Terms and conditions

 
 
 
 
1. Introduction

Welcome to the www.yavas.com website (hereinafter, the "Website"), property of Viajes Vuela, S.A. de C.V. (hereinafter "YA VAS").

Your use and/or access to this Website expressly implies your full consent and acceptance of the Terms and Conditions provided herein, which are solely and exclusively applicable to the intermediation service provided by YA VAS through its website, so you are hereby required to read this document in its entirety. Pursuant to the above and in order to be able to access the tourist services offered through our Website, please confirm that you have read, are aware and agree to the Terms and Conditions by clicking "Accept", otherwise you will not be able to continue using the Website. YA VAS reserves the right to supplement and/or modify the content of the Terms and Conditions at any time, in whole or in part, so please review the Website on a regular basis in order to be informed of the current Terms and Conditions.

 
2. Definitions

For all purposes related to the Terms and Conditions provided herein, the following definitions shall apply:

a. YA VAS: Viajes Vuela, S.A. de C.V. is the intermediary who, through the www.yavas.com website, offers and markets various services provided directly by providers at the request of users who book and contract such services in real time, and to be directly provided subject to the providers’ liability based on their own terms and conditions.

b. User: The individual visiting the www.yavas.com website with the purpose of using the intermediation and booking engine of YA VAS to purchase any of the services provided directly by the Provider.

c. Provider: An individual or legal entity directly providing the services contracted, booked or purchased by the User through the YA VAS Website’s booking engine.

d. Services: Any services related to tourism including, but not limited to: air transportation, accommodation, cruises, activities, car rental or land transportation, provided directly by the Providers based on their terms and conditions.

e. Website: www.yavas.com.

f. Intermediation: the service provided by YA VAS through its Website’s search engine and where Services are offered and provided directly by the Providers at the request of the Users who decide how to manage their own trip based on the terms and conditions of the Services contracted in time real and to be directly provided subject to the Providers’ liability.

The terms defined herein shall have the same meaning when used in the plural form.

 
3. Representations

A) The User represents and warrants, under oath, acting on his/her/its own behalf and/or through his/her/its legal representative, to be an individual or legal entity, of legal age, capable of acting and with sufficient financial capacity to be bound by these Terms and Conditions.

The User further represents and warrants that he/she/it is interested in purchasing the Services provided by the Providers through the YA VAS Website, expressly acknowledging and agreeing that YA VAS is only performing Intermediation services between the User and the Provider, and the User releases YA VAS from any liability related to the Services provided by the Providers.

The User acknowledges and agrees that he/she/it shall be solely responsible for any use which may be made of the Website and agrees further that, when purchasing a Service through the YA VAS Website, such Service shall be subject to the terms and conditions established by the Provider.

 
4. Purpose

The services consist of the Intermediary activity existing between YA VAS, the User and the Provider, where YA VAS shall act solely and exclusively as an agent or intermediary, enabling the Provider to offer the Services and the User the possibility of purchasing, booking and contracting such Services through the YA VAS Website. Once the booking of the Services selected by the User is confirmed by YA VAS, subject to availability, the provision of the Intermediary service by YA VAS shall terminate, since the Services purchased through the YA VAS Website shall be directly delivered by the Providers who shall be solely responsible for such Services.

The purchase of any Service by the User through the YA VAS Website means the execution of an agreement directly with the Provider providing such Service. YA VAS is not the Provider of the Services and therefore is not directly or indirectly required to provide the Services offered on the YA VAS Website.

YA VAS may suggest combinations of Services without this implying that YA VAS is a tour and/or tour package operator, but the User shall be solely responsible for selecting the Service(s) that best suit his/her/its needs.

YA VAS recommends the User to directly review the terms and conditions applicable to the Service to be purchased from each Provider. Such terms and conditions are established by each Provider without any involvement of or interference by YA VAS and they may include restrictions or extra charges by each Provider.

 
5. Use of Website

Access and use of the Website are exclusively for the User to check and/or purchase the Services offered by the Providers through the YA VAS Website. The Website is for personal and non-commercial use. The User may create, edit, modify, add and delete itineraries and other information related to the booking and purchase of the Services offered by the Providers through the Website subject to these Terms and Conditions. Once the information has been entered by the User into the YA VAS booking system, such information shall be part of the database property of YA VAS. Any information of a personal nature provided to YA VAS is subject to our Website Privacy Notice.

The User may download and see the data and any other content available in the Website through the use of a computer or any other device only for the above-mentioned purpose, and for no other purpose whatsoever. This authorization granted by YA VAS to the User shall be limited, non-transferable and revocable at any time without prior notice. The Website may not be used in any other manner other than as expressly provided herein, and User may not copy, display, forward, reproduce, reuse, sell, transmit, distribute, download, license, modify, publish or otherwise use any texts, images, data, graphics, trademarks, logos, distinctive marks and trade names, screens, items, user names or software contained or used on the Website or any other materials and information appearing on the Website for any public, commercial, or any other purpose other than as provided above. The Website content is owned by YA VAS, its use is exclusively granted to YA VAS and the copyrights to the Website are protected by the Ley de la Propiedad Industrial (Industrial Property Act) and its Regulations, the Ley Federal del Derecho de Autor (Federal Act on Copyright) and its Regulations and by International Treaties, the breach of which may lead to administrative, civil and criminal liability. Nothing contained on this Website should be construed as granting any license or intellectual property rights, nor is it allowed to establish any link or make any references to this Website, except by express written agreement executed by YA VAS.

Links The Website may contain links to other websites. Such websites belong to the Providers and are included in the Website only for convenience purposes. Accordingly, the inclusion of any link does not imply an endorsement or partnership with YA VAS. YA VAS does not represent, warrant, or assume any liability for the content or materials of any other website. Access by the User to other websites through the links provided by YA VAS is voluntary and at the User's own risk and liability.

Social networks The Website may contain links to various social network sites where YA VAS keeps accounts; the User acknowledges that such sites are exclusively for informative use and social marketing of YA VAS, and YA VAS shall not be liable for the content, information, third-party postings, comments, photographs, videos, hashtag content, or any other material outside the scope of the direct management performed by YA VAS, nor for any material shared in such social networks by the User or by any third party. The User shall be liable for the use made of such sites and releases YA VAS from any liability related to any improper or malicious use thereof. The User shall also be liable for any postings, information, comments, and/or other materials that may be offensive, insidious, wrong, pornographic or that could incite violence, rebellion, strike, including, but not limited to, any activity prohibited by any law, public order and morals.

Maps YA VAS provides Users with a link to Google Maps® exclusively for informational purposes. The User acknowledges and agrees that the maps shown on the Website have the sole purpose of providing the User with information about the approximate location of the Services. The User acknowledges and agrees that the use of the Google Maps® site is subject to the terms and conditions established by Google Maps®, and the User releases YA VAS from any liability resulting from any inconsistency with respect to the location or addresses shown on the maps. The User releases YA VAS from any disorientation or loss of location caused by the use of the Google Maps® site. The User further releases YA VAS for any changes, refunds, complaints, cancellations, surcharges, no shows, claims, credits, rewards and/or any other charge resulting from any inconsistencies or inappropriate use of the maps displayed on the Google Maps® site which are the exclusive property of Google Maps®.

 
6. User Obligations

When using the Website, the User accepts and agrees to:

a. Make use of the Website subject to these Terms and Conditions.

b. Prevent minors from accessing the Website unless access and use of the Website are supervised by a User of legal age with custody of the minor or who is his/her legal guardian.

c. Refrain from making any improper or inappropriate use of the Website, such as performing any fake or illegal transactions affecting the image of YA VAS.

d. Make personal and non-commercial use of the Website.

e. Refrain from copying, distributing, revealing or disclosing any personal information of any other User by any means without such other User's prior written consent.

f. Refrain from disclosing user names, passwords and/or booking codes provided to he/she/it The User is solely responsible for the safeguarding and use of the aforementioned data.

g. Provide to YA VAS true, complete and correct information on the then-current status of the User related to the services contracted through the Website.

h. Any and all access to the Website, including any download, copy, distribution, dissemination or any other use or possession of information by the User with respect to the content of the Website, other than as expressly permitted herein, is strictly forbidden. Additionally, any data processing, screen reading, use or implementation of any script, macro, program, app, software, "bot" or the use of any similar device of a technical nature to extract, transform, copy, distribute, add, cross-reference or manipulate the content or any other information or data of the Website is strictly forbidden. On the other hand, loaders or similar programs used in good faith by search engines to index this Website's English and Spanish home pages for search purposes and available to the general public through a browser are permitted for indexing the information displayed on the Website when loading data.

i. Review the terms and conditions of each Provider regarding the Services to be purchased through the YA VAS Website.

 
7. Booking Policy

a. Rates The rates shown on the Website are only effective on the date of your quotation and may change at any time before completing the booking. The booking shall be deemed complete upon the User receiving a confirmation number and once the corresponding charge has been made. The User authorizes YA VAS to use the credit card number provided by such User via the Website or by telephone to pay for the booking, expressly acknowledging and agreeing to these Terms and Conditions and the YA VAS Privacy Notice.

b. Availability All bookings are subject to availability at the time the request is processed. Availability cannot be guaranteed until full payment of the booking has been confirmed. Availability will need to be checked directly with the Reservation Department of the relevant Provider before being able to confirm it.

c. Changes Any changes to bookings shall be subject to availability, requoting rates, change fees and the provisions of the relevant Provider's terms and conditions. By providing his/her/its booking number, the User may contact YA VAS via the Command Center or by email to hola@yavas.com to receive information about booking changes.

 
8. Cancellation Policies

Any cancellation request must include the relevant booking number and must be sent in writing by the User via the Command Center or by email to hola@yavas.com.

YA VAS acts only as an intermediary between the User and the Provider, and the applicable cancellation policy will be that of the Provider contracted to provide the Services. Any cancellation policy that appears in the "Cancellation Policies" section at the time of booking is shown by YA VAS only for information purposes. YA VAS recommends Users to carefully review such policies before making any booking. YA VAS shall inform the User once cancellation of the Services has been confirmed.

The User releases YA VAS from any liability regarding any charge made by the Provider for the cancellation of Services.

The fee for YA VAS intermediation service is not refundable, since the intermediation service is provided when the booking is confirmed, and the Services are paid.

 
9. Payment Policy

a. The booking shall be charged immediately to the credit card submitted by the User, provided the booking has been confirmed. Depending on the Services contracted, the User may be charged one or more times.

b. Accepted cards. Visa and Master Card credit and debit cards are accepted for payment of bookings.

c. Currency and Exchange rate. The Rates published on the Website are quoted in Mexican Pesos and American Dollars. The final amount charged may vary due to fluctuations in the exchange rate. YA VAS is not liable for any such fluctuation. The User acknowledges having been informed of exchange rate fluctuations and agrees to the relevant charge in case the User has opted for payment in U.S. Dollars.

 
10. Copyright

All Website content is the property of YA VAS and is registered under Copyright laws by Viajes Vuela, S.A. de C.V. YA VAS® is a registered trademark of Viajes Vuela, S.A. de C.V. Any other third-party brands appearing on the Website are the property of such third parties, and are used by YA VAS under license. All rights reserved.

 
11. Privacy Policy

The User represents having read and agreeing to the YA VAS Privacy Notice and the terms incorporated therein. The User authorizes YA VAS, its providers and distributors, and any other third parties to use his/her personal information in accordance with the YA VAS Privacy Notice and for the purposes provided therein.

 
12. Limitation of Liability

The User agrees that the use of the worldwide network known as the Internet and the access and use of websites imply an implicit risk, including failures in the computers, systems, and networks themselves. Despite the measures and procedures adopted by YA VAS to guarantee the security of our Website and the information provided through such Website, YA VAS assumes no liability for any direct or indirect loss or damage resulting from any non-authorized third party gaining access to the User's personal information. Likewise, YA VAS makes no warranties as to the prevention of such access. The User agrees that any access and/or use of the Website is at his/her own risk and YA VAS shall not be liable for any loss or damage caused, directly or indirectly, by his/her use of the Website and/or its Content or by his/her inability to use it, including any loss or damage caused by the downloading of any audio file, data file, images, materials, photographs, text, video contained in the Website.

YA VAS does not warrant that the Website shall operate free of errors and/or that its server(s) is/are free of computer viruses or other harmful contents, devices or programs. The information displayed on the YA VAS Website is based on the information provided directly by the Providers, and each Provider is liable at all times for the accuracy, exactness and update of the information appearing on our Website. Accordingly, YA VAS does not provide any warranty regarding the accuracy, reliability, integrity or update of the Website content and YA VAS makes no commitment to update such content.

YA VAS shall not be liable for any loss or damage resulting from the use of the Website and/or its Content, including, without limitation, the loss of data, information or programs, damage to computers or networks, infringement of privacy and similar rights, infringement of intellectual property rights, and any other damages.

 
13. No Liability

YA VAS, as an agent, provides Intermediation services between the User and the Service Provider. Considering that the legal nature of YA VAS is solely and exclusively as an intermediation agent and not as a direct provider of the Services, YA VAS does not assume, now or in the future, any liability resulting from the relationship existing between the User and the Providers of the Services purchased through the YA VAS Website. The User acknowledges and agrees that YA VAS is an Intermediary and releases YA VAS from any liability resulting from a Provider's lack of compliance, including without limitation any act, omission and/or non-compliance by airlines, hotels, shipping companies and all types of vessels, activity or tourist attraction, car rental agencies, transportation agencies, tour operators and in general any failure or lack of compliance by the Services provided directly by one or multiple Providers. YA VAS may, at its sole discretion, provide contact and/or address information for the Provider so that the User may file any necessary claim. YA VAS, as an intermediary between the User and the Providers, does not provide, now or in the future, any warranty regarding the Services provided directly by the Providers, or regarding financial capacity or any reimbursement to which the User is entitled.

In the event that the Provider fails to comply with its obligations regarding the provision of the Services, User shall be required to file a direct request of reimbursement with such Provider, unless such breach is directly caused by YA VAS. YA VAS assumes no liability to the User, and the User hereby releases YA VAS from any and all liability regarding any acts, omissions or any type of complaint or dissatisfaction related to the Services provided directly by the Providers.

YA VAS assumes no liability and the User releases YA VAS from any and all liability regarding:

a. The truthfulness or accuracy of the photographs shown on the Website provided that such photographs have been provided by the Providers and are of an informative nature. Considering that the information available on the YA VAS site is provided directly by the Providers, any claim for alleged false advertising must be filed directly with the Providers.

b. The star ratings applied to hotels and services, and which are awarded by the Providers.

c. The documents to be provided by the User to be able to travel including but not limited to passports, visas, vaccinations, permits or certificates.

d. Failure by the User to follow any travel instructions such as dates and times, luggage limit, prohibited items, health status, age required for certain hotels and activities, among others.

e. Lack of financial capacity by the Provider to provide the Service. The User acknowledges and agrees that in the event of default resulting from or related to insolvency or bankruptcy of a Provider, the User shall send the relevant refund request directly to the Provider.

f. Any issue related to the terms and conditions and/or policies of the Providers.

 
14. Assignment

The User may not assign, totally or partially, any of the User’s rights and obligations under these Terms and Conditions.

 
15. Severability
 
If any clause of these Terms and Conditions is or becomes prohibited or unenforceable, such prohibition or unenforceability shall not affect the validity and enforceability of the other clauses contained herein.

 
16. Headings

The headings used in these Terms and Conditions are only for ease of reference and do not limit in any way the content of the clauses.

 
17. Website Availability

While YA VAS shall make reasonable efforts to make the content of the Website available, which at no time shall constitute an obligation by YA VAS, YA VAS may interrupt access to the Website, or cancel access to its Content at any time, without prior notice or liability. Access to the Website and/or its content shall not give rise to any right or ownership interest of any kind for the benefit of the User. Subject to its privacy policies and the applicable law, YA VAS shall be entitled to modify, correct, eliminate and, in general, make any changes deemed appropriate to the content of the Website, without liability. The User acknowledges and agrees that third parties may have access to the Content of the Website and that such third parties may change or delete such content without the approval of YA VAS. Therefore, the User acknowledges and agrees that YA VAS has no control over such third parties and that YA VAS shall not be liable in the event that such changes affect, to any extent, the User's information.

 
18. Evidence

The records safely stored by YA VAS regarding the Website and/or its content, and access to them by the User, are acknowledged and accepted by the User as evidence of conduct, communications and relations with the Website and its content. Records shall be deemed safely stored if systematically recorded in tamper-proof media such as write-protected discs, tapes, CDs, DVDs or similar media.

 
19. Sole Agreement

These Terms and Conditions constitute the entire agreement between the User and YA VAS and shall govern the access and use of the Website. The foregoing, notwithstanding the execution of any other agreement between the User and YA VAS applicable to the Services, contracted through the YA VAS Website.

 
20. Applicable Law

The User agrees to comply with the applicable laws and to submit to the jurisdiction of the federal or local courts located in Mexico City for the settlement of any dispute with YA VAS resulting from these Terms and Conditions, waiving any right to any other jurisdiction to which the User might be entitled by reason of his/her current or future domicile or for any other reason.