Terms & Conditions

Vivavoyage.co.uk is owned and operated by Viva Voyage Limited (“Viva Voyage”). Our company number is 06392458 and our registered address is Viva Voyage Limited, Carter Backer Winter, 66 Prescot Street, London, E1 8NN. We are a member of the Travel Trust Association (“TTA”). Our TTA number is U7242. More information about TTA can be found on their website at www.traveltrust.co.uk. Our telephone number is 0800 862 0143. Our email address is customerservice@vivavoyage.co.uk.

This Agreement describes the terms and conditions applicable to the services available through this website. This Agreement describes your responsibilities and, among other things, limits the liability of Viva Voyage. Before submitting an account registration form and/or using any of the services offered on our website, please read all of this Agreement carefully. Your use of this website (the “Site”) constitutes your agreement to be legally bound and abide by all terms, conditions and notices contained herein. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Additionally, children are prohibited from using this Site.

Viva Voyage reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site.

Viva Voyage incorporates herein, by reference, its Privacy Policy.

Booking Terms and Conditions

Viva Voyage Limited will make the booking on your behalf as a booking agent for the relevant travel supplier(s) concerned and your contract will be subject to the relevant supplier’s terms and conditions which could limit or exclude liability to you (often in accordance with various applicable international conventions). If you wish to review the relevant supplier’s terms you should visit the relevant supplier’s official website to read the terms and conditions. If you require assistance to find these, please call us on 0800 862 0143

Your contract will come into existence once we have received your payment in cleared funds and a confirmation invoice has been issued.

Viva Voyage Limited’s ATOL license number is T10105.

Your Financial Protection
“When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”

“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”

“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”

Prices

The price of your package may be subject to upward or downward variation and you may be subject to a surcharge payable or entitled to a refund respectively on the price quoted in your confirmatory invoice, if such variations are due to changes in the following: transportation costs (e.g. airfares, the cost of fuel, labour charges, government regulation or safety or security reasons); government action such as changes in dues and taxes (including VAT); or fees payable for services (e.g. landing taxes or embarkation/disembarkation fees at ports and airports) or to reflect fluctuations in exchange rates.

You understand and agree that if you use an FCC or any other type of certificate, credit, coupon, or voucher issued by the cruise line and/or other travel supplier, your discount will decrease and your total cost for your cruise will be higher than we charge other clients who do not have this applied to their booking.

Price Promise Terms and Conditions – cruise bookings

If you believe you have found a lower rate than the rate you have paid, send in your claim to us in accordance with the below and we will investigate and, if applicable, issue you with a refund for the difference. The following requirements must be met:-

  1. The refund must be claimed within 24 hours of the time of booking.
  2. Only prices from online travel retailers will be matched and the cruise at the lower price must be offered by a bonded UK Travel Agent.
  3. The claim must be based on a like for like comparison of the same type of room category and occupancy on the exact same ship, including all the same options (e.g. inclusive of service charges and taxes) and be for the same dates as actually booked.
  4. The cruise at the lower price must be available immediately by an online booking to the customer. Cruises that are not available for immediate purchase on the competitors’ website are excluded. (eg. You should not have to call the agency to book)
  5. The cruise at the lower price must not be a special offer price, group pricing, a promotional price, or part of a package.

Payments

When you use our website to make a booking, you will need to provide us with credit or debit card details in order to cover the full cost of your trip. You authorise us or an authorised third party to take full payment for the total amount of your purchase. Please note that you may be required to present a credit card at the time of check-in to provide confirmation of authorised card use or to secure any additional charges.

The price of each product or service is regularly reviewed and may go up or down. Promotional or discounted offers on this site are provided at our discretion. All offers are subject to availability and may be withdrawn at any time.

We will charge you for any additional handling fees incurred by us in respect of payment through a debit or credit card and in addition to the price of your trip, there will be a booking fee payable per person. All such fees will be highlighted to you during the course of making your booking.

When you make a booking, you guarantee that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and, further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking. It is your responsibility to ensure that any information which is given to you by us or any of our employees or suppliers is passed on to all members of your party. Any information which we give to you shall be deemed as given to each and every party member for whom you are making or have made a booking.

Due dates and payments schedules vary by cruise line. At the time of booking either online or over the telephone, you will be advised of the applicable payment schedule and due dates.

Viva Voyage is not responsible for reservations which are canceled due to a failure to make payment. It is your responsibility to make sure that your credit card/debit card charge is approved. Please note that debit cards usually have a maximum daily limit which may be less than the amount that you are attempting to charge with us.

As a courtesy, Viva Voyage will email you at your email address which we have on file to remind you that your final payment is due and to confirm method of payment. If you have questions about your final payment date, then it is your responsibility to call us at 0800 862 0137 or email us at customerservice@vivavoyage.co.uk to clarify. In no case will Viva Voyage be responsible for reservations which are canceled as a result of a declined card. Viva Voyage is not responsible for any overdraft or bank charges that you incur as a result of us charging your credit card in accordance with the terms and conditions of this website. Additionally, Viva Voyage reserves the right to cancel your reservation at the close of business on the date that the final payment is due, if the reservation is not paid in full.

Changes and cancellations – by you

All cancellations must be made by an email sent to customerservice@vivavoyage.co.uk. Cancellations are only processed Monday through Friday due to the limited hours of our travel suppliers.

All changes and/or cancellations are subject to availability, limitations and restrictions of the relevant travel supplier and Viva Voyage.

If you wish to change or cancel any part of your booking, a Viva Voyage administration fee will apply. Fees are as follows: Viva Voyage charges a £25 per person change fee for any changes to a booking plus any applicable fees imposed by the travel supplier. There will be a £50 per person cancellation fee to be charged by Viva Voyage plus any cancellation charges imposed by the travel supplier for any cancelled reservation.

Prior to cancelling, it is your responsibility to review any potential penalties and/or cancellation fees that may be accessed by the travel supplier and/or Viva Voyage. Therefore, we strongly recommend that you contact customer service by phone to discuss any potential penalties or fees before emailing your cancellation request.

Once a cancellation request is received by email, your reservation will be cancelled based upon the following time the request was received:
Received during our business hours Monday through Friday: Cancelled within the earlier of 3 hours of email receipt or by 5pm GMT the same day. Received outside of our normal business hours (excluding Saturday or Sunday): Cancelled within 3 hours of the next business day opening Received Saturday or Sunday: Cancelled within 3 hours of our opening Monday (excluding Holidays which then it would be the next business day)

Reservations may not be considered cancelled until you receive an email back from customer service confirming that your reservation has been cancelled. Therefore it is your responsibility to phone us if you have not received a confirmation email back concerning your emailed cancellation. We are not responsible if your email fails to get to us so please call if you don’t receive an email back.

Changes and Cancellations for Package Holidays:

If you are sold a “package holiday” as defined in the Package Travel Package Tours and Package Holidays Regulations 1992 the following change and cancellation policy shall apply instead of our standard change and cancellation terms stated for non-package holidays: If you wish to change or cancel any part of your booking, a Viva Voyage administration fee will apply. Fees are as follows: Viva Voyage charges a £25 per person change fee for any changes to a booking plus any applicable fees imposed by the travel supplier and there will be a £50 per person cancellation fee to be charged by Viva Voyage in addition to the package holiday cancellation penalty stated in the chart below.

If you cancel your package holiday then it is subject to the additional following package holiday cancellation charges:

Penalty amount charged by us based upon days before departure
92 Days + Loss of Deposit* 42-91 days 50% of holiday cost* 28-41 days 75% of holiday cost* 8-27 days 90% of holiday cost* 0-7 days 100% of holiday cost

*Where the standard deposit is increased to secure flights, hotels, or extras, which are non-refundable, then the scale of cancellation charges will be based on the % of the cost of all other arrangements, or loss of deposit, as applicable, and the non-refundable charges will be added to that cancellation charge to give the total cancellation penalty charged.

If we have to cancel your trip before departure as a result of unforeseeable circumstances beyond our control then we reserve the right to refund your payment in full without any further liability to you or compensation due to you as a result of us cancelling your package holiday.

If we need to make significant changes to your package prior to departure then we will compensate you 30 GBP per full fare paying adult. Significant changes include changing airports (except where the change is from one London airport to another) on departure or arrival, changing the departure date from the UK, changing the flight time by more than 12 hours, changing accommodation to one of a lower rating or at a different facility. Our liability for these significant changes is limited to offering you 30 GBP per full fare paying adult. We are not responsible for any expenses, costs, or losses that you incur as a result of a significant change beyond the stated compensation in this section. Any request to cancel as a result of a significant change will be subject to our package cancellation penalties less the compensation provided for a significant change.

No compensation will be provided for minor changes that are not defined as significant changes above. Additionally no compensation will be provided for a significant change if it is caused by you or your travelling companies or if you fail to comply with any requirement of our booking conditions.

All cancellations must be made by an email sent to cancellation@vivavoyage.co.uk. Cancellations are only processed Monday through Friday due to the limited hours of our travel suppliers.

All changes and/or cancellations are subject to availability, limitations and restrictions of the relevant travel supplier and Viva Voyage.

Prior to cancelling, it is your responsibility to review any potential penalties and/or cancellation fees that may be accessed by the travel supplier and/or Viva Voyage. Therefore, we strongly recommend that you contact customer service by phone to discuss any potential penalties or fees before emailing your cancellation request.

Once a cancellation request is received by email, your reservation will be cancelled based upon the following time the request was received:
Received during our business hours Monday through Friday: Cancelled within the earlier of 3 hours of email receipt or by 5pm GMT the same day. Received outside of our normal business hours (excluding Saturday or Sunday): Cancelled within 3 hours of the next business day opening Received Saturday or Sunday: Cancelled within 3 hours of our opening Monday (excluding Holidays which then it would be the next business day)

Reservations may not be considered cancelled until you receive an email back from customer service confirming that your reservation has been cancelled. Therefore it is your responsibility to phone us if you have not received a confirmation email back concerning your emailed cancellation. We are not responsible if your email fails to get to us so please call if you don’t receive an email back.

Insurance cover

You represent and warrant that you have suitable travel insurance to cover (as a minimum) the costs incurred if you cancel your trip, the cost of emergency medical assistance, including repatriation, in the event of an accident or illness whilst you are abroad and it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs. It is your responsibility to comply with the insurance company’s requirements and your duty to disclose to the insurance company all relevant information e.g. pre-existing illnesses.

Special assistance

If you are disabled or incapacitated or of limited mobility or require special assistance for any reason, we require that you notify us at the time of making your booking. If these requirements change before your trip you must inform us. We will not subsequently be liable to you for any losses you may incur in the event that we or our suppliers are unable to accommodate your requirements.

Special requests

Please advise us of any special requests and we will pass these on to the relevant supplier. However, we cannot guarantee your special request as we do not have any direct control over the manner in which the services are provided.

Passport, visa and health information/requirements

The information in this section is valid for British Citizens only. Non-British Citizens (including: citizens of British Dependent Territories; those who hold their citizenship by virtue of a connection with Gibraltar; British subjects who have a right of abode in the United Kingdom; and EC and other nationals) should consult the Embassy of their destination country and the Home Office Immigration Department regarding any special documentation for the countries they are visiting or for return to the UK. It is your responsibility to check with the applicable Embassy or Consulate to see whether the destination(s) that you are visiting requires a visa, especially if you do not hold a passport marked “British Citizen”. If you fail to do so, you will be solely responsible for any cost, loss or damage which you or we incur as a result of your failure.

It is also important to remember to include all transit points of your journey, which may also require you to obtain a visa. Please note that many countries require that your passport is valid for six months beyond the period of your stay. Some countries apply different rules and you should contact the Embassy or Consulate of your destination for relevant current information.

It is vital that you ensure that your passport is legible and intact, any sign of damage could result in a refusal of carriage or entry into your country of destination. If you hold a UK passport and require information in respect of the validity of your passport, the procedure and time required to apply for a passport or renew an existing passport, the regulations in respect of minors, or if your passport has been lost or stolen, you can contact the UK Passport Service help line on 0870 521 0410 or on the internet at www.ukpa.gov.uk

It is your responsibility to obtain the appropriate visa for your destination(s) and any applicable transit point. If you require information in respect of current visa requirements, procedure and time required to apply for the applicable visa, you should contact the Foreign and Commonwealth Office. Their telephone number is 020 7008 8438 and their website address is www.fco.gov.uk. Please note that specific requirements for specific countries can be complex and subject to change at short notice.

Children not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until:

  1. The child reaches the age of 16; or
  2. The passport on which the child is included expires; or
  3. The passport on which the child is included is replaced or an amendment results in the issue of a new passport

The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a holiday but before travelling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can endeavour to make the necessary changes to your holiday documentation.

It is important that all travellers to the United States take note of the following:

A visa will be necessary for entry to the United States of America (USA) unless passengers are eligible under the Visa Waiver Program (VWP). The VWP allows holders of full British Citizens Passports who have the right of abode in the UK to complete a Visa Waiver Form and submit this on arrival. You must ensure that you comply with all USA Government requirements as per the Visa Waiver Form before confirming your booking.

All British passport holders, including children, travelling to the USA under the VWP will need their own machine-readable passports (MRP). This means that anyone without a MRP, including children who are currently on a parent’s passport, will need a visa to travel to the USA. A British Passport is machine-readable when the white strip at the foot of the personal data page (at the back of the passport) bears two lines of print. If there is no white strip, or the white strip is blank, then the passport is not machine-readable.

If you have a serious communicable disease of public health significance including HIV you are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.

If you have ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction including driving offences, you may require a visa and should consult the US Embassy directly (details are below).

For further details on entry requirements for the USA and the VWP (as there are some restrictions and requirements change from time to time), check the US Embassy website: www.usembassy.org.uk or the Foreign & Commonwealth Office: www.fco.gov.uk

You should seek advice on any vaccinations and precautions that may be compulsory or recommended from a health professional � a GP, practice nurse, pharmacist or travel health clinic � ideally at least 8 weeks before you travel. Further travel advice can be found on www.fitfortravel.scot.nhs.uk and www.nathnac.org. Information about how to get medical treatment abroad and how to get reduced cost, and sometimes free treatment in Europe can be found in the NHS leaflet “Health Advice for Travellers”.

Itineraries

Each of the cruise suppliers has reserved the right to cancel or change itineraries at any time. Viva Voyage is not responsible in the event that a cruise supplier chooses to do so. The travel supplier may choose to provide compensation for an itinerary change or cancellation depending on the circumstances. However, there is no guarantee that the travel supplier will offer any compensation in the event that they cancel or change an itinerary.

Pre-travel advice

The Foreign and Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check whether or not such information has been issued on the Internet under the address www.fco.gov.uk/knowbeforeyougo prior to travelling.

If something goes wrong

If a problem occurs while you are traveling, you must inform the relevant supplier (e.g. cruiseline, hotel, airline). If the supplier cannot resolve the problem to your satisfaction, you should contact us on 0800 862 0143 so that we are given the opportunity to help. If your complaint is not resolved at the time, you must notify us at the earliest opportunity and email us at customerservice@vivavoyage.co.uk within 28 days of your return to quoting your original booking reference and giving all relevant information. Failure to notify us within this time period may hinder our ability to resolve your complaint and/or investigate it fully and, as a consequence, any right to compensation that you may have could be prejudiced.

General Terms of Use

Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Viva Voyage and/or various third party providers (“Providers”). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code as well as UK copyright laws.

Trademark Notice

“VIVA VOYAGE LIMITED” and “VIVA VOYAGE” are existing or pending marks of Viva Voyage. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

IN NO EVENT SHALL VIVA VOYAGE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF VIVA VOYAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with these Terms and Conditions nor for any Provider’s failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables. Viva Voyages acts only as a booking agent for the third party suppliers of your trip, we have no liability whatsoever if your trip is deficient and, in particular, we have no liability for any loss, personal injury or death however incurred unless such loss is caused by our negligence.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed three times the charges to the User charged by Viva Voyage for making a Purchase.

Third Parties

If you use this Site to purchase products or services for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.

Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described above.

A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these booking terms and conditions. This paragraph does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

Links to other Websites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous

The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations.

Governing law

These booking terms and conditions shall be governed and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to adjudicate any dispute which arises thereto. Additionally your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time. We are not liable for any bookings which do not comply with such local laws, customs and sensitivities.