Terms and Conditions of Sale
Review the terms governing the booking, payment, and use of the services offered by Yafohi Travel.
Preamble
These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the tourism agency "YAFOHI TRAVEL" or its partner service providers, and those of consumers or non-professionals within the meaning of Law No. 2016-412 of June 15, 2016 relating to Consumer Protection in Côte d'Ivoire, who have the legal capacity to enter into contracts (hereinafter referred to as "E-Clients").
The terms and provisions published on https://www.yafohi-travel.com comply with the applicable national legislation of Côte d'Ivoire and the relevant ECOWAS supranational regulations that are not contrary to national laws governing electronic transactions, the Information and Communication Technology sector, consumer protection, personal data protection, the fight against cybercrime, the Civil Code, and Tourism Code No. 2014-139 of March 24, 2014.
Because this is an adhesion contract, characterized by standardized clauses that are non-negotiable and determined in advance by the professional, YAFOHI TRAVEL fulfills its duty to inform users by presenting, in clear, understandable, and plain language, the characteristics of the distance contract, as well as the conditions governing its formation, validation, withdrawal, and/or termination.
The Customer declares that they have read these Terms and Conditions before making any reservation, placing any order, or completing any online purchase.
The contractual provisions governing the relationship between the Parties—the Professional and the Customer—are set out below, except where specific clauses are expressly designated as derogations by the Professional.
Article 1: Identification of the Parties
1.1 - Identification of the E-Merchant
- YAFOHI TRAVEL Tourism Agency, a multi-member Limited Liability Company (SARL) incorporated under the laws of Côte d'Ivoire,
- Share capital: 1,000,000 FCFA,
- Registered under RCCM No. CI–ABJ-03-2022-B12-04793,
- Tax Identification Number: CC 2243425 P,
- Registered office: Boulevard Latrille, Deux Plateaux, Cocody, Abidjan, Côte d'Ivoire,
- Email: contact@yafohi-travel.com — Phone: (+225) 0711002900
Hereinafter referred to as the "E-Merchant" or "Cyber Merchant".
1.2 - Identification of the E-Client
An "E-Client" or "Cyber Client" of the YAFOHI TRAVEL platform is any person holding a CUSTOMER ACCOUNT on the website who, after reading these General Terms and Conditions of Sale, accepts them fully and unconditionally and decides to conclude an electronic transaction in accordance with Article 3 of these Terms, while complying with Law No. 2013-546 of July 30, 2013 relating to Electronic Transactions and the substantive conditions specified by the E-Merchant.
In other words, every order, reservation, or purchase is subject to two essential conditions: unconditional acceptance of these General Terms and Conditions of Sale and successful payment.
Article 2: Definitions
Electronic Commerce
An economic activity whereby a person offers or provides goods and services remotely through electronic means. The provision of online services also falls within the scope of electronic commerce.
Electronic Money
Payments made by bank card, online, or via mobile payment.
Distance Selling
Distance selling refers to any sale of goods or provision of services concluded between a consumer and a professional without their simultaneous physical presence, using exclusively one or more means of distance communication.
Off-premises selling refers to any sale of goods or provision of services concluded between a professional and a consumer at a location other than the professional's usual place of business, while both parties are physically present, including where the sale results from a solicitation or offer made by the consumer (Article 10 of Law No. 2013-546 of July 30, 2013 relating to Electronic Transactions).
Tourism Offer
A set of products, facilities, and services intended to satisfy tourists' travel and accommodation needs, including weekend trips, cruises, tours, flights, train tickets, hotels, car rentals, and other related services.
Durable Medium
Any instrument that enables the professional and the consumer to store information addressed personally to them in a way that allows future reference for a period appropriate to the purposes of the information and enables the identical reproduction of the stored information.
Article 3: Electronic Contract Offer
YAFOHI TRAVEL makes its website, https://www.yafohi-travel.com, available to the public and accessible from mobile devices and computers with an Internet connection.
These Terms and Conditions of Sale are expressly drafted in French, the official language of Côte d'Ivoire. However, the E-Merchant may also provide versions in other languages.
In accordance with the Consumer Code and the law governing electronic transactions, resulting from the transposition of ECOWAS Supplementary Act A/SA.2/01/10 of February 16, 2010 on Electronic Transactions within the ECOWAS area, the price of every offer must be clear, precise, and unambiguous.
Accordingly, consumers are informed, by means of labeling, marking, display, or any other appropriate method, of the prices of products and services as well as any other relevant information (dates, execution methods, schedules, etc.).
In all cases, the total amount payable by the Buyer/E-Client is displayed on the order confirmation page of the customer account and in the order confirmation email. The applicable sale price is the one in effect on the date the order is placed.
Tourism offers are available in the "Tours & Excursions" section of https://www.yafohi-travel.com and remain valid for as long as they are published online.
Booking any service offered on the Website implies the Customer's prior acceptance of these General Terms and Conditions of Sale.
The Seller reserves the right to modify its prices at any time while guaranteeing that the price displayed at the time the order is placed will apply.
The Website's Terms and Conditions of Use (TCU), available through the website navigation and search features, provide users with sufficient information on the various methods available for creating a customer account.
The E-Merchant declares that it archives, on a reliable and durable medium, all accepted and rejected offers available on the Website for statistical analysis, marketing strategies, accounting purposes, and legal evidence in the event of disputes.
The E-Merchant may access, through its CUSTOMER ACCOUNT, the history of its own transactions, excluding those of third parties.
Article 4: Validation of the Electronic Contract
The E-Client acknowledges having had the opportunity to review the details of the order and the total amount, inclusive of taxes (FCFA), payable on the YAFOHI TRAVEL website and to correct any material errors before confirming acceptance of the tourism offer. Before confirmation, the Customer may cancel the order without penalty within the applicable withdrawal period.
Upon receipt of the order and after correcting any possible errors, YAFOHI TRAVEL sends an electronic acknowledgment confirming receipt of the order payment.
The parties' mutual consent shall be evidenced by the content of the exchanged emails. This sequence of electronic communications constitutes a traceable record that forms the binding agreement between the parties.
Payment is due immediately upon placing the order or pre-order, including for products and services.
The E-Client may pay by cash, bank card, electronic money, or bank transfer.
Secure online payments by bank card and electronic money are processed by our payment service provider. The transmitted information is encrypted according to industry standards and cannot be intercepted during transmission over the network. Once the Customer initiates payment, the transaction is immediately charged after verification of the payment information.
In accordance with the Monetary and Financial Code, payment authorization given by bank card is irrevocable. By providing their payment information during the purchase, the Customer authorizes the Seller to debit the card for the amount corresponding to the stated price. The Customer confirms that they are the lawful cardholder and legally entitled to use it. In the event of an error or inability to charge the card, the sale shall automatically be cancelled and the order terminated.
The exchange of electronic communications expressing the parties' mutual consent constitutes an electronic contract. Accordingly, the electronic contract is considered to be a contract of successive performance.
Article 5: Compliance and Warranties
In accordance with consumer protection legislation, the products and services offered under these General Terms and Conditions of Sale comply with the applicable requirements relating to safety, public health, fair commercial practices, and consumer protection.
YAFOHI TRAVEL undertakes to provide attractive, reliable tourism offers that comply with the descriptions published in its online catalog and are free from hidden defects. Photographs displayed on the Website are for illustrative purposes only and do not form part of the contractual agreement.
In accordance with the legal provisions relating to product conformity and hidden defects, YAFOHI TRAVEL will refund or replace defective products or services, or those that do not correspond to the order, within thirty (30) calendar days.
Article 6: Liability
In accordance with the law governing electronic transactions, any individual or legal entity engaged in electronic commerce is legally responsible toward the E-Client for the proper performance of contractual obligations, whether those obligations are carried out directly or through third-party service providers, without prejudice to any rights of recourse the E-Merchant may have against such providers.
YAFOHI TRAVEL cannot be released from liability by proving the absence of fault, as it remains responsible for failures attributable to its partner service providers.
Article 7: Right of Withdrawal
The Customer may withdraw from the purchase within the deadlines specified in the "Cancellation Policy" section on the description page of the relevant service.
The right of withdrawal must be exercised by sending an email to contact@yafohi-travel.com together with proof of payment.
YAFOHI TRAVEL will cancel the order and refund all or part of the payment, in accordance with the cancellation conditions specified on the service description page. Any transfer fees or other applicable charges shall be borne by the E-Client.
Article 8: Personal Data Protection
In accordance with the regulations governing the protection of individuals with regard to the processing of personal data and the free movement of such data, YAFOHI TRAVEL processes personal data for the purpose of selling and delivering the products and services covered by this Agreement.
The E-Client is informed, through the Website's Privacy Policy and Legal Notice pages, of the following:
- The identity and contact details of the Data Controller and, where applicable, its representative;
- The E-Merchant, as identified at the beginning of these General Terms and Conditions of Sale;
- The contact details of the Data Protection Officer (where applicable);
- The recipients or categories of recipients of the personal data, where applicable;
- The legal department;
- The information security department;
- The departments responsible for sales, order processing, and service delivery;
- The data subject has the right to request access to, rectification or erasure of personal data, restriction of processing, to object to processing, and to data portability;
- The data subject also has the right to lodge a complaint with a supervisory authority, including Côte d'Ivoire's Personal Data Protection Authority (ARTCI).
The information requested when placing an order is necessary for issuing invoices (legal obligation) and delivering the ordered products or services. Without this information, the order cannot be validated. No automated decision-making or profiling is carried out as part of the ordering process.
The Customer agrees that the personal data provided on the Website may be collected and processed by YAFOHI TRAVEL, including names, surnames, year of birth, email addresses, telephone numbers, IP addresses, server logs, and similar information, in accordance with applicable legal requirements.
The personal data collected is processed electronically. It is necessary for the proper administration of the Website and for the fulfillment of YAFOHI TRAVEL's contractual obligations.
Article 9: Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts, and, more generally, all information protected by intellectual property rights are and shall remain the exclusive property of YAFOHI TRAVEL. No transfer or assignment of intellectual property rights is granted under these General Terms and Conditions of Sale.
Any reproduction, whether in whole or in part, modification, or use of these materials for any purpose whatsoever is strictly prohibited.
Article 10: Protection Against Cybercrime Risks
YAFOHI TRAVEL shall ensure that customer access to their account on the Platform is not used for activities or purposes that are manifestly unlawful or under circumstances that clearly indicate such unlawful use. This obligation applies both to YAFOHI TRAVEL's own services and to those provided by its partner service providers, in accordance with Law No. 2013-451 of June 19, 2013 on the Fight Against Cybercrime.
Article 11: Governing Law and Contractual Provisions
All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions governed by them, shall be subject to the laws of the Republic of Côte d'Ivoire.
The invalidity of any individual contractual provision shall not affect the validity of the remaining provisions of these General Terms and Conditions of Sale.
Article 12: Force Majeure
The Seller's obligations under these Terms shall be suspended in the event of the occurrence of a force majeure event or any unforeseen circumstance preventing their performance. The Seller shall notify the Customer of the occurrence of such an event as soon as reasonably possible.
Article 13: Termination of the Contract
The electronic contract shall automatically terminate by operation of law upon completion of the service ordered by the E-Client.
The Customer may terminate the order by registered mail with acknowledgment of receipt in the following cases:
- delivery of a product that does not conform to the characteristics of the order;
- delivery beyond the deadline specified when the order was placed or, where no deadline was specified, more than thirty (30) days after payment;
- an unjustified price increase or a substantial modification of the product or service.
In such cases, the Buyer may request reimbursement of any deposit paid, together with interest calculated at the applicable legal rate from the date the deposit was received.
Article 14: Additional Information / Complaints
Where applicable, the E-Client may submit any complaint by contacting YAFOHI TRAVEL SARL at the following address: Boulevard Latrille, Deux Plateaux, opposite ENA, Cocody, Abidjan, Côte d'Ivoire. Telephone: +225 0711002900.
If the complaint submitted to the Seller's Customer Service Department is unsuccessful, or if no response is received within two (2) months, the consumer may refer the dispute to a mediator who will independently seek an amicable resolution between the parties or bring the matter before the Commercial Court of Abidjan.