Last updated: 14/01/2021
The company helps users to search and book travel experiences, post opinions and interact in forums. However, it is not a travel agency or tour operator and does not provide the experiences directly. When making a booking, the user purchases the tour, ticket or other service directly from the third-party provider.
b. To contact YepSea, please visit the YepSea Customer Service page with all the company's contact details.
2. Use of services
a. As a condition of your use of the Services, you represent and warrant: (i) that all information you transmit while using the Services is true, accurate, current and complete; (ii) that you are at least 13 years of age to use the Site. YepSea does not knowingly collect data from persons under the age of 13.
b. Use of the Services is permitted by YepSea solely for personal non-commercial purposes and/or to submit legitimate requests for Reservation of the Products offered. You agree not to use the Services for speculative, false or fraudulent requests.
c. In addition, you agree and warrant: (a) that you are not currently suspended or previously barred from using the Services by YepSea; (b) that you are not acting on behalf of an entity competing with YepSea; (c) that you are not creating more than one YepSea Account; and (d) that you have full power and authority to enter into this legally binding agreement and that you are not violating any other agreements you have already entered into by doing so.
e. Through your access to or use of the Site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. YepSea does not sponsor such content and cannot guarantee its accuracy. You therefore access and use the Site at your own risk.
3. YepSea account
a. You may need to create a YepSea Account and provide information about yourself in order to use some of the features of the Site and other Services, including Reservations. You are responsible for maintaining the confidentiality of your YepSea Account password and login credentials ("YepSea Account Credentials"). You are solely responsible for all activity (including Reservations) that occurs in connection with your YepSea Account. You agree to notify the Company immediately in the event of any unauthorised use of your YepSea Account.
b. The YepSea Account is for personal use only. You may not pretend to be someone else (e.g., assuming the identity of a celebrity), create a YepSea Account for a third party, provide an email address or other personal information other than your own, or create multiple YepSea Accounts.
c. YepSea reserves the right to terminate or suspend your Account access or use of the Services, in whole or in part, at its sole discretion, for any or no reason, without notice and without incurring liability of any kind. For example, your YepSea Account or ability to use the Services may be terminated or suspended if you misuse the Site. Any termination or suspension may prevent you from accessing your YepSea Account, the Site, User Content (defined in Section 6.1), Site Content (defined in Section 4.1) and/or other related information.
d. You may terminate your YepSea Account at any time by making a request to the Company and discontinuing use of any component of the Services. Upon termination of your YepSea Account, the Company reserves the right to continue to display Content previously posted by you and is not obligated to remove it.
e. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) YepSea AND ITS RELATED PARTNERS HEREBY DISCLAIM ALL LIABILITY TO YOU AND THIRD PARTIES FOR UNAUTHORIZED RESERVATIONS MADE USING YOUR YepSea ACCOUNT AND/OR YOUR YepSea ACCOUNT CREDENTIALS; (2) UNAUTHORIZED USE OF YOUR YepSea ACCOUNT AND/OR YOUR YepSea ACCOUNT CREDENTIALS MAY RESULT IN LIABILITY TO YOU TO YepSea AND OTHER USERS.
4. Prohibited activities on the Site
1. The content and information on the Site (including, without limitation, messages, data, information, text, music, audio, photos, graphics, video, maps, icons, software, including Software, as defined in Section 8.2, code or other materials, collectively referred to herein as the "Site Content"), as well as the infrastructure used to provide such Site Content, is the property of the Company. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use to create derivative works from, transfer, sell or resell any Site Content or any products or services obtained from or through the Site. Any other use of Site Content, products and/or services requires the prior written permission of YepSea.
2. Furthermore, the user agrees not to take part in the actions listed below or to facilitate or allow third parties to:
i. use the Site or the Site Content for commercial or unlawful purposes;
ii. access, monitor or copy any Site Content using any robot, spider, scraper or other automatic means or manual process to access, delete, index, retrieve or otherwise use the Site or any Site Content for any purpose without the express written consent of the Company;
iii. violate restrictions in robot exclusion headers on the Site, circumvent or circumvent other measures used to prevent or imitate access to the Site;
iv. take any action that imposes, or could impose, at the Company's discretion, an unreasonably or disproportionately high load on the infrastructure or excessive traffic on the Site;
v. perform deep linking of any part of the Site for any purpose without the express written consent of the Company;
vi. perform "framing", "mirroring" or otherwise incorporate any part of the Site into other sites without the Company's prior written permission;
vii. attempt to modify, translate, adapt, change, decompile, disassemble or reverse engineer any Software;
viii. use the Site to threaten, stalk, defraud, incite, harass or solicit the harassment of others or otherwise interfere with the use of the Site by other users;
ix. use the Site to send or transmit spam, chain letters, contests, junk mail, pyramid schemes, surveys or other mass messages, commercial or otherwise;
x. use the Site in a way that creates a conflict of interest, for example by negotiating reviews with other owners, writing or soliciting reviews;
xi. use the Site to promote intolerance or discrimination against protected categories;
xii. use the Site to violate the rights of third parties, including breaches of confidentiality, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or other proprietary or intellectual property rights;
xiii. use the Site to send or transmit pornographic or illegal content;
xiv. use the Site to solicit personal information from minors, to harm or threaten to harm any person, including minors;
xv. attempt to gain unauthorised access to the Site, user accounts, computer systems or networks connected to the Site by hacking, decryption of passwords or other means;
xvi. use the Site to transmit computer viruses, worms, defects, Trojan horses or other elements of a harmful nature ("Viruses");
xvii. use any device, software or routine that interferes with the proper functioning of the Site or otherwise attempt to interfere with the proper functioning of the Site;
xviii. use the Site to breach the security of any computer network, decrypt passwords or security encryption codes;
xix. damage or interfere with the security of or otherwise cause damage to the Site;
xx. remove, circumvent, disable, damage, or otherwise interfere with any security features of the Site, features that prevent or restrict use or copying of Site Content, or features that enforce restrictions on use of the Site.
5. Electronic Communications
a. When you use the YepSea Site or send emails, text messages and other communications from your desktop computer or mobile device to the Company, you are participating in an electronic communication and agree that YepSea will in turn communicate through a variety of means, including email, push notifications in the app, or posting notices and messages on the Site. You may unsubscribe from marketing emails by writing to unsubscribe@YepSea.com. However, the Company reserves the right to continue sending non-marketing messages, such as communications relating to Upcoming Bookings.
1. You and any other users of the Site may contribute to the Content in a variety of ways, such as sending emails, writing reviews, publishing posts, uploading and posting photos or videos, comments, suggestions and ideas, compiling public profiles, rating other users' contributions, and submitting similar contributions to the Site and/or YepSea (collectively, "User Content" or "Content"). The Company reserves the right to use the User Content in various ways, including, but not limited to, publication on the Site, reformatting, translation into other languages, modification for clarity and grammatical correctness, integration in advertisements or other works, creation of derivative works, promotion, distribution. It also reserves the right to grant third parties the same rights in connection with its websites, mobile applications and multimedia platforms.
3. YepSea and its partners reserve the right to display advertisements and other information next to or within User Content on the Site. You are not obligated to pay any compensation for such advertisements. The manner and extent of such advertisements are subject to change without notice.
4. The Site may contain discussion forums, noticeboards, review services or other forums where users can post Content ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and the risks associated with such use. By using any Interactive Area, you expressly agree not to post, upload, transmit, distribute, store, create or display through the Site any Content that includes:
i. content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, vulgar, allusive, threatening or invasive of privacy or publicity rights, abusive, provocative, fraudulent or otherwise objectionable;
ii. content that could constitute, encourage or provide instructions to commit crimes, violate the rights of any party or otherwise give rise to liability or violation of local, state, national or international laws
iii. content that may infringe patents trademarks, trade secrets, copyrights or other proprietary or intellectual property rights of third parties;
iv. content pretending to impersonate natural or legal persons or otherwise providing misrepresentations of one's affiliation with natural or legal persons, including YepSea;
v. promotions, political campaigns, advertising, contests, lotteries or solicitations;
vi. private information of third parties, including but not limited to last name, address, telephone number, email address, social security number and credit card number;
vii. Viruses, corrupted data or other harmful or destructive files;
viii. content unrelated to the topic of the Interactive Area in which it is published;
ix. content or links to content that, in YepSea's sole discretion, (a) violates the preceding paragraphs, (b) is objectionable, (c) restricts or inhibits the use or enjoyment of the Interactive Areas or the Site by other persons, (d) may expose YepSea, its partners, or users of the Site to damages or liability of any kind.
5. You are solely responsible for your Content. You assume all risks associated with such Content, including the reliance placed by others on its accuracy, completeness, or usefulness, as well as for any disclosure of information within the Content that could lead to your identity. You represent that you are the owner, that you have the necessary permissions to use and authorise the use of your Content as described herein. You may not assume or allow any third party to assume that YepSea sponsors or promotes your User Content in any way.
6. YepSea disclaims all liability and makes no warranty with respect to Content posted, stored or uploaded by you or any third party, in the event of loss or damage. YepSea further disclaims any liability for errors, defamation, libel, slander, omissions, misrepresentation, obscene, pornographic or profane language.
7. Links to third-party sites
Although YepSea is under no obligation to analyze, edit or monitor any Content, YepSea reserves the right, at its sole discretion, to remove, analyze, translate or edit without notice any User Content at any time or for any reason and/or to permit such operations to be performed by third parties on its behalf. You remain solely responsible for creating backup copies and replacing your own User Content and assume all costs and expenses thereof. YepSea is under no obligation to keep or provide you with copies of any Content and makes no warranty of confidentiality with respect thereto.
8. Software on site
7. Links to third-party sites
a. The Site may contain hyperlinks to websites operated by parties other than YepSea ("Third Party Sites". Such hyperlinks are provided for reference purposes only. Their presence on the Site does not in any way imply sponsorship by YepSea of such Third Party Sites or any association with their operators.
b. The Company has no control over the Third Party Sites and is not responsible for their content, data processing or other practices employed by their owners and operators.
c. It is your responsibility to ensure that the hyperlinks you select and/or the software you download (from the Site or third-party Sites, including the Software as defined in Section 8.2) do not contain Viruses.
d. In some cases you may be asked by Third Party Sites to link your YepSea profile to the profile of a third party site. This is optional. If you decide to link profiles and later wish to disconnect them, you must contact the relevant Third Party Site.
8. Software on the Site
a. Software available on the Site is also subject to United States export controls. No Software made available through the Site may be downloaded or otherwise exported or re-exported (a) to (or from a person who is a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria or any other country embargoed by the United States; (b) to a person on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Table of Deny Orders. Through your use of the Site, you represent and warrant that you are not domiciled in, subject to the control of, a national or resident of, or on any such list.
c. You agree that all Software contained on the Site is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited; such action may result in severe civil and criminal penalties. Violators will be prosecuted to the fullest extent of the law.
d. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANOTHER SERVER OR PLACEMENT FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. ANY WARRANTIES RELATING TO THE SOFTWARE ARE GRANTED SOLELY IN ACCORDANCE WITH THE APPLICABLE LICENSE AGREEMENT.
9. Trademark and Copyright Information
a. With the exception of Third Party Content, the Site and all related content, including, without limitation, graphical interfaces, interactive features, custom graphics, design, computer code, products, software compilations of other content (e.g., Third Party Content) and other elements and components of the Site are confidential. YepSea is not responsible for content on sites operated by entities other than YepSea. All other names or slogans of products or services displayed on the Site (including those of the Products) are registered trademarks and/or legally recognized trademarks of YepSea and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of YepSea or the trademark owner. In addition, the look and feel of the Site, including all page headers, custom graphics, icons, and button scripts are service marks, trademarks, or trade dress of YepSea, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of YepSea. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. All references to products, services, processes or other information by trade name, trademark, manufacturer, supplier or other designation do not constitute or imply any endorsement, sponsorship or recommendation by YepSea.
b. If you become aware of an infringement of your trade mark or the Company's trade mark, contact us to report a claim of copyright infringement.
10. Products and Reservations
c. YepSea is not a travel agency and does not provide or own any Experience. Although, through the Site, YepSea provides Product information and facilitates Reservations, such activities do not in any way imply sponsorship or endorsement of Providers by YepSea, nor affiliation between YepSea and any Provider. Although YepSea users may rate and review certain Products based on their own experiences, YepSea does not sponsor or recommend any Products. You agree that YepSea is in no way responsible for the accuracy or completeness of any information obtained from Suppliers and/or posted on the Site.
d. By making a Reservation, the user declares that they are at least 18 years of age, have the legal authority to enter into this binding agreement and a binding agreement with the Provider, to use the Services, to purchase the Product and to provide only true and accurate information. You also agree to use the Platform exclusively to make legitimate Bookings for yourself and/or for third parties on whose behalf you are legally authorised to act.
a. The price of each Product shall be quoted per person, unless otherwise specified.
b. Prices are based on the local rate in effect at the time of the quotation, converted at the prevailing exchange rate as determined by YepSea. For more information on currency conversion, please refer to Section 12.
c. Quotations are subject to change without notice until the Reservation is made.
d. Unless otherwise specified by the Supplier, prices do not include local taxes, surcharges, including costs for international departures, security costs, port charges, parking, customs fees, costs for transporting passenger effects or taxes for international transport.
e. Inclusions are determined by the Supplier. Prices do not include gratuities, passport and visa fees, personal or baggage insurance, any other items of a personal nature, taxes and charges, beverages or food not expressly indicated as included by the Supplier.
12. Currency Conversions
a. Where YepSea provides a currency converter, exchange rates will be based on various publicly available sources, to be used for reference purposes only. Rates are not verified and may vary. Currencies in the quotes may not be updated daily, so YepSea and its partners do not guarantee their accuracy. YepSea accepts no liability in the event of price changes due to currency fluctuations.
a. When you make a Reservation, YepSea, as Supplier's limited payment collection agent, collects payment information and processes the transaction as described in Section 14. Unless otherwise specified, full payment by credit or debit card is required to make a Reservation. The payee indicated on the statement shall be YepSea.
b. The value of the Reservation may be subject to taxes, charges, foreign transaction fees, exchange rates or other costs. The bank or card issuer may make the conversion to local currency and charge for it, resulting in differences between the amount shown on the Platform and the final amount charged. YepSea recommends that you contact your bank or card issuer if you have any questions about applicable conversion rates or costs.
14. Payment processing
15. Changes or cancellations by the user
a. Once a Product has been purchased, the Reservation cannot be changed or cancelled by obtaining a refund, unless otherwise stated in the terms and conditions applicable to the Product concerned.
b. Standard cancellation mode allows for a request to modify and/or cancel a Reservation up to 24 hours prior to the start time of the Reservation or, if the Experience does not have an explicit start time, the modification or cancellation request must be received by 11:59 p.m., two days prior to the start date. The times indicated refer to the time zone of the Experience.
c. If "All sales are final" or a substantially similar message is displayed (which includes, without limitation, all group bookings made through the Group Booking Department), the Product is non-refundable and it will not be possible to change or cancel the Booking once made. A minority of products use different cancellation modes. In all cases, check the cancellation mode in the profile of the Product concerned at the time of the Reservation, as this defines the terms applicable to cancellation and possible refunds.
d. Subject to Sections 15.2 and 15.3, (a) requests to amend or correct a Reservation, including requests to change the date ("Change Request") must be made online via the "Manage Reservation" section of the Site; (b) if it is possible to satisfy a Change Request, YepSea will not charge any fee, provided that the Request is received by the deadline specified in the Product Profile. Suppliers may charge an additional fee for fulfilling a Change Request. In such circumstance, you must pay such surcharge in order for YepSea to process the Change Request.
e. All Change Requests will be processed by YepSea, subject to availability and the agreement of the Supplier concerned. YepSea does not guarantee acceptance of all Change Requests. To the extent that the Supplier is unwilling or unable to accept a Change Request, your right to receive a refund (if any) will be governed by the cancellation of the Booking.
f. If you make a Reservation, using a promotional code, or accept a discount or special offer during the payment process, any change requests subsequent to the Reservation may invalidate the discount or special offer.
g. There are no refunds once an Experience has begun or for packages, accommodation meals or other services that the user has already started using.
16. Other changes and cancellations
a. At times, Suppliers may change Products after purchase, including, without limitation, the date, price, services included, coverage, age requirements and/or other features and/or requirements. YepSea therefore reserves the right to cancel, modify or replace any Product purchased, at any time and for any reason. If the change proposed by the Supplier is substantial (for example, a change of dates and/or a significant change of itinerary) and you are not satisfied with the alternative offered, you will be entitled to a full refund of the original purchase price.
b. The Company reserves the right to determine, in its sole discretion, if it is necessary or desirable, for the protection of its own interests, the interests of the Provider or the user, to revoke the Services by disregarding the cancellation of the Product and proceeding to the final cancellation of a Reservation. The Company also reserves the right to determine, at its own discretion, whether to reimburse the user for the amounts charged or part thereof. You agree to indemnify the Supplier concerned and the Company against any liability in respect of such cancellations or refunds.
17. Passports, visas and insurance
a. When making a Reservation, you are responsible for ensuring that you meet all requirements for entry into foreign countries and that you have valid and proper travel documents, including a passport and visa.
b. For passport and visa requirements, please contact the relevant embassy or consulate. Requirements may change at any time and it is your responsibility to check the updated information before making a Reservation and prior to any departure. YepSea accepts no responsibility for any person being refused access to a flight or entry into a country, including countries of stopover or passage en route to their final destination.
c. As health and residence permit requirements are subject to change without notice, YepSea recommends that you check with the appropriate consulate prior to departure. It is also your responsibility to consult your attending physician for up-to-date advice or vaccinations prior to international travel, to verify that you meet all health requirements and to obtain travel-related medical information and advice.
d. Users are strongly advised to purchase comprehensive travel insurance prior to departure in order to protect their purchase. In the event of trip cancellation or substantial change of dates, the insurance policy may reimburse cancellation penalties and related expenses. Please read the terms and conditions of the insurance policy you have taken out carefully.
e. Although most travel, including travel to international destinations, is completed without incident, travel to some destinations may involve greater risks than others. YepSea encourages customers to check prohibited destinations, notices, announcements and communiqués issued by the Foreign Ministry, the European Union and destination countries before booking travel to an international destination.
f. YepSea MAKES NO REPRESENTATION OR WARRANTY THAT TRAVEL TO ANY DESTINATION IS RECOMMENDED OR RISK-FREE AND DISCLAIMS ANY LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM TRAVEL TO CERTAIN DESTINATIONS.
18. Liability of the Company
b. INFORMATION, CONTENT, SOFTWARE, PLATFORM AND SERVICES PROVIDED BY YepSea MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING AVAILABILITY FOR RESERVATIONS AND PRICES. YepSea, THE MOTHER COMPANY, AFFILIATED COMPANIES AND BUSINESS PARTNERS (COLLECTIVELY, THE COMPANIES OF THE YepSea GROUP) DO NOT WARRANT THE ACCURACY OF SUCH INFORMATION AND DISCLAIM ALL LIABILITY FOR ERRORS OR OTHER INACCURACIES IN THE INFORMATION AND DESCRIPTION OF PRODUCTS AND SERVICES (INCLUDING, without limitation, the prices of the products and services provided by YepSea, WITHOUT LIMITATION, PRICES, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS, RATINGS, ETC.).). IN ADDITION, YepSea EXPRESSLY RESERVES ITS RIGHT TO CORRECT ANY AVAILABILITY AND PRICES ERRORS AND/OR RESERVATIONS MADE ON THE BASIS OF INCORRECT PRICES.
c. THE YepSea GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS OR OTHER SERVICES FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF PRODUCTS OR SERVICES DOES NOT CONSTITUTE SPONSORSHIP OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE YepSea GROUP COMPANIES. ALL INFORMATION, CONTENT, SOFTWARE, PLATFORM PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE YepSea GROUP COMPANIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF THE TOTAL ABSENCE OF VIRUSES OR OTHER DAMAGING COMPONENTS FROM THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YepSea DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITULARITY AND NON-INFRINGEMENT OF RIGHTS OF OTHERS.
d. SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ANY COMPANY OF THE YepSea GROUP. THE YepSea GROUP COMPANIES HEREBY DISCLAIM ALL LIABILITY FOR ACTIONS, ERRORS, OMISSIONS, STATEMENTS, WARRANTIES, VIOLATIONS, NEGLIGENCE OR TORTIOUS CONDUCT ON THE PART OF SUCH SUPPLIERS OR WITH RESPECT TO BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR OTHERWISE RELATED TO THE RESERVATIONS OR USE OF A PRODUCT. THE YepSea GROUP COMPANIES DISCLAIM ALL LIABILITY AND WILL NOT GUARANTEE ANY REIMBURSEMENT FOR DELAYS, CANCELLATIONS, OVERBOOKING, STRIKES, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL AND WITH RESPECT TO ADDITIONAL EXPENSES, OMISSIONS, DELAYS, ROUTE VARIATIONS OR ACTIONS TAKEN BY INSTITUTIONAL ENTITIES OR AUTHORITIES.
e. THE YepSea GROUP COMPANIES (OR THEIR DIRECTORS, MANAGERS AND PARTNERS) HEREBY DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INFORMATION OR COST OF SUPPLY OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A PRODUCT OR RESERVATION, WHETHER BASED ON ASSUMPTIONS OF NEGLIGENCE, CONTRACT, FAULT, OBJECTIVE LIABILITY AND NOTWITHSTANDING THAT THE SUPPLIER HAS BEEN INFORMED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
f. If any YepSea Group Company is found liable for any loss or damage resulting from or otherwise related to the use of the Services, a Reservation or the use of a Product, such liability shall in no event exceed, in the aggregate, the greater of (a) the amount paid to YepSea in respect of the Reservation from which the claim arises; (b) one hundred United States dollars (USD 100.00).
19. User's responsibility
1. You agree to indemnify and hold YepSea and the YepSea Group Companies and their respective officers, directors, employees and agents harmless from and against any and all claims, suits, demands, complaints, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and other liabilities of any kind or nature whatsoever, including but not limited to reasonable legal and administrative fees, arising out of or in connection with:
ii. violation of any law, rule, regulation or regulation by the user;
iii. infringement or misappropriation of the rights of third parties by the user;
iv. use by the user of the Services (including the Site);
v. Reservation or use of any Product by the user;
vi. negligence or wilful default on the part of the user.
20. Shore excursions with guarantee
a. For Products bearing the words "Shore Excursion with Guarantee", (a) if you purchase the Product for use while at a particular port of disembarkation and (b) you are not brought back to the ship by the Supplier concerned in time for embarkation, YepSea will (in accordance with Sections 20.2 and 20.3) arrange the necessary transportation to the next port of call.
b. The guarantee defined in this Section 20.1 - 20.4 is provided only in the event of failure to return to the ship in time for embarkation that is not attributable to the fault or action of the passenger. The guarantee is void in the event of delay caused by the conduct of the passenger and/or deviation from the booked Experience.
c. To take advantage of the guarantee, you must provide YepSea with the ship's exact arrival and departure information and check that there is sufficient time between the end time of the Experience and the ship's departure time (minimum 2 hours). Contact YepSea as soon as possible to arrange transport to the next port of call, as it is not possible to book the vessel personally without invalidating the guarantee.
d. Subject to the user's eligibility, YepSea will facilitate the booking of transport to the next port of call (for a value not exceeding USD 1,000 per person).
e. Subject to the protections guaranteed under Section 20.1 - 20.4, if the ship does not call at a particular port or if it is delayed beyond the guaranteed shore excursion start time, you need only contact YepSea within 14 days. The Company will issue a refund to you following verification of the vessel's actual itinerary.
21. YepSea Tickets
a. You will receive a YepSea branded ticket or, alternatively, a voucher from the Supplier ("Ticket") for each Product booked. To access and print the Ticket, you will be directed to a secure webpage hosted by YepSea that contains the link to the Ticket. Certain Reservations provide for the issuance of an electronic Ticket in addition to or instead of a paper Ticket.
b. You must present the authentic and original Ticket to the relevant Supplier in order to use the Product. The Reservation cannot be honoured or used without producing a valid Ticket. Please ensure that you read the terms and conditions relating to the Reservation in order to understand the Supplier's requirements for producing the Ticket.
c. For security reasons, when redeeming the Ticket you must present a valid photo ID and sign the Ticket.
d. In some cases, a Supplier may require you to show the payment card used to purchase the Product at the time of the activity. This is usually the case for tickets to attractions and shows. You are advised to check any requirements. If you have any questions about this, please contact the YepSea customer support team.
22. General Clauses
e. All rights not expressly granted herein are reserved.
23. Jurisdiction and Applicable Law
a. Use of the Services is unauthorised in jurisdictions that do not recognise the enforceability of the provisions set forth in these terms and conditions, including without limitation this paragraph. The above provisions shall not be enforceable if the laws of your country of residence require the application of another law and/or jurisdiction and this cannot be contractually excluded.