General Terms and Conditions

Version 07/2021

These General Terms and Conditions are subdivided into:

·      Terms of Use

·      General Terms and Conditions of JUCARI, Armenia, Yerevan

·      General Terms and Conditions of the Supplier of tours and other tourist services (referred company)

JUCARI is acting as an intermediate between Users and Suppliers offering events, activities but not only.

This Platform could be used by third parties acting as partner of JUCARI

        I.    Terms of Use

1.    Provider of this website / platform

This website is provided by JUCARI,  Yerevan, Armenia. You can contact us by email (contact@armenguide.com)

Bookings through the Platform are subject to the General Terms and Conditions of JUCARI as well as the General Terms and Conditions of the Supplier.

2.    Application of these Terms of Use

These terms of use with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Users of the Website may use the Website only on condition that they accept the Terms of Use and read and the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy and agree to be bound by all parts of the Terms of Use.

The information on this Website does not constitute an offer binding to us.

3.    No warranty and limits of liability

JUCARI does not warranty information related to the event, activities, description of business or to the availability of some activities entered by Third Parties such as Suppliers. JUCARI does not provide any warranties on the availability of the Website or its functions, that the Website doesn’t have any bugs, or run free from viruses, malware, ….

JUCARI, its employees, its resellers or partners will never be liable for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, regardless of the legal basis.

JUCARI will exclude its responsibility and will not have any liability for any content available through the Website, and for content linked to the Website or which are linked to from it or referred to. If you find some illicit content on the Website, please contact us at contact@armenguide.com

4.    Intellectual property rights

As between you and JUCARI, the Website is and remains protected by copyright and/or any other intellectual property rights. You are not acquiring any rights of JUCARI, and in any names, trade names published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

5.    Updates of the Terms of Use

JUCARI may update these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Any further use of the Website after such amendments means you consent to the amendment.

6.    Applicable law and jurisdiction

The law of the Republic of Armenia shall apply. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Yerevan, provided the User is a tradesperson as per the Armenian Commercial Code or does not have a permanent place of residence in Armenia when the suit is filed. The legally binding places of jurisdiction remain unaffected by this.

      II.    User Terms and Conditions for JUCARI online platform

1.    Introduction

JUCARI, Yerevan, Armenia runs an intermediary Platform on Internet listing different services such as directory of businesses, associations, events and activities that could be booked by the Users. Except information on some locations of the countries might be available also, all the others are entered by Suppliers around the world having approved our Supplier General Terms of Use.

2.    Subject matter of part II of these General Terms and Conditions

These General Terms and Conditions apply to any use of the ARMENGUIDE platform. The contractual relationship between the User and JUCARI generally only comprises the proper referral of Users to the respective Supplier, or the transfer of data via Users who are provided by a sub-agent . JUCARI does not appear itself as the organizer or other contract partner with regards to the service agreement with the User. Consequently, part II of the General Terms and Conditions of JUCARI shall apply to offers on the ARMENGUIDE platform and the provision of Users to the Supplier. Part II of the General Terms and Conditions applies to the use of ARMENGUIDE platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the User and the Supplier.

3.    Registration

Most of the functions on ARMENGUIDE platform doesn’t require any registration by the User. Booking an activity or Getting updates on categories of events of offers need a registration on ARMENGUIDE platform. The registration implies the approval of the General Terms and Conditions by the User. The registration with JUCARI is only concluded once a confirmation is sent to the e-mail address specified by the User. The User has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.

The User account cannot be transferred.

4.    Services of JUCARI/Conclusion of contract

4.1.  The User can find on ARMENGUIDE platform

·      information on the country and its main cities

·      a directory (association, business,…)

·      events

·      activities

4.2.  The User can fine tune its research by entering a range of date and the category of event, activity, read the information entered by the Supplier and if it is providing or set up by the Supplier checks the availability, books an activity ARMENGUIDE platform and pays online. The User is bound to his/her binding offer for one week.

4.3.  The User is notified by JUCARI or the Supplier itself of the conditions of the activity of the Supplier for their contractual relationship with the User and for their services and must respect these conditions. The Supplier keeps its right to refuse any action of the User if the User doesn’t meet the conditions. In such case the payment of the booking shall not be refunded.

4.4.  JUCARI provides the User with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the ARMENGUIDE platform itself is essentially free of charge for the User. The costs for the technical access to the ARMENGUIDE platform (e.g. internet access) are to be borne by the User. JUCARI is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.

4.5.  JUCARI shall forward the User any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.

4.6.  JUCARI assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which JUCARI cannot check in detail.

5.    Booking / Payments on JUCARI

5.1.  The service agreement concluded with the Supplier shall apply to the fees to be paid by the User for the services of the Supplier.

5.2.  If claims have to be paid by the User in a different currency than its national currency (claims for payment in foreign currencies), JUCARI can demand payment in the national currency of the User and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. JUCARI can charge the User a suitable conversion charge for this.

5.3.  The User can only assert the repayment of a payment to the respective Supplier. To avoid too many intermediate, communication via ARMENGUIDE platform is recommended to follow and manage such issue.

5.4.  To proceed the payment of a booking on ARMENGUIDE platform, the User must register. The User must enter correct payment information and update the details immediately in the event of changes. JUCARI can reject the payment method specified by the User. The User will be notified of the payment methods permitted for the respective service during the order process.

5.5.  Upon the authorization of the payment, the User consents to his/her payment information being used for the collection of payments by the creditor.

6.    Booking / Pricing of JUCARI

6.1.  All prices on JUCARI are per INDIVIDUAL and include VAT and all other taxes. Local taxes may be charged on site.

6.2.  These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.

7.    Duties and obligations of the User

7.1.  The User shall keep the registration data (User login and password) secret and not allow third parties access to JUCARI Portal using his/her registration data. The User shall be accountable for all use of his/her User account on JUCARI Portal.

7.2.  The User shall exempt JUCARI from third-party claims based on his/her use of the ARMENGUIDE platform, unless they are the fault of JUCARI.

8.    Availability and warranty

8.1.  There is no claim for availability, quality or service features, or technical support for the ARMENGUIDE platform. JUCARI can redesign, reduce or suspend their online portal JUCARI at any time, at its discretion. Existing agreements of the User with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

8.2.  JUCARI makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

8.3.  JUCARI makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the User in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

8.4.  Provided JUCARI does not have any obligation to the User, JUCARI also provides no guarantee.

9.    Liability of JUCARI

9.1.  If JUCARI has not assumed a corresponding contractual obligation by means of an explicit agreement with the User, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the User.

9.2.  Without explicit agreement or an assurance of this kind, JUCARI is not liable for defects in the performance of the service and personal or material damage incurred by the User concerning the services provided.

9.3.  Any liability of JUCARI due to the culpable violation of obligations in the brokering of contracts remains unaffected by the conditions.

9.4.  The liability of JUCARI for contractual claims of the User is limited to two-times the price of the User services procured, except for

·      any violation of a key obligation, which needs to be fulfilled to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose

·      liability for damage incurred by the User due to the injury to life, limb, or health, which is based on a negligent breach of duty by JUCARI or a vicarious agent of JUCARI

·      liability of JUCARI for other damage incurred by the User due to a grossly negligent breach of duty by JUCARI or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of JUCARI.

9.5.  For ordinary negligence, JUCARI is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the User can regularly rely on them being met.

9.6.  Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.

10. Termination

Users can cancel their registration on JUCARI Portal at any time by blocking their User account. JUCARI can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

11. Evaluation function of JUCARI

11.1.               Users can have personal influence on the content of JUCARI. Users are fully responsible for the User content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the Users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does JUCARI make User content its own, it merely provides a Platform.

11.2.               JUCARI can use the User content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

11.3.               JUCARI can remove or report User content where necessary and at its own discretion. For example, JUCARI can remove User content if it violates the JUCARI principles for content, in the opinion of JUCARI. JUCARI is not obliged to store copies of User content or provide copies thereof. JUCARI does not guarantee the confidentiality of User content.

11.4.               JUCARI and its distribution partners or sub-agents can display adverts and other information together or next to the User content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The User does not need to be especially notified of this.

11.5.               The Users shall fully indemnify JUCARI and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against JUCARI concerning the User content provided by the User. This also applies if the contested content can no longer be accessed on ARMENGUIDE platform. This does not apply if JUCARI is responsible for the legal violation. In the event of recourse by third parties, Users must immediately, truthfully and completely provide JUCARI with all the information necessary to verify the claims and defend them.

12. Data protection

12.1.               JUCARI collects and uses personal data of Users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for JUCARI between the User and JUCARI.

12.2.               If JUCARI is involved in the communication for a service agreement between the User and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

13. Changes to these General Terms and Conditions

13.1.               JUCARI reserves the right to change these General Terms and Conditions at any time and for any reasons. JUCARI will only make changes affecting the User, which the User must agree to in consideration of mutual interests. The amended conditions will be sent to the Users by e-mail at the latest two weeks before they come into effect. If a User does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. JUCARI will notify the User, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

13.2.               These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

14. Other provisions

14.1.               These General Terms and Conditions represent the whole agreement between JUCARI and the User. No additional agreements exist.

14.2.               The law of the Republic of Armenia shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Yerevan, provided the User is a tradesperson as per the Armenian Commercial Code or does not have a permanent place of residence in Armenia when the suit is filed. The legally binding places of jurisdiction remain unaffected by this

14.3.               If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

14.4.               

III. General Terms and Conditions of the Supplier

1.    Introduction

Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the Users via the ARMENGUIDE platform. This also applies, if access to the ARMENGUIDE platform is provided via a cooperating partner (sub- agent, distribution partner).

2.    Truthful details

The details transferred via the ARMENGUIDE platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude Users from participating in the service and to demand compensation amounting to the cancellation costs.

3.    Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

4.    Additional terms and conditions

If Supplier includes in addition to these General Terms and Conditions of of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

5.    Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

6.    Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

7.    Unpaid services

If you or the User you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the User you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the User you have referred, for the withdrawal costs.

8.    Exchange of messages

All messages between you, or the User you have referred, and the Supplier shall be done via the ARMENGUIDE platform or at least with JUCARI in cc thru the email contact@armenguide.com.

9.    Cancellation guidelines

9.1.  If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. JUCARI advises the User to carefully read the information in the product description.

9.2.  Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier:

·      Up to two days before the start of the activity: full refund

·      Less than two days before the start of the activity or in the event of a no-show: no refund

9.3.  You, or the User you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.

9.4.  The Supplier reserves the right to request higher, specific compensation instead of the flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, considering the saved expenses and any other use of the services.

9.5.  The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the User’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

10. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

11. Exclusion of participation

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a User you have referred. In these cases, the paid price cannot be refunded.

12. Changes to the program

Furthermore, the Supplier reserves the right to make non-essential changes to the program if this is necessary due to unforeseeable or unavoidable conditions.

13. Further conditions

Further conditions or deviating conditions can be found in the respective activity description.

14. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

15. Liability of the Supplier

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

16. Change to these General Terms and Conditions

These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The User has no claim for future bookings based on the existing conditions.

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