience.
These amounts are kept by Yakki or the third party that processes payments (Stripe, Paypal), that will transfer them to the Hosts after 48 hours from the performance of the Outdoor Experience, keeping the cost agreed for the services and use of the platform.
In case the Host does not confirm a booking, the total amount is rendered to the Customer.
Yakki may apply or deduct the processing fees for foreign currencies to or from any payment made or received in currencies other than the Euro. Except as otherwise provided in this agreement, Service fees are non-refundable.
Yakki will send by email confirmation of the booking to the customer and to the Host. The latter will be responsible for the release to the client of the official document (invoice/receipt), documenting the payment.
7. REFUND POLICY
7.1 Cancellation of an outdoor Experience by the Client
The following refund policies apply to all outdoor Experiences published on yakki.net:
- Flexible: 100% refund if you cancel more than 2 days before the experience is scheduled to start
- Moderate: 100% refund if you cancel more than 10 days before the experience is scheduled to start
- Strict: 100% refund if you cancel more than 30 days before the experience is scheduled to start
Cancellation requests must be submitted by email to email@example.com and specifying the name of the Host, the Outdoor Experience, and the booking date in the subject. Cancellations communicated with other methods will not be considered valid.
7.2 Cancellation of an outdoor Experience by the Host
The Host is entitled to cancel an Experience he/she published and that has not yet been booked, without incurring any penalty.
If Host cancels a reservation, Yakki will refund the entire amount paid to the Customer, and at the same time will notify the User with an emails. The Host must give valid reasons for cancelling the Experience to Yakki and could incur in a penalty. Any unjustified and repeated cancellations will justify the possible decision to suspend or permanently close the Host’s account.
7.3 Weather conditions
If weather conditions prevent the booked outdoor Experience, the Host will suggest a different date to the Customer, changes to the originally planned schedule or another outdoor Experience. The Customer has the choice whether to accept alternative proposal or ask the Host the cancellation of the reservation (see point 7.2), thus having the right of a 100% refund.
After enjoying an outdoor Experience, the Customer will receive an invitation to provide a review of the Experience and Host, and vicerversa. When a User provides a review and/or shares a photo, he/she agrees that these be displayed on the Host’s or Customer's page on the Website, on social media accounts, on the Website or the website of one of our affiliate partners, in order to inform other travellers about the quality of the outdoor Experience.
By posting reviews on www.yakki.net, the User agrees to grant and make available free of charge any right arising out of the use of his/her reviews (as per Art. 97 of Law No. 633/1941), with express waiver in favour of Yakki.net from any consequences and/or damage, even if related only to image, resulting from the legitimate use of the granted material. Reviews may be read, published, translated and distributed for free by any means and in any form, including advertising and promotional activities by third parties without specific authorisation.
9. EXCLUSION OF LIABILITY
Unless stated explicitly otherwise on the Website, Yakki’s obligations are limited to making the Website and its Services available to Users.
Yakki does not have any liability in relation to the fulfilment of the obligations undertaken by Users through the Website, as it only provides the Service, without being a party involved in the transactions.
Yakki does not check the accuracy of the information provided by Customers when registering on the Website. Yakki will not be liable for any damage or harm resulting from interaction between Users, including, without limitation, the obligations arising from transactions, prejudice arising from differences in the Experience and what originally agreed, or non fulfilment of the Experience.
In booking and accepting the Experiences, in concluding transactions and in general in interactions between them, Users agree to always take due care and attention.
USERS ALONE ARE RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER WEBSITE USERS OR OTHER PEOPLE WITH WHOM THEY COME INTO CONTACT.
Yakki disclaims any liability with regard to the Ads and the transactions completed through the Website, of which is not a party and for which it shall not be in any way liable. Yakki does not guarantee that the Website is suitable for use by any person or that it will be accessible at all times or in any geographical area, but endeavours, to the extent reasonably practicable, to do its best and utmost to provide continued availability of the Website and functionality of the Services, as established in these Terms. Yakki expressly disclaims any responsibility whenever a Website malfunction depends on: (i) unauthorised or improper use by the User; (ii) failure or partial operation of the computer or the User’s device; (iii) malfunction of the Internet or telephone lines; (iv) unauthorised access to the computer system of Yakki by third parties; (v) an act of God or other occurrence that is not directly dependent on Yakki; (vi) in general, any event that is not directly attributable to Yakki or its employees.
THE CUSTOMER EXPLICITLY ACKNOWLEDGES AND AGREES THAT UPON SERVICE (EXPERIENCE) PROVISION, ONLY THE TERMS AND CONDITIONS ESTABLISHED BY THE HOST THAT PROVIDES THE SERVICE CHOSEN BY THE CUSTOMER SHALL APPLY.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Yakki or its third-party licensors and its suppliers or partners be liable to Users or to any third party for any direct, indirect, consequential, incidental, special or punitive damages or loss of any kind, including, without limitation, loss of service provisions, profits, revenues, profits, loss of contracts, business interruption, or loss or corruption of data, howsoever caused and regardless of whether they occur during contract negotiation or because of a tort, including negligence, even if Yakki has been informed of the possibility of such damages.
11. WARRANTY AND CUSTOMER SERVICE
Except as expressly provided by law, Yakki disclaims all warranties, conditions, undertakings or representations of any kind, express or implied, statutory or otherwise or in any other way related to the Website, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, related to conformity or arising from any conduct, usage or trade practice.
Without thereby limiting the general nature of the above clause, Yakki does not guarantee that the Website will meet the User’s requirements or that its availability will be uninterrupted or error free.
12. AMENDMENTS TO THESE TERMS
These Terms may be amended at any time. Any amendments and/or new terms will apply from the moment in which they are published on this section of the Website. The “Date of last update” at the top of these Terms will be amended accordingly.
13. APPLICABLE LAW AND JURISDICTION
These Terms and any dispute regarding the execution, interpretation and validity of this agreement will be governed by Italian law.
The above without prejudice to the application to Consumer Users whose permanent residence is outside of Italy of any more favourable mandatory statutory provisions and possibly of the Country where they reside.
Please note that in the case of Consumers, for any dispute relating to the application, implementation and interpretation of these Terms, the Court where the Consumer resides or has elected domicile shall have jurisdiction.
The original text of these Terms is in Italian, but may have been translated into other languages. The translated version is intended as purely illustrative and unofficial, and therefore devoid of legal effect. In case of disputes or inconsistencies or discrepancies between the Italian text and the translations into other languages of these Terms, the Italian text shall prevail and will be the version valid under law.