Terms and Conditions

GENERAL TERMS AND CONDITIONS – YOUR ZEN PATH TRAVEL

Mrs. Chiara Giusti, trading under the name Your Zen Path Travel and Your Zen Path, is a sole proprietorship under Dutch law (hereinafter “YZP”). YZP is registered at Keizersgracht 520 H, 1017 EK Amsterdam, the Netherlands, with the Chamber of Commerce under registration number 98334328.

Article 1. Applicability

These general terms and conditions apply exclusively to all assignments to YZP, including follow-up assignments, which must be regarded as contracts for services. The applicability of the general terms and conditions of the client (the “Customer”) is expressly rejected. YZP performs the engagement solely for the benefit of the Customer, and no third party shall derive any rights from it. By signing an (additional) assignment, the Customer confirms their acceptance of these general terms and conditions.

Article 2. Services

YZP provides travel advisory and planning services related to travel within Asia, focusing primarily on Japan. YZP’s services include and are limited to:
a. Advising on possible travel routes, attractions, accommodations, and transport;
b. Coaching and advising on local customs and culture;
c. Preparing travel plans and daily itineraries;
d. Ongoing support before and during the trip via WhatsApp.

YZP may receive a commission if the Customer purchases a recommended service or through the relevant website.

YZP’s offer and services explicitly do not include the sale, facilitation, or (re)sale of travel services, package holidays, or linked travel arrangements within the meaning of Article 2 of Directive 2015/2302. YZP is not a travel package organizer and does not assemble package holidays. YZP only provides non-binding advice and recommendations regarding various travel options, without transferring any customer data to third parties. The Customer independently selects and books the desired services directly with a travel operator or local company of their choice. YZP never receives payments from the Customer for the travel services they ultimately book.

Article 3. Prices and Payment

All prices mentioned on the website and in communications between YZP and the Customer are stated in EUR and include 21% VAT, unless otherwise indicated. For Customers based outside the EU, the tax laws of their country of residence apply.

Upon acceptance of the (additional) assignment, the agreed fee is invoiced before commencement of the services. YZP will only start work once the Customer has made payment. The Customer must pay the invoice within 14 days from the invoice date. If payment is not received within this period, the Customer is in default by operation of law. In that case, YZP may charge statutory commercial interest and extrajudicial collection costs, which, for private clients, are calculated according to the Dutch “Decision on compensation for extrajudicial collection costs (BIK).”

All prices listed on the website or in communication are subject to change and possible typographical errors. YZP is not obliged to provide services based on an evident error.

Article 4. Use of Third Parties

YZP is entitled to engage one or more employees or third parties for the execution of the assignment, on behalf of and at the expense of the Customer. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.

Article 5. Liability

YZP shall never be liable for direct, indirect, or consequential damages, in preparation or during the traveling. No rights can be derived from the ongoing support throughout the holiday. This limitation does not apply in cases of intent or deliberate recklessness by YZP’s management or managerial staff. YZP’s liability shall never exceed the limits set out in these general terms and conditions, regardless of whether the claim arises from contract or otherwise. 

If YZP is liable for damages, such liability is limited to the amount covered by YZP’s general liability insurance (AVB) for personal injury and property damage, plus YZP’s deductible under that policy. The Customer may inspect the relevant policy at YZP’s office upon request. If, for any reason, no insurance payment is made, YZP’s total liability shall be limited to the amount invoiced and paid by the Customer for the work related to the damage, up to a maximum of €2,000 (two thousand euros).

Any claim for damages expires two months after the day on which the Customer became or could reasonably have become aware of the damage and YZP’s liability for it, if not reported to YZP within that period.

Article 6. Privacy

All personal data of the Customer are processed in accordance with the General Data Protection Regulation (“GDPR”). YZP takes the care reasonably expected of it in securing Customer and third-party data. The Customer agrees to electronic data exchange (internet and email) and acknowledges that, despite YZP’s security measures, absolute protection against unauthorized access cannot be guaranteed. YZP is not liable for data loss or damage resulting from unauthorized access, regardless of whether such loss or damage resulted from data transmission.

Article 7. Intellectual Property

Without prejudice to the provisions of these general terms and conditions, YZP retains all rights and powers granted to it under the Dutch Copyright Act. Any intellectual property rights arising from the performance of the agreement shall belong exclusively to YZP.

All materials provided by YZP, such as advice, travel guides, agreements, schedules, images, and media, may only be used by the Customer for their intended purpose. Provision of these materials does not constitute a transfer of copyright.

It is strictly prohibited to copy, distribute, publish, translate, forward to third parties, resell, or commercially use the received materials, in whole or in part, without YZP’s prior written consent.

YZP is entitled to use knowledge gained during the performance of the agreement for other purposes, provided any confidentiality or privacy obligations toward the Customer are respected.

Article 8. Withdrawal and Refunds

If the Customer is a consumer, they may withdraw from a contract concluded remotely or outside the business premises without giving reasons within fourteen days of conclusion.

If the Customer has expressly agreed to the commencement of services before the withdrawal period expires and has waived their right of withdrawal once YZP has fully performed the contract, they can no longer withdraw.

If the Customer has given such consent and waiver, and YZP has already started work but not yet completed it, the Customer shall owe an amount proportionate to the services performed up to the time of withdrawal, relative to the total price agreed in the contract.

Article 9. Governing Law

The legal relationship between YZP and its Customers is governed exclusively by Dutch law.

Article 10. Complaints and Dispute Resolution

The Customer must submit any complaints about the performance of the agreement promptly and in any case within 14 days after the cause arose, fully and clearly described, in writing via email to YZP.

YZP will process the Customer’s complaint within 14 days and make reasonable efforts to assist the Customer further. Both parties will make every effort to resolve complaints amicably.

If the parties cannot reach an agreement, the court in Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle the dispute, subject to mandatory provisions of Dutch procedural law.

Article 11. Final Provisions

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in full force and effect. The parties shall then replace the invalid provision with one that approximates the original intent as closely as possible.

Situations not covered by these terms and conditions, or ambiguities regarding their interpretation or content, shall be assessed “in the spirit” of these general terms and conditions.