Términos de Servicio
The following Terms and Conditions also regulate the activity carried out on partner and/or affiliate sites and Yakki's promotional tools (API, widgets, referral links, etc.).
The Terms that refer to Consumer Guests shall apply exclusively to subjects who fit their definition as provided herein. Consumer Guests 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;
Guest: 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;
Experience: a organised 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 or 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 Alpine guides), 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;
Service: service provided by Yakki through the Website that allows the Hosts to publish Ads and Guests to book outdoor Experiences;
User: person who uses the Website and its features as a Guest 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 Guests 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 Guest. Ads can be published only by Hosts that have been authorised to do so by Yakki, according to the procedures established by the latter.
Yakki's role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, sell, provide, control or manage nor can We contract in our own name for the provision of any activity listed on the Site nor related services including, but not limited to, equipment and equipment rental, accommodation, transportation or travel services. We are not supplying and cannot supply such activities or services to Guests.
By using Yakki as a platform, registered Service providers may offer and supply to Guests activities and related services. Service providers may be either qualified or authorized providers or persons, who are entitled by law to arrange or enter into transactions of such services directly with Guests. Yakki performs quality checks from time to time but is under no obligation and cannot be held liable to verify the eligibility of Service providers to offer the services presented on the Site according to the local laws and regulations that may apply and govern these types of services.
BY MAKING A RESERVATION THROUGH THE WEBSITE, THE GUEST 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. YAKKI DISCLAIMS ALL LIABILITY ARISING FROM OR IN CONNECTION WITH SUCH TRANSACTIONS. YAKKI SHALL NEVER BE UNDERSTOOD AS A TOUR OPERATOR, A TRAVEL AGENCY OR A TOURISTIC SERVICE PROVIDER NEITHER AS A SKI OR SNOWBOARD SCHOOL.
THE WEBSITE AND THE SERVICES ARE INTENDED TO BE USED TO FACILITATE INTERACTION BETWEEN HOSTS AND GUESTS AND FOR THEM TO BOOK OUTDOOR EXPERIENCES. YAKKI DOES NOT MAKE ANY RECCOMMENDATIONS OR ENDORSEMENTS OF LISTED OFFERS OR HOSTS. 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. WEBSITE CONTENT
You consent that all materials ("Content") such as texts, photos, reviews, messages or other documents and information uploaded, posted on or transmitted through the Site are the sole responsibility of the User originating such Content. You are solely responsible for Content or any other information You upload or otherwise provide, on Yakki ("Your Content"). We reserve the right to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our suppliers. Yakki is explicitly entitled to inspect direct messages and to delete messages. You confirm and warrant that Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy; violate any law or regulation; is not defamatory or libelous and/or obscene; and does not include incomplete, false or inaccurate information about yourself or Your services; contain any viruses, worms, Trojan horses, time bombs or other computer programming routines that are intended to damage any system, information or personal data.
By submitting content – in particular texts, photographs, graphics, etc. – to the Platform, the User grants Yakki a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, and for any purpose. Yakki has no obligation to post any Content from You or anyone else. At our sole discretion we may edit, remove or delete any Content that You post or submit. In particular, we can correct errors in the text, translate or rewrite the text without changing the content. In case You intentionally or negligently cause any loss or damage to Yakki because of the design or positioning of such Content you are liable towards Yakki. You understand and agree to release Yakki from any liability for any loss or damage resulting from Your Content posted on the Site.
As we provide unfiltered access to Content, You agree that Yakki only acts as a platform and that We disclaim all liability related to Content posted on the Site. We do not undertake any obligation to control the Content that is posted. The information on the Site is changed frequently, may be inaccurate and in some cases may be mislabeled. We do not make any representation or warranty, express or implied, as to the completeness and accuracy of such information, nor do We undertake to update, verify or correct such information. We therefore recommend that You verify all information You obtain from the Site as complete, accurate and up to date. We also do not make any representation or warranty, express or implied, regarding any communication or requests by Users. You consent that any agreement between You and such individual or organization is solely on the terms agreed between Users and is done at Your own risk.
6. BOOKING OUTDOOR EXPERIENCES
The reservation of an outdoor experience will take place through a special online feature provided by the Website, which the Guest 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.
By sending a booking request, You are submitting a binding offer to the Service provider, to which you are bound for 2 working days. If the Service provider accepts Your offer within this period, the contract is concluded and binding and You will receive a notification via email.
The Host alone shall be responsible for honouring any reservation confirmed through the Website. The Guest 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 two days of time to confirm the booking. The booking confirmation is notified to Guests through e-mail. With the booking confirmation, the Host agrees to provide the Guest the Experience according to the procedures and terms contained in the description of the outdoor Experience.
7. 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. Hosts understand and agree that once a Guest requests a booking, you may not request the Guest to pay a higher price than in the booking request.
Therefore, Guests 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.
Payment via Yakki is handled by trusted payment services provider Stripe or Paypal. By using Yakki and sending booking requests via our Platform you also accept the terms and conditions of Stripe or Paypal.
The Guest 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. If Your booking request exceeds a certain amount, You might be required to upload a proof of identity such as passport or officially accepted identity card to continue in the booking process.
These amounts are kept by Yakki or the third party that processes payments (Stripe, Paypal), that will transfer them to the Hosts after 7 days from the performance of the Outdoor Experience, keeping the cost agreed for the services and use of the platform.
If the credit card payment before the use of the booked activity or service is not honoured or revoked, this will be considered as a booking cancellation and cancellation fees will apply.
In case the Host does not confirm a booking, the total amount is rendered to the Guest.
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 Guest and to the Host. The latter will be responsible for the release to the Guest of the official document (invoice/receipt), documenting the payment.
8. COST OF SERVICE
Yakki may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Yakki Platform.
8.1 Host Fee
We charge hosts who offer experiences a 10% - 15% service fee. This is calculated based on the price of the experience and is automatically deducted from the host’s payout.
8.2 Guest Fee
If you are a guest and make a booking through the site we add on a service fee of 4% - 7%, to the host’s experience price.
9. REFUND POLICY
9.1 Cancellation of an outdoor Experience by the Guest
The following refund policies apply to all outdoor Experiences published on yakki.net:
- Flexible: Full refund minus Yakki fees, if you cancel at least 2 days before the experience is scheduled to start, or within 24 hours of purchase.
- Moderate: Full refund minus Yakki fees, if you cancel at least 10 days before the experience is scheduled to start, or within 24 hours of purchase.
- Strict: Full refund minus Yakki fees, if you cancel at least 30 days before the experience is scheduled to start, or within 24 hours of purchase.
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.
9.2 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 a Host has no choice but to cancel a reservation, he needs to inform Yakki immediately, and give a valid reason for cancelling the Experience. This allows Yakki to attempt to provide Users affected by Hosts cancellations with suitable alternatives. Yakki will assist the Guest by attempting to arrange suitable alternative activities including, for example, by putting the User in contact with another Host and/or by providing details of alternative activities offered, but in each and every case, Yakki is under no obligation in such respect. Yakki will refund the entire amount paid to the Guest, if the Guest refuses alternatives. Any unjustified and repeated cancellations from the Host will justify the possible decision to suspend or permanently close the Host’s account.
9.3 Weather conditions
If weather conditions prevent the booked outdoor Experience, the Host will suggest a different date to the Guest, changes to the originally planned schedule or another outdoor Experience. The Guest has the choice whether to accept alternative proposal or ask the Host the cancellation of the reservation (see point 9.2), thus having the right of a 100% refund.
After enjoying an outdoor Experience, the Guest will receive an invitation to provide a review of the Experience and Host, and vice-versa. When a User provides a review and/or shares a photo, he/she agrees that these be displayed on the Host’s or Guest'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.
11. USER ACCOUNTS
Upon registering and creating a Yakki account (an "Account"), you have access to the Service and the Site functionality that we may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service as part of the Account at any time. You will be notified of any amendments that may be introduced at a future point in time and given the option to continue use or to terminate Your Account.
The User is solely responsible for the Use of his account and has to keep it strictly confidential. You may not have more than 1 active account at Yakki, You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Yakki Account, whether or not you have authorised such activities or actions. You will immediately notify Yakki of any unauthorised use of your Yakki Account.
You are prohibited to distribute spam and other unsolicited commercial messages through Your Account or take any other action that imposes unreasonably large data volume loads on our server and IT infrastructure. We may apply at our sole discretion anti-spam software that may delete Your messages without delivering them or prevent messages from reaching You. We expect all of our Users at all times to conduct themselves in a polite and professional manner. Personal attacks and other forms of unprofessional online behaviour may cause immediate termination of Your Account.
In case of a material breach of these Terms by You, Yakki at its sole discretion may without any liability to You terminate Your access to Our Service, set inactive or delete any of your Accounts and all related information and data in such Accounts as well as Your Content and bar Your access to any of such information and data or Our Service.
12. HOST ACCOUNT
To register as a Host on Yakki, go to the Portal, press the sign up button and provide the information requested. By registering, You confirm that: You are eligible to register as a Host in accordance with our Terms; and that the data You include as part of the registration process and thereafter is correct. To register as a Host the users must be at least eighteen (18) years old. Registered hosts may act only as individuals or professionals and may not act on behalf of an organization or company. It lies in our sole discretion to restrain users from creating an account or using our Service.
13. USERS OBBLIGATIONS AND PROHIBITED ACTIVITIES
User is solely responsible for ensuring that his/her travel documents, including passports and visas, are in order for the Experience he/she intends to book. For passport and visa requirements, User shall consult the relevant embassy or consulate for information.
User is also solely responsible for ensuring that he/she is healthy, physically fit enough and with a suitable level of proficiency to complete the Experience he/she intends to book.
User shall be aware that he/she needs the adequate and necessary equipment (defined in coordination with the Host) for a Experience considering the potential risks he/she is exposed to (sudden changes in the weather, falling rocks, precipices, crevasses, avalanches, etc.)
Before departure, the user shall ask the host about his/her potential coverage insurance. In any case, the user shall obtain an appropriate insurance policy which covers the relevant risks in relation to the experience. In case of doubts, User shall discuss this with the Host to make sure he/she will be covered for the Experience.
The User shall notify Yakki of any cancellation of a Experience, regardless of who cancelled it (the User or the Host).
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Users are prohibited to use the Yakki Platform in connection with the distribution of unsolicited commercial messages ("spam").
Users are prohibited to contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Yakki Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval.
Users are prohibited to use the Yakki Platform to request, make or accept a booking independent of the Yakki Platform, to circumvent any Service Fees or for any other reason. This comprises exchange of contact details like phone number or mail through platform of Yakki.
Users are prohibited to request, accept or make any payment for Listing Fees outside of the Yakki Platform or Yakki Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms. (ii) accept all risks and responsibility for such payment, and (iii) hold Yakki harmless from any liability for such payment.
Users are prohibited to dilute, tarnish or otherwise harm the Yakki brand in any way, including through unauthorized use of Collective Content, registering and/or using Yakki or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Yakki domains, trademarks, taglines, promotional campaigns or Collective Content.
Users are prohibited to use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Yakki Platform for any purpose.
Users are prohibited to avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Yakki or any of Yakki's providers or any other third party to protect the Yakki Platform.
Users are prohibited to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Yakki Platform.
Users are prohibited to take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Yakki Platform.
14. 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 Users 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.
You agree, by using Yakki and Our Service, that any legal action, remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or Users or other third parties who caused you harm at the exclusion of Yakki to the fullest extent permitted by applicable law.
You agree to indemnify Yakki including its employees, officers, representatives, agents, subsidiaries, successors and connected entities against any liability, damage, loss, claim, cost or expense including legal fees and costs suffered by Yakki arising from or in connection with infringement in or by any of Your content of any third party rights. This includes any damage, loss, claim, cost or other expense suffered by any User relating to Your content or any activity or service you might offer, request, book or agree via our Site.
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 GUEST 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 GUEST SHALL APPLY IN ADDITION TO THE TERMS AND CONDITION OF YAKKI.
15. 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.
In the unlikely event that Yakki is found liable for any loss or damage that arises out of or is in any way connected with the use of the Platform or the service provided by Yakki its liability will not exceed the greater of two hundred euros (EUR 200.00).
16. 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.
17. INTELLECTUAL PROPERTY RIGHTS
The material which is presented on the Website, including but not limited to texts, pictures, images, logos, clips, registered trademarks, data as well as their combination or compilation, are the physical and intellectual property of Yakki or of third parties with which Yakki has entered into license agreements or other agreements. This material may be protected by copyright, trademark rights or other laws related to intellectual property. It is not authorized to copy, send, distribute, broadcast, sell, publish, issue, arrange or modify the material of the Website, in whole or in part. If User wishes to reproduce it or communicate it to the public, he/she must then have the express written authorization of Yakki.
18. AMENDMENTS TO THESE TERMS
We reserve the right to change, modify or otherwise alter these Terms at our sole discretion at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. By using Yakki, You agree that the posting of new or revised Terms on the Site constitutes adequate notice to You of any and all revisions and changes. Continued use of our Service after any such changes or after explicitly accepting the new Terms upon logging into Yakki constitutes Your agreement to such changes. The "Date of last update" at the top of these Terms will be amended accordingly.
19. APPLICABLE LAW, JURISDICTION, TRANSFER RIGHTS & PART-INVALIDITY
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.
In the case of Host, however, for any dispute relating to the application, implementation and interpretation of these Terms and Conditions, the Court of Bolzano will be competent.
You agree that You may not, without Our prior written consent, transfer any of Your rights or obligations under these Terms. However, Yakki may, without Your prior written consent, transfer any of its rights or obligations under these Terms.
In case any provision or part of a provision of these Terms is found to be unlawful or otherwise invalid or unenforceable by any court or authority of competent jurisdiction, such provision or part of a provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part of a provision had never been agreed.
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.
Last update: January 14, 2020