Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR BOOKING REQUEST. WE STRONGLY ADVISE THAT YOU RETAIN A COPY OF THESE TERMS AND CONDITIONS AS WELL AS A COPY OF THE BOOKING FORM FOR FUTURE REFERENCE.
1.1) In these Conditions all references to ‘we’, ‘us’, and ‘our’ refer to VIVA Trips Limited, trading as ‘VIVA Trips’ (CRN: 10171061).
1.2) The terms ‘you’ and ‘your’ refer to the person who enters into a Contract with VIVA Trips for the provision of services.
1.3) ‘Tour’ means trip, package, holiday, course, or otherwise inclusive arrangement booked by you.
1.4) ‘Written’ or ‘in writing’ refers to any correspondence through official VIVA Trips channels of communication – email, post, website or social media – between you and VIVA Trips.
1.5) ‘View’ or ‘Visit’ refer to seeing a specific site from the outside with the possibility of briefly exploring it inside, conditions permitting. ‘Entry’ refers to gaining access to the site in question. Sites that cannot be gained access to, under any circumstances, will be specified.
2) BOOKING A TOUR
2.1) You may request a booking using the on-line booking request form. The booking request is subject to you having read and accepted these Conditions. By clicking on the appropriate tick box, prior to booking, you are confirming that you have accepted these Conditions.
2.2) No contract exists between you and VIVA Trips for the provision of services until we have received the completed booking request form from you. Subject to availability, you will be sent a confirmation email once ticket is purchased and the appropriate funds have cleared our bank account.
2.3) In any booking which includes more than one person, the person making the booking is classed as the “Party Leader”. Where you are the Party Leader you guarantee to us that you have the authority to accept (and do accept) these Conditions for each person named in your booking and that you have drawn these Conditions to their attention. You will be the primary contact with us and will accept any communications/correspondence from us (or our suppliers) on behalf of your entire party. The Party Leader will be responsible for all payments comprising the total initial deposit and total balancing payment where applicable.
2.4) The Party Leader will have the option of listing the names of the rest of the travelling party. We strongly urge that you do this so each seat can be individually reserved. If you choose not to do this, be aware that all seats will be reserved in your name.
2.5) It is also important to note that we operate a strict gender-assigned room policy for tours which require overnight accommodation. We will not be responsible if the Party Leader puts down a male name, instead of a female one, and ends up in an all-female dorm in which case, for the benefit and security of the other lodgers, may be denied accommodation entirely and would have to resort to finding their own accommodation at their own cost.
2.6) You are entirely responsible for clearly stating your requirements if you suffer from a medical or physical condition or disability that may affect your Tour BEFORE you make a booking. Refunds will NOT be issued once bookings are made if we were not pre-warned about, and agreed to, your special circumstances. The Party Leader is responsible for clearly stating any such requirements for each individual within their particular Tour party. Should VIVA Trips conclude that we are unable to accommodate your request, we reserve the right to decline the booking. Alternatively, we may request that you are accompanied by a person who is able to provide full assistance during the Tour.
2.7) Upon submitting your booking form, you agree to us processing the personal information you supply relating to you and your group in order to provide you with the services requested on your booking form. We will always list the start time of Tours and the time of departure from the destination we are visiting. We NEVER state the time of return as this is conditioned by several factors (weather, traffic, delays, etc.) We are not responsible for your travel to and from the pick-up point or for any expense accruing including travel, accommodation, subsistence or loss of earnings due to delays howsoever caused.
2.8) Upon receipt of your confirmation invoice please check the details carefully and contact us immediately, within 24 hours of its expedience, if any information on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes at a later date. We cannot accept responsibility for any inaccuracies in the information provided by you.
2.9) All customers must be at least 18 years of age at the time of booking a Tour with VIVA Trips. We do give special dispensation, on occasion, to customers who are under-18 but this must be agreed by us in advance. We therefore reserve the right to decline a booking request should we discover that the age requirement (or special exception) has not been met.
2.9) Any website quotes, verbal descriptions or telephone conversations are subject to interpretation and are superseded by written confirmation. It is therefore important that you check the details of your confirmation invoice upon receipt as we accept no liability for any such verbal information.
2.10) In the rare event of an error on your confirmation invoice, we reserve the right to correct this as soon as it is brought to our attention and will notify you of the error at the earliest possible opportunity.
2.11) A full itinerary and any relevant documentation will be sent to you via email prior to trip departure.
3.1) Once purchased, tickets are non-refundable except in the event of the Tour being postponed or cancelled by us.
3.2) Tickets can be re-sold, not through us but on personal terms. For overnight Tours, where accommodation is supplied by us, any re-sell must take place no later than 7 days before the start of the Tour. This is to ensure that the gender arrangement of the accommodation is not compromised.
3.3) A non-refundable and non-transferable deposit per person may be payable at the time of booking. In such cases, no places are guaranteed until a deposit has been received and the funds cleared.
3.4) Details of the final balancing payment amount and due date will be clearly stated on your confirmation invoice. The balancing payment will be due without reminder. If all payments due are not received in full and on time, we reserve the right to impose a late payment charge of up to £10.00 per person per day or may render your booking void with no refunds issued.
4) FINANCIAL PROTECTION
4.1) VIVA Trips Limited is a company committed to customer satisfaction and consumer financial protection. We can therefore confirm that we commit now, and in future, to use payment processing platforms – whether in-house or third party – that provide a direct and independent route to conflict resolution should a dispute over your payment arise. As of 1 July 2017, we use PayPal which makes allowance for such claims. We, of course, aim to satisfy every potential conflict at our end. But should you feel the need to take this further, our commitment to you is that you will always have an independent route to do so.
5.1) We highly recommend that you have adequate personal travel insurance which must be valid for the entire duration of the Tour. Your policy should cover cancellation, medical and repatriation expenses, personal accident and injury, baggage, adventure sports in which you may participate (if applicable), money and public liability. VIVA Trips is unable to provide travel insurance for any purpose.
5.2) We accept no responsibility for the loss of, or damage to, personal property or valuables. No liability will be accepted by us for any passenger travelling without adequate cover.
6) PASSPORT AND VISAS
6.1) All passengers are responsible for ensuring that they have a valid passport and any visas or travel documents where applicable. If you are not a British citizen you should contact your embassy who will give you advice on passport and visa requirements for the countries you will be visiting. We will warn you of any Tours where acquiring a visa is a necessity.
6.2) We will not accept liability or consider any refunds for passengers who are unable to travel due to incorrect or incomplete documentation.
6.3) It is recommended that your passport is valid for at least 6 months beyond your planned return date.
7.1) We are a data controller for the purposes of the Data Protection Act 1998 and are registered with the Information Commissioner’s Office.
7.2) To process your booking, we need to collect certain personal and financial details from you. Such information must be passed onto our suppliers, companies and organisations such as hostels, hotels, banks and Customs in order for our services to be provided. Only the specific, necessary information will be supplied to them. Data may also be provided to security companies, credit checking companies or public authorities if required by them, or as required by law.
7.3) Where your Tour takes place outside of the European Economic Area, (EEA), controls on data protection may differ to the legal requirements in the UK. In order to provide our Tour services to destinations outside of the EEA we will be required to pass on your information to relevant suppliers outside of the UK.
7.5) By providing us with your information, you implicitly agree to us sharing it with our suppliers mentioned in 7.2 or our trusted partners whom we vet and with whom we have long-standing agreements and relationships. The names of such partners will be clearly listed on our website.
7.6) We hold your details for our own marketing purposes to inform you of future events and promotions. If you do not wish to receive such information, please inform us as soon as you possibly can.
7.7) You are entitled to request from us, in writing, what details of yours are being processed, disclosed or held and for what purposes. Please note we will charge a fee to respond to such a request. We will only deal with the information you supply to us as set out above unless you agree otherwise, except where expressly permitted by the Data Protection Act 1998.
8) AMENDING YOUR EXISTING BOOKING
8.1) If you wish to make any amendments, including any name change to a confirmed booking, you must contact us as soon as possible. Any such requests to amend a confirmed booking must be made by the person named on the booking form and in writing. We reserve the right to deny making such changes should the circumstances not permit us.
8.2) For overnight Tours, where we are responsible for accommodation, no amendment can be made within 7 days of departure.
8.3) You may be responsible for payment of an administration charge of £10.00 along with any additional costs we may incur as imposed by any of our suppliers.
8.4) It is a breach of contract for any passenger to sell or give their Tour to another person without contacting us in writing beforehand for permission.
9) CHANGES BY US TO EXISTING BOOKINGS
9.1) A Tour is deemed complete if it takes in the route and visits the sites as advertised.
9.2) It is unlikely that we will be required to make any amendments to your Tour but should any changes be required then we reserve the right to alter, substitute or cancel any of our services for operational reasons or due to circumstances beyond our control at any time. Any changes that need to be made will be communicated to you at the earliest opportunity. There are two classifications of changes – Minor and Major Changes:
9.3) A Minor Change is any operational change which could not have been reasonably expected to have a significant effect on your confirmed Tour – such as; changes to the route or guided tour of a destination. Amendments may not be specifically notified to you and may only appear on your travel itinerary, usually due to time constraint. No compensation is payable for any Minor Changes and they do not entitle you to cancel or amend existing bookings without the applicable administration charges. Minor Changes also include alterations of travel/coach timings by less than 12 hours, changes of accommodation to one of the same or higher standard and any other changes that do not fall into the category of a Major Change as noted below.
9.4) Major Changes include: alterations of travel/coach timings by more than 12 hours; cancellation of visit to a major site or destination that constitutes part of the Tour; a change of location or accommodation of a lower standard for the whole or major part of the Tour. Please note that cancellations are treated separately to a Major Change.
9.5) For any Major Change made by us, you are entitled to one of the following recoveries:
9.5.1) Accept the amendment proposed by us. We will refund the difference in price if the replacement Tour is of a lower standard and price.
9.5.2) Accept a replacement Tour from us, of at least the same standard and price, if available. This may require you to receive a partial refund or to pay the difference in Tour prices.
9.5.3) Cancel your Tour and receive a full refund of all monies paid to us.
9.6) You must notify us of your choice within the set timeline we specify upon notifying you of the changes. Notification will be deemed sent and received once we send an email to the address you provide in your booking form. Email is ALWAYS the default medium of communication. Not Facebook or any other social media forum. If we do not hear back from you within set timeline, it will be assumed that you have accepted the amendment(s) proposed by us.
9.7) If a Major Change is made as a result of “force majeure,” full or partial compensation may not be forthcoming. Please see Clause 13.
9.8) We are not liable for any other cost or any other travel arrangements made, individually, as a result of a Minor or Major Change to your Tour.
10) CANCELLING YOUR EXISTING BOOKING
10.1) Once purchased, no refunds will be issued except in circumstances stated in 9.5.
10.2) If you have a personal insurance policy, please check the level of protection you are entitled to. Depending on the reason for cancellation, your policy may cover certain circumstances such as loss of deposit or cancellation fees. If applicable, you will be required to pay the cancellation charges first and then seek a refund from your insurance company.
11) CANCELLATION BY US OF EXISTING BOOKINGS
11.1) In the extremely unlikely event that we cancel a Tour, all monies paid to us will be refunded to you, in full, within 14 working days of the date of cancellation. We regret we will not be liable for any incidental expenses incurred by you as a result of a cancellation.
11.2) We are also not liable for compensation over and beyond your full refund.
11.3) If we cancel a Tour, we will offer you a choice of one of the following:
· 11.3.1) Accept the cancellation proposed by us and receive a full refund of all monies paid to us;
· 11.3.2) Accept a replacement Tour from us, of a similar standard and/or price, if available. This may require you to receive a partial refund or to pay the difference in Tour prices.
11.4) You must notify us of your choice within the specified deadline provided by us in our email to you. If we do not hear back from you then it will be assumed that you accept the cancellation proposed by us and we will refund all monies paid to us.
11.5) All of the above are subject to the following exceptions:
· 11.5.1) A default by you in payment of any money due under these Conditions;
· Circumstances falling under “Force Majeure” (see Clause 13);
· 11.5.3) A material breach made by you in relation to any of these Conditions other than those relating to money (see Clauses 14 & 15)
12) CHANGES IN TOUR PRICES
12.1) Subject to the correction of errors, the price of your Tour is fully guaranteed at the time of booking. We reserve the right to correct errors in confirmed and advertised prices and will inform you of any price changes as soon as we become aware that they need to be made.
12.2) We reserve the right to amend prices as a result of changes in prices by externalsuppliers. This only applies to new bookings or any items that have not yet been paid for.
13) FORCE MAJEURE
13.1) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions caused by events outside our reasonable control (Force Majeure event).
13.2) A Force Majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
· 13.2.1) strikes or other industrial action; OR
· 13.2.2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; OR
· 13.2.3) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; OR
· 13.2.4) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; OR
· 13.2.5) impossibility of the use of public or private telecommunications networks.
13.3) Our obligations under these Conditions are suspended for the period that the Force Majeure event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure event to a close or to find a solution by which our obligations under these Conditions can be performed despite the Force Majeure event.
14) SPECIAL REQUESTS
14.1) If you have any condition, medical or otherwise, that may affect your or other passengers’ enjoyment of the Tour, you must advise us of this at the time of booking. If at a later date it is discovered that details were not supplied by you (or the Party Leader, in the case of a group booking) at the time of booking, we have the right to cancel your booking without refund.
14.2) We will pass on any reasonable requests to our relevant suppliers but we cannot guarantee that they will be catered for. It is your obligation to bring this to our attention BEFORE concluding a booking. This is to give us enough time to check with our suppliers to ensure that such requests can be accommodated. Were we to confirm accommodation only to then reverse position, for whatever reason, you will be entitled to a full refund.
14.3) Any requests that we can cater for will be confirmed to you in writing and may be subject to an additional charge.
14.4) Special requests do not form part of our contractual agreement. As such, we will have no liability should they not be met.
15) CONDUCT AND BEHAVIOUR
15.1) We can refuse to accept you as a customer or to continue dealing with you at any point in time if your behaviour affects or threatens to affect other passengers or is deemed abusive, threatening or disruptive towards our staff both; in the UK and abroad (this includes in writing or verbally).
15.2) Any people in charge of operating our Tours including, but not limited to, administration staff, coach drivers, accommodation staff or our representatives can, at any time, refuse to allow you to proceed with your Tour if they consider you or any of your party to be abusive, threatening or disruptive. They reserve the right to prevent you from boarding the relevant means of transport; or stay at the relevant accommodation; or partake in the relevant tour.
15.3) Should we cancel your Tour whilst overseas due to inappropriate behaviour, regardless of which country you are in, we will not be liable for any additional costs incurred by you. It will be your responsibility to secure your own accommodation and onward transport including alternative arrangements for those who will not travel without you. In such circumstances, no refunds or compensation will be paid. We may also make a claim against you (and/or instigate criminal proceedings) if your behaviour has resulted in any additional costs to us.
15.4) We reserve the right to terminate your Tour at any point if you are found to be unfit – medically or otherwise – and are unable to continue with the Tour.
15.5) Any damage, to property or otherwise, caused as a result of your inappropriate behaviour will require a full payment from you for the cost of damage or loss with payment being made directly to the relevant supplier. Failure to do so will result in us commencing legal proceedings against you for recovery of such loss and damage incurred by us as a result of your actions.
15.6) In such circumstances as noted above, we will consider your booking cancelled and the appropriate cancellation charges will apply as stated in Clause 11.
16) NON-ASSOCIATES OF VIVA TRIPS
16.1) We do not hold or have access to details of any other guests that may be booked into the same accommodation as us or who are taking part in the same events.
16.2) We accept no responsibility and have no control over the behaviour of other guests. Our representatives will assist wherever possible should the behaviour of other guests be considered inappropriate or disruptive.
17.1) When travelling by coach, the baggage allowance per passenger is 1 main bag or suitcase to be stored in the hold (no more than 15kg) and appropriate small hand luggage (no more than 5kg) to take on board.
17.2) Luggage stored in the hold will not be accessible for the duration of the journey.
17.3) All passengers are responsible for the safe loading and unloading of their personal luggage and we will not be responsible or liable for any misplaced, lost or stolen luggage.
17.4) We will not accept responsibility for any items left on board or for any valuable items stored in luggage compartments or on the coach.
17.5) We strongly advise that permission is not granted to a third party to load or unload your personal luggage.
18) COACH TRAVEL
18.1) Coach travel included in your Tour is provided on the basis that we arrange for competent, independent sub-contractors to provide coach transport and any other related services, and in doing so, exercise reasonable care. You agree to abide by the terms and conditions of all such coach suppliers providing services on your Tour.
18.2) For all coach departures, you must be at your designated pick-up point at least 30minutes prior to the stated departure time. Final details of timings and specific locations will be detailed in your Tour Itinerary.
18.3) We reserve the right to amend departure timings and locations of the pick-up/drop-off points. In such circumstances we will notify you at the earliest opportunity.
18.4) We will provide passengers with a representative of VIVA Trips on board each coach, at all times, who will be available to you at all times for your outwards and inbound journeys.
18.5) All passengers, when travelling aboard coaches provided by us, agree to abide to all current legislation including, but not limited to, the wearing of seat belts. Smoking on board is not permitted at any time. For most coaches, the bringing of hot food on board is also not permitted.
18.6) You must comply with the decisions and instructions of the coach driver or Trip Leader providing services to you at all times.
18.7) We will not be liable for any loss incurred by you as a result of delays to coach travel due to traffic problems, accidents, adverse weather conditions, mechanical failure or any other reason out of our control.
18.8) If there are any delays due to an accident or mechanical failure, we will endeavour to remedy the problem or arrange an alternative vehicle as soon as possible. We will make all reasonable efforts to provide alternative coaches of the same standard. In the event that such an incident occurs in the middle of a road or in a place generally deemed to be unsafe (and by ‘unsafe’ we mean with constant, passing traffic; without shelter; or access to facilities such as you will find at a service station) it is absolutely paramount that all passengers remain on board at all times. Anyone taking upon themselves to leave the vehicle or arrange personal transportation does so at their own risk for which we accept no responsibility. Such person or persons may also be liable to legal proceedings should we conclude that their actions endangered others on the travelling party. We will not accept liability if an inferior vehicle is used as a replacement as our priority at that point will be to either continue the tour or return to base. A delayed coach may lead to reduced stops on the journey.
19.1) Only those persons who have booked with us on the Tour can use the accommodation provided by us. You are not permitted to allow any persons who have not booked on the particular Tour provided by VIVA Trips into your accommodation.
19.2) You agree to accept and abide by the accommodation provider’s rules and regulations.
19.3) You must not damage or deface any items within your accommodation. You will be liable for the cost of any such loss or damage incurred by us or the accommodation provider as a result of your actions and will be required to pay such sum in full before the homeward bound journey commences. You may be denied boarding any homeward bound journey if you refuse to pay or to undertake a commitment to pay on your return.
19.4) Some accommodation may require a security deposit whose collection will be pre-arranged by us with instructions on how to the funds will be recovered upon checkout.
20.1) Excursions, day trips or other tours in which you choose to participate that are not booked with us, as detailed in your Tour itinerary, do not form part of your Tour provided by us. In such circumstances, any contract or arrangement will be with that particular operator/provider and not with us. As such, we are not liable for any excursion or for anything that happens during it.
21) LOST ITEMS
21.1) We accept no responsibility or liability for lost property on any Tour. Whilst we will endeavour to locate lost property, we cannot guarantee to do so or to be able to arrange for your property to be returned.
21.2) We reserve the right to charge an administration fee for the safe return of lost property which will also cover any special dispatch costs. Such costs will be payable in advance.
22) RISK ACCEPTANCE
22.1) You must accept any hazards involved in this kind of trip, particularly in relation to the unusual and potentially dangerous activities undertaken. You acknowledge that due to the nature of many of our activities, you are exposed to an element of personal risk and the activities are of an unpredictable nature. Therefore, you accept and consent to the risks inherent in our Tours and accept that we have no responsibility or liability for your involvement in any such activities in which you choose to participate.
23) MARKETING MATERIALS
23.1) Any likeness or image of you secured or taken on any of our trips may be used by us, with neither charge nor permission, in all media for promotional or marketing purposes including, but not limited to, photo albums, brochures, slides, video shows and across the internet.
23.2) Any external links provided on our website are not under our control and we take no responsibility or liability for their content.
23.3) We will not be liable for any loss or damage including, but not limited to, indirect or consequential loss or damage, arising from use or loss of use of data or profits arising out of or in connection with the use of our website.
24.1) It is your responsibility to ensure that any perceived breach in our contract is communicated to us, through our official email, at the earliest available opportunity.
24.2) Any verbal notification must then be followed-up in writing to us as soon as possible.
24.3) All complaints must be put in writing together with the booking reference no later than 14 days after the completion of your Tour. Failure to do so may affect our ability to investigate the complaint. We cannot accept liability if there is a failure by you to comply entirely with this Clause.
25) LIMITATION OF LIABILITY
25.1) We have undertaken to provide all services with due skill and care and that are of a reasonable standard and commensurate with this type of Tour. Some of the accommodation and transport are run by independents and though they form part of the Tours offered by us, the term “reasonable standard” should be taken in the context and measure of the standards of the country in which they are supplied.
25.2) We accept responsibility for the act and/or omissions of our employees and suppliers when acting within the scope of their employment.
25.3) Nothing in these Conditions shall exclude or restrict our liability for death or personal injury except in the following situations:
· 25.3.1) the act(s) and or omissions of the person(s) concerned; or
· 25.3.2) those of a third party not connected with the provision of your Tour and which were unforeseeable or unavoidable.
25.4) Subject to Clause 25.5, if either you or us fails to comply with these Conditions, neither you nor us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Conditions.
25.5) Neither us nor you shall be responsible for losses that result from our failure to comply with these Conditions including losses that fall within the following categories:
· 25.5.1) loss of income or revenue;
· 25.5.2) loss of business;
· 25.5.3) loss of anticipated savings; or
· 25.5.4) loss of data.
25.6) We will not be responsible or liable if any passenger suffers injury, illness or death whilst overseas as a result of an activity which does not form part of our Tour. At our discretion, we shall offer advice, guidance and assistance to help you in resolving any claim you have against a third party, provided we are advised of the incident within 14 days of its occurrence. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves.
25.8) No employee, sub-contractor or supplier of ours has authority to commit us to any liability whatsoever and we will not be bound by any statement or representations unless it is in writing and signed by one of our Directors.
26.1) Any notice or other communication required to be given to a party under or in connection with these Conditions shall be in writing and shall be deemed delivered once sent by email, to the email provided you on your booking form. If the booking was made by a Party Leader, it will be deemed delivered once sent to the email provided by the Party Leader.
26.2) This Clause shall also apply to the service of any proceedings or other documents in any legal action.
27) GOVERNING LAW AND JURISDICTION
27.1) These Conditions, and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
28) TERMS AND CONDITIONS UPDATES
28.1) These Conditions were published and last updated on 1 July 2017.
We may be duty-bound to update and amend these terms and conditions where necessary. In such instance, no notice will be given to you as to any revisions of these terms and conditions.
28.2) We therefore recommend that anyone bound by any of these terms and conditions ensures that they are aware of any updates by reviewing these terms and conditions on a regular basis via our website and as close to the date of your Tour departure as possible.
28.3) Any changes or amendments to these terms and conditions will be deemed as accepted by you unless otherwise notified to us, in writing, within 28 days of their issue.