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
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
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’
The terms defined herein shall have the same
meaning when used in the plural form.
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
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 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
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 nor 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 are 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
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.
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
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 is 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
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
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
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 firstname.lastname@example.org 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 email@example.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 the 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
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.
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.
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
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.
The User may not assign, totally or partially,
any of the User’s rights and obligations under these Terms and Conditions.
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
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
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.
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.