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Yes! Getaways

TERMS AND CONDITIONS

Contents

1. General Information

2. Contract

3. Vouchers

4. Payment

5. Passports and Visas

6. Other Terms

1. GENERAL INFORMATION

It is necessary to read these Terms and Conditions before making your reservation. It is important that you understand the contractual relation established when using the booking service of Yes! Getaways.

Yes! Getaways functions as an online travel reservation system for flights, accommodations, and Rent-a-Car and tourist activity services. The portal allows for the reservation of the aforementioned services and issues vouchers automatically. The portal functions as an intermediary between the tourism companies (Suppliers) and the customer, and allows the customer to build a customizable and flexible travel package by selecting services and options tailored to their needs.

How to contact the Yes! Getaways Customer Support service:

• By Phone – by calling +1 (617) 415-4100 during business hours (5:00AM to 7:00PM, EST, Monday- Friday, 11:00AM to 7:00PM Saturday & Sunday, excluding legal holidays);
• By Email – customercare@yesgetaways.com

2. CONTRACT

Yes! Getaways functions as a booking central. From now on, the term "Supplier" refers (but is not limited to) the following entities: hotels, aparthotels, touristic housing, tourist activity operators, airlines and rent-a-car companies.

A "reservation" or "booking" refers to the acquisition of approved products or services made through Yes! Getaways. The approval on the part of Yes! Getaways will be communicated through a voucher, which will be sent to your e-mail address.

When making a reservation with Yes! Getaways, and when the service of your choice is available, the resulting contract will be between you and Yes! Getaways. Should you have any doubts before your trip, any and all questions related to the selected travel package should be addressed with Yes! Getaways. Any specific questions concerning the chosen services with a Supplier must be addressed with the Supplier directly.

Although we do our best to ensure the availability and accuracy of the services published on Yes! Getaways, some errors may occur in your reservation. Once we become aware of the existence of such flaws, we will do everything possible to inform you of the occurrence within 72 hours after your booking. We reserve the right to cancel your booking, without any prejudice to you or to Yes! Getaways. Should the Supplier cancel or modify your reservation, you will have the option to choose another alternative offered by the Supplier or cancel your reservation. If the Supplier cannot offer a viable alternative within the 72 hour window, we reserve the right to cancel your booking without any type of compensation.

Any commissions, taxes and/or fees required by the government, any other authority, or by the Supplier of the selected service(s) are to be paid for in full by the customer, including any requests made after the issuing of your booking confirmation.

The organization of the trips available on www.yesgetaways.com is under the full responsibility of Yes Getaways, Inc. located at 359 Newbury Street, 5th Floor, Boston, MA, USA.

When a trip organized by Yes! Getaways is the subject of a dispute, these general conditions and the specific terms found in the customer's voucher represent the contract that binds the two parts.

2.1 Cancellation

Any and all cancellations made after payment has gone through are nonrefundable and will result in a penalty corresponding to a quantity established in the terms of the reservation. In case of a no-show or cancellation on the arrival day, the customer is responsible for paying the entire cost of the reservation. The cancellation policy will be presented in the client's voucher, including any special conditions imposed by the Supplier(s) and conditions that have priority over the general cancellation policy.

For pre-paid travel packages, there are specific cancellation policies that apply, and, as a rule, they are non refundable.

Each airline defines its own flights cancellation and alterations policy, meaning that there may exist non-refundable fares or penalties applicable in cases of cancellation or changes to the reservation. It is the customer's responsibility to ask Yes! Getaways for information about these conditions before making the reservation.

2.2 Reservations Cancelled by Yes! Getaways

Yes! Getaways reserves the right to cancel an organized trip if the number of participants does not meet the minimum number required, when the trip depends on a certain number of participants. In these cases, the customer will be informed via e-mail of the cancellation within 8 days.

2.3 Changes

If a customer wishes to change their existing reservation date or destination, or make any other changes (subject to Supplier availability), the customer must pay an alterations fee. However, should the change take place 30 days or less before the date of the trip, or if the product providers do not accept the changes requested, the customer will be subjected to the fees included in the "Withdrawal" section.

If the changes are requested after the trip has begun, and for reasons unrelated to Yes! Getaways (e.g.: prolonging the stay, changing the flights), the prices of the services and products may not correspond to those published on www.yesgetaways.com.

Yes! Getaways and its suppliers can alter the order of the routes, modify the departure hours or replace the hotels with others of similar category and localization, whenever there are justifiable reasons, having to inform the customer of the alteration as soon as they are aware of it.

2.4 Withdrawal

Customers are free to withdraw from the trip or cancel it altogether at any time. However, they are responsible for paying all of the penalties stated in the reservation contract, including a fee of up to 20% of the price of the trip.

Should it be the case, the customer will be refunded the difference between the amount paid and the fees and penalties mentioned above.

The reservation fees on www.yesgetaways.com are related to the processing of the reservations and vary according to the type of product. Fees are not refunded if the cancellation of the trip is due to the customer's request or is the customer's responsibility.

2.5 Hotels and Accommodations

The prices indicated are per room, per period, and include all the applicable taxes. Our accommodation suppliers have guaranteed to offer Yes! Getaways customers their best prices. Should you wish to cancel or modify your reservation, the cancellation policy of the Supplier in question will be available in your voucher.

To cancel your reservation, please contact the Yes! Getaways Customer Support Service, within the deadline provided in your voucher:

• By Phone – by calling +1 (617) 415-4100 during business hours (5:00AM to 7:00PM, EST, Monday- Friday, 11:00AM to 7:00PM Saturday & Sunday, excluding legal holidays);
• By Email – customercare@yesgetaways.com

Images - Although it is our objective to ensure that all images and descriptions of the accommodations are accurate and up to date, this cannot be guaranteed as the information available on the website is provided to Yes! Getaways by the Suppliers. The images and information published have the objective of providing a general idea of the accommodations. Please take into account that the images of interiors may vary from the lodging provided to you. Extra beds and/or cots may incur additional fees.

Any complaint related to your accommodations should be handled directly with the Supplier, the sole party responsible for ensuring the conditions specified in your voucher. You should also inform Yes! Getaways of any complaint you make to the Supplier.

2.6 Rent-a-Car

Yes! Getaways provides real time Rent-a-Car services through a system where the suppliers themselves introduce their available services. Our Rent-a-Car suppliers have guaranteed to offer Yes! Getaways customers their best prices.

Should you wish to modify or cancel your Rent-a-Car reservation, the cancellation policy of the Supplier in question will be available on your voucher. To cancel your reservation, please contact the Yes! Getaways Customer Support Service within the deadline provided in your voucher:

• By Phone – by calling +1 (617) 415-4100 during business hours (5:00AM to 7:00PM, EST, Monday- Friday, 11:00AM to 7:00PM Saturday & Sunday, excluding legal holidays);
• By Email – customercare@yesgetaways.com

Each Rent-a-Car company has its own specific Terms and Conditions, which will be explained in your voucher. If the cancellation policy of the Supplier is different than the general cancellation policy of Yes! Getaways, the Supplier's conditions have priority and the client must abide by their specifications.

All drivers must have a valid driver's license and credit card in order to rent a car. Please take into consideration that additional costs or fees (such as optional insurance, fees for additional drivers, etc.) may be incurred after your booking and they should be paid at the time the car is handed over to the customer.

Should you wish to extend your trip and opt for returning the car after the date specified on your voucher, the Rent-a-Car company may charge you a different price for the extra days, a price that may vary from the price available on Yes! Getaways.

3. VOUCHERS

Any and all bookings made by the customer on Yes! Getaways will be specified in an electronic voucher sent via e-mail, immediately after the reservation is made. The voucher contains all the information related to the booking (dates, duration, names and contact information for the suppliers of the selected services, as well as their specific Terms and Conditions). Please read all the information on your voucher carefully. Before travelling, you must print out your voucher and present it as a proof of your reservation upon arrival.

Yes! Getaways only uses information provided by the customer during the booking process on the website and, as such, is not to be held responsible if the customer does not receive their voucher due to incorrect or mistaken contact information, or if the voucher is considered spam by the customer’s email security options. The customer is responsible for immediately notifying Yes! Getaways in case of a change of address, email or phone number. The name the customer provides for their voucher must match the name on their passport/I.D. for security and verification purposes.

3.1 Luggage

If the customer’s luggage is damaged in flight, the customer must file a complaint directly with the airline immediately after noticing the damage. The customer is obligated to file a complaint with the airline the moment their bag is discovered as missing, deteriorated or destroyed.

3.2 Departure and Arrival Times

The departure and arrival times are indicated in the local time of the respective city and according to the schedules of the airlines on the date of their publication on www.yesgetaways.com, and as such they may be subject to changes.

3.3 Travel Insurance

Travel Insurance is not included in any travel packages offered by Yes! Getaways. Yes! Getaways offers customers the option to purchase insurance to cover the customers should they need assistance or in case of cancellations.

4. PAYMENT

The customer won't make any payment on Yes! Getaways, except when a pre-paid package is acquired, including flight + hotel (+ other services available on the website). The Suppliers require your credit card data in order to guarantee your reservation. As such, Yes! Getaways sends your credit card information directly to the Supplier whose services you booked, after verifying your credit card. Yes! Getaways uses Secure SocketLayer (SSL) technology to securely process and protect customer credit card data.

Please note that your card can be pre-authorized or charged (sometimes without any options for reimbursement) for certain fares or special offers after the booking is made and confirmed. In the case of pre-paid packages including flight + hotel (+ other services available on the website), the total amount is charged on the credit card provided, and the refund conditions are clearly specified in your voucher. Please carefully verify the description of the services before making your reservation.

In case of fraud or unauthorized use of your credit card by third parties, the majority of banks and credit card companies will assume the risk and cover all of the resulting expenses, a service which can be subject to a fee of around $50.00. In such case, the bank or the credit card company will not cover the fee for unauthorized transactions resulting from a reservation made on our website, Yes! Getaways will cover that fee up to $50.00 . In order for us to pay this fee, you need to report the fraud to your credit card company (according to their rules and proceedings) and contact us immediately via the e-mail at customercare@yesgetaways.com. In the subject field, please indicate "credit card fraud" and send us the proof of the fee charged (ex: the insurance policy and/or receipt from your credit card company). We will only pay this fee in the event that the reservations made through the secure server of Yes! Getaways resulted in the unauthorized use of your credit card through our error or negligence, and you are not responsible in any way.

Yes! Getaways will only charge your credit card under the following circumstances: pre-paid travel packages, no-show or late cancellation, and/or when the Supplier cannot charge the resulting penalty fee (as stipulated in your reservation voucher). The penalty will then be sent by us to the supplier of the service that was cancelled or for which the client did not show.

4.1 Refunds

Once the trip starts, Yes! Getaways does not owe any refund for services that aren't used by the customer for reasons unrelated to Yes! Getaways, or in such case that they cannot be substituted by other equivalents.

4.2 Reservation Fees

For each pre-paid travel package reservation, certain reservation fees are charged in accordance with the standing prices available on www.yesgetaways.com, which are provided to the customer when solicited.

4.3 Airport Taxes

The airport taxes are always included in the final price of the reservation, unless otherwise specified, in which case they must be paid locally by the passengers in the airports where they are required.

4.4 Local Taxes

The final prices of the reservations do not include any international tax imposed by the local government of each destination or Supplier. Customers may be required to pay additional taxes or fees upon arrival or departure on their trip.

5. PASSPORTS AND VISAS

The customer is responsible for contacting the relevant Embassy or Consulate for additional information. Requirements may change and you should check for up-to-date information before booking and departure. Yes! Getaways accepts no responsibility if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

6. OTHER TERMS

The original version of these Terms and Conditions was written in Portuguese before being translated to other languages. The translations made available online are only a courtesy to our customers. In case of dispute over the content or interpretation of these Terms and Conditions, or in case of incoherence or differences between the Portuguese version and a translation, the Portuguese version will always prevail. The Portuguese version is available on our website (when choosing the Portuguese interface) and it can be sent to you if you express your desire in writing. All the specific conditions of each service will appear on the respective vouchers.

The client must have all the personal or family documentation required (identity card, military documents, minor authorization, visas, vaccination certificates and other necessary documents). Yes! Getaways denies any responsibility whatsoever for the denial of visas or entrance of the customer into a foreign country. In these cases, the "Withdrawal" section applies, and the customer is responsible for all other costs brought on by the situation.

United States Citizens (and other Non-EU Citizens):

- Customers (whatever their age) who wish to travel internationally must have a civil identity document (passport) and a visa when necessary. Please note that many countries require that the passport has a minimum validity of six months starting from the entry date into this country. The client is responsible for getting all the information on visa requirements;

- The customers who are citizens of non-EU countries must verify the specific information relating to the necessary documents for entering the country of their selected destination with the embassies / consulates of their origin countries;

- Minors, whenever they are not accompanied by the person who holds parental rights, can only enter or leave national territory by showing a written authorization, dated and signed by the person holding the parental rights and this authorization must be notarized.

Citizens of the European Union:

- Customers (whatever their age) who are citizens of the European Union must have their civil identity document (passport, ID, etc.);

- In order to be eligible for medical assistance they must have their European Health Insurance Card;

6.1 Yes! Getaways Responsibilities

Yes! Getaways and its Suppliers are not responsible for any damages that may occur during your trip, nor in the case of injury or death. Yes! Getaways is responsible only for the errors of its own reservation service, and cannot be held responsible for the errors of its Suppliers, and as such, the customer must file their complaints directly with the Supplier(s).

6.2. Customer Responsibilities

The customer is responsible for having all required documents on his/her person while travelling, and for checking their validity. The customer is also responsible for providing accurate information for all relevant parties while making the reservation. The customer must respect the conditions imposed by the Suppliers as stipulated in the reservation voucher. The client cannot behave in an inappropriate manner, as to offend or harm others, or destroy the property of others. In these cases, Yes! Getaways and its suppliers have the right to cancel your reservation without reimbursement and without compensation, so as not to be responsible for any damages incurred.

6.3 Customer Obligations

The customer agrees to certain obligations, including but not limited to:

• financial responsibility for all the transactions made in their name;

• to be at least 18 years old and have legal capacity;

• all the information concerning the customer and the people accompanying his on the trip must be legitimate;

• Yes! Getaways cannot be used for speculative, false or fraudulent reservations;

• the transmission of any threatening, pornographic, political, racist or any other type of illegal material is strictly prohibited;

• the client cannot modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or derive any information, software, products or services obtained through Yes! Getaways. Additionally, the client also accepts:

- not to access, monitor or copy the content or information from this website by using a robot, spider or any other automatic means or manual process, with any objective, without written permission from Yes! Getaways;

- to not violate the restrictions of this website, nor avoid or prevent the security measures imposed with the purpose of limiting access to the website;

- to not overload, in any way, the technological infrastructure of Yes! Getaways and its Suppliers.

6.4 Questions & Complaints Related to Your Reservation

Should the customer have any doubt or complaint related to their reservation, they should contact the Yes! Getaways Customer Support team prior to travel. Customers who wish to file a complaint related to a Supplier during their trip should contact the Supplier directly and ask for written confirmation that the complaint was filed before the return/check-out date.

6.5 Using the Services of Yes! Getaways

The Yes! Getaways reservation central does not accept responsibility for your ability to access and use the booking service, nor does it take responsibility for any interruption that might occur during the use of your service. Yes! Getaways does not guarantee that the reservation service is completely virus free or that it doesn't have other properties that might lead to the loss of information.

6.6 Yes! Getaways Website Content

Yes! Getaways offers all the general information on our webpage for guidance purposes only. Yes! Getaways reserves the right to alter any aspect of the page, its content and the reservation service itself at any time, including, but not limited to, the availability of the Suppliers, certain characteristics, information and/or databases. Yes! Getaways does not guarantee that the information is always up-to-date and it is the responsibility of the customer to make sure that they understand and respect all relevant requirements. Yes! Getaways does not guarantee that the information available on the website (including, but not limited to prices, descriptions and dates) is free of errors or omissions, but we are doing everything possible to correct any error or omission that might appear in a timely manner.  

6.7 Customer Reviews, Comments, Photos and Other Submissions

Customers will have the opportunity to send us their opinions on our booking service and/or our Suppliers through a specific form, which will be available after the conclusion of the reservation. After their trip, customers receive an e-mail with a link to a questionnaire, through which they can communicate their degree of satisfaction with our services, as well as provide suggestions for improvements and/or alterations. By filling out the form, the customer agrees to renounce any ownership of the information provided to us. Yes! Getaways and its Suppliers reserve the right to use, copy, distribute and/or publish this content through any means and in any shape. By filling out the questionnaire, the client agrees:

• to be the author of their submission, or to own the rights to the text;

• to only submit information that is accurate on the date the form is filled out;

• to not introduce any false commentary, information or material, or any malicious, defamatory, abusive or obscene material or anything that might be interpreted as such;

• to not attempt to deceive, nor encourage any fraudulent or illegal activities.

6.8 Force Majeure

Yes! Getaways will not be held accountable for any flaw that might occur during the contract, when they are caused by force majeure events. These include, but are not limited to: government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action that might affect Yes! Getaways and its Suppliers.

6.9 Copyright and Trademarks

Yes! Getaways and its subsidiaries, trademarks, logos, photos, videos, texts and other types of copyrighted material mentioned on this page are property of their respective owners. All the content is protected by the copyright and intellectual property laws of Portugal and of the foreign jurisdictions. The unauthorized use of this content can violate the copyright in force, the trademarks and other intellectual property laws. The material published on the Yes! Getaways webpage is property of Yes! Getaways or its suppliers, unless otherwise specified.

6.10 Privacy Policy

The terms of the Privacy Policy of Yes! Getaways are incorporated in these Terms and Conditions. The client agrees to the use of his information by Yes! Getaways and its suppliers, in conformity with the terms and objectives established in the Privacy Policy of Yes! Getaways. In order to see the complete Privacy Policy, please visit that respective section on the website.

6.11 Alterations to the Terms and Conditions

Yes! Getaways reserves the right to modify or update the Terms and Conditions related to the use of the reservation service without notifying the customer. The current version of the Terms and conditions will be published on the webpage starting with the date it enters in use. To continue using this page after the alteration of the Terms and Conditions is to accept the alterations brought to it.

7. GENERAL LIABILITY DISCLAIMER

The carriers, hotels and other suppliers providing travel or other services on www.yesgetaways.com are independent contractors and not agents or employees of the Yes! Getaways, Inc. Yes Getaways is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Yes! Getaways has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other such causes, and holds no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

Yes! Getaways and/or our respective Suppliers will not be considered liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of www.yesgetaways.com or with the delay or inability to access, display or use our website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Yes! Getaways and/or our Suppliers have been advised of the possibility of such damages.

If, despite the limitation above, Yes! Getaways or our Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Yes! Getaways and/or our Suppliers will in no event exceed (a) the service fees you paid Yes! Getaways in connection with such transaction(s) on our website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed its essential purpose. The limitations of liability provided in these Terms of Use serve to benefit Yes! Getaways and/or our respective Suppliers.

Please read this policy to learn more about the privacy practices of Yes! Getaways. By visiting the Yes! Getaways website or accessing the mobile website (collectively, the “Site), you are consenting to the collection, use, disclosure, storage, transfer and processing of your personal data described in this Privacy Policy. On occasion we may revise this Privacy Policy to reflect changes in the law (including Portuguese Law for Data Protection), our use practices, the features of our Site, or advances in technology. 

RESERVATION INFORMATION
When making a reservation, you will have to supply a set of personal information, such as your name, address, phone number, credit card information, e-mail address and any other information you may choose to provide or as may be required to fulfill the requested service. We also collect non-personally identifiable information, including your IP address, search preferences related to specific searches, location, and bids through your interactions with our Site. As a reservations intermediary, we will have to send your personal data to the providers of the services that assist in effectuating your reservation. Your credit card information will be saved with a 256-bit encryption process, will be stored and used for the processing of reservations.

If you purchase certain services, such as airline tickets or hotel bookings, for other travelers, we will collect personal data of the other travelers that (i) is required to fulfill the requested service and (ii) you may otherwise provide to us. You must make sure that you have the right to provide such information. By providing any personal data of another traveler, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal data as set forth in this Privacy Policy. Personal Data of other travelers is collected only for the purpose of providing such personal data to the appropriate travel supplier, such as the airline on which travel will occur, to fulfill the requested service, or as otherwise may be required by applicable law.

We may share your information, including reservation information:
• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise any legal objection or right available to us.

• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or the Site, our customers, or our partners; and when our Terms of Service are not respected.

• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. We may transfer, share, sell or disclose your personal information to third parties as part of any corporate reorganization process or corporate transaction, such as a merger, acquisition, and/or a sale of all, substantially all, or part of our assets, and/or a licensing agreement with third parties.

NEWSLETTERS
If you choose to subscribe to our newsletter, you will regularly receive information about our special offers. The newsletter is sent out through an external service and we may disclose your information to a provider in order to send you the newsletter.

WEBSITE STATISTICS
We use analytical software which allows us to monitor the Site and gather information from data to improve our Site. This software captures and measures information such as the number of visitors and the number of times the Site was used, through a cookie system and other similar technologies.

THIRD PARTIES
We share your personal data with external service providers (e.g., hotels, airlines, car rental agencies), our third party partners and others to provide you services. When you use our Site to make a booking or to take advantage of any of our other products and services, we may share your personal information with the hotel, airfare service or other involved partners and third parties to provide you with travel services, or require that you transact directly with a third party partner.

Additionally, we may partner with other companies to provide inventory as part of our booking services. A partner consists of a third party company with which we have contracted in order to provide you with our services featured on our publications or booking platform. Should we partner with a company to provide you a booking, we may share your personal information with that third party partner.

CONSENT
By using this Site, you are consenting to the gathering, storing and use of your private information by the Yes! Getaways team and our partners, according to the terms specified in the Privacy Policy. We use personal data to provide you with the products and Services from the Site, to build features that will make the eservices available on the Site easier to use, to contact you about these services and to occasionally send marketing materials or offers that we think may be of interest to you. Persons under the age of 18 are not eligible to use any services on our Site.

TRANSACTIONS ON WEBSITE
If you are making a purchase on the Site, we often work with third parties and trusted business partners to collect your credit card, billing address and other verifying information. While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. We employ reasonable technical safeguards to maintain data accuracy and security. We assume no liability for disclosure of personal information due to, among other things, errors in transmission or unauthorized third parties.

If you have questions about this Privacy Policy, regarding disclosure of personal information to third parties, or about data we may hold about you, please email us at customercare@yesgetaways.com or write to us at:

Yes! Getaways
359 Newbury Street
5th Floor
Boston, MA 02115