Terms of Use

Introduction...

Viva Voyage.com is owned and operated by Viva Voyage, LLC ("Viva Voyage"). 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.com. 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.

Part I of these Terms and Conditions applies to all products and services available through the Site. Part II of these Terms and Conditions apply specifically to Hotel Reservations.

PART I General Terms and Conditions

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.

Trademark Notice

"VIVAVOYAGE.COM" 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.

Acceptable Use

It is a violation of law to purchase a product in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

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 to and beyond the year 2000. 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.

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 the fee or charge to the User assessed by Viva Voyage for making a Purchase.

Some states, to the extent their law might be deemed to apply notwithstanding the selection of Florida law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

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.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Viva Voyage and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

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.

Credit Card Submissions

Under no circumstances may a purchase be made by a User utilizing this Site unless the User has provided Viva Voyage with the account number and expiration date of a major credit card.

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. The internal laws of the State of Florida shall govern the performance of the terms and conditions of this agreement.

Part II Terms and Conditions that Specifically apply to the Hotel Service

Limitation of Liability

Viva Voyage may be deemed to be acting as agent for hotels (collectively, "Hotel Suppliers") in facilitating the sale of hotel services to you. Viva Voyage does not assume liability for any injury, damage, death, loss, accident or delay due to any act or default of a Hotel Supplier, or by an act of God. Further, no responsibility is accepted for any damage and/or delay due to hotel cancellations, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond Viva Voyage's control. No responsibility is accepted for any additional expense, omissions, delays or acts of any governmental authority.

Hotel Service Restrictions

Hotel services available through this Site are subject to the following restrictions:

All hotel reservations made directly with a hotel are only cancelable or changeable in accordance with the policies of that particular hotel;

Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not be applied towards rooms reserved through our Site.

Unless a reservation is made directly with a hotel, date changes cannot be made to a confirmed hotel reservation. If you wish to add names, arrive earlier or extend your stay, you must contact the hotel directly. If your hotel allows a change to a reservation confirmed through our Site, additional room charges may be applicable and are at the discretion of the hotel and the hotel's prevailing rates at the time of your request.

For Washington Residents:

If lodging or other services are canceled by a participating hotel, all sums paid to such hotel for services not performed will be refunded to the User within thirty days of receipt of the funds from the hotel with whom the services were arranged, or if the funds were not sent to the hotel, the funds shall be returned within fourteen days after cancellation to the User unless the User requests the hotel to apply the money to another travel product and/or date.

For Oregon Residents:

Lodging and all other services are sold to you on a nonrefundable basis. If you cancel any service for any reason, sums paid by you for those services will not be refunded.

Payment and Security

Whenever you book a room with the "Lowest Price" icon (), we charge your credit card for the full amount immediately. The full amount is the total cost of your reservation and includes the room rate, tax charges and our service fees.

User agrees that if a request for purchase for a hotel reservation is accepted, Viva Voyage will confirm the reservation and forward your credit card information to the hotel in order for the hotel to charge the entire amount of the stay, including standard city and sales taxes, to your credit card.

Depending on the city you select, a local tax or "hotel occupancy tax" may apply. Theses taxes will be added by your hotel and will either be payable at check out, at the discretion of the hotel. When you check in, a photo ID and credit card will be required to secure any additional local hotel occupancy taxes and incidental charges (phone calls, room service, movie rentals, etc.) that you may incur during your stay.

Hotel Rates

Room rates in a city are obtained through the Pegasus System. Rates posted on the Site may not include all available and published room rates. Viva Voyage makes no guarantee or warranty that a hotel room will be available below or within the stated price range. All hotel pricing information available on this Site is subject to change without notice.

Cancellation Policy

Your hotel reservation may be changed or cancelled at any time, subject to a $20.00 cancellation or change fee. In addition, if you do not cancel or change your reservation before the hotel's cancellation policy period, which varies by hotel (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of one-night's room rate, tax charges and service fees. See the hotel description for each hotel's cancellation policy period.

Viva Voyage Fee

Fees for fulfilling purchased travel products and services are paid by participating vendors.

PART III Terms and Conditions that Specifically Apply to Airline Services

Travel Service Limitation of Liability

Viva Voyage is acting as an agent for airlines or other travel service providers (collectively, "Travel Suppliers") in selling travel services, or in accepting reservations or bookings for such services to be provided to you. Viva Voyage does not assume liability for any injury, damage, death, loss, accident or delay due to an act of negligence or the default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond Viva Voyage's control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.

Ticket Restrictions

Airline tickets purchased through this Site are subject to the published conditions of carriage and rules of the applicable airline. In addition, the following restrictions will apply:

For Washington Residents:

If transportation or other services are canceled by a participating airline, all sums paid to such airline for services not performed will be refunded to the User by Viva Voyage.com within thirty days of receipt of the funds from the airline with whom the services were arranged, or if the funds were not sent to the airline, the funds shall be returned within fourteen days after cancellation to the User unless the User requests the airline or Viva Voyage.com to apply the money to another travel product and/or date.

For Oregon Residents:

Transportation, lodging and all other services are sold to you on a nonrefundable basis. If any service is canceled by you for any reason, sums paid by you for those services will not be refunded.

Cancellations and Changes to Issued Air Tickets/Fees

Cancellation and/or changes to issued air tickets is dependent upon each carrier's rules and regulations. Viva Voyage.com reserves the right to impose all cancellation/change policies set forth by the validating carrier.

In the event an itinerary is changed once tickets are issued, a change fee up of up 100 USD or the current prevailing fee imposed by the applicable carrier will be assessed, in addition to the collection of the additional fare, if any.

Name changes are not permitted at any time.

In the event of a total cancellation, airfares may be non-refundable. Should the fare be non-refundable, the carrier may allow future travel for the same passenger(s) within a 1-year time period. Each carrier reserves the right to impose a fee up to 100 USD, plus collection of the additional fare.

Viva Voyage reserves the right to charge an administrative fee of 14.95 USD for each ticket issued as a result of a change or cancellation.

Other Applicable Fees

A 40.00 USD issuing fee will be charged for each air ticket purchased through this Site.

Country Selection

If you select a country and purchase airfare not originating from that country, prices may not be accurate!

PART IV Terms and Conditions that Specifically Apply to Cruise Services

Payments

Viva Voyage is not responsible for reservations that cancel due to lack of payment. It is your responsibility to make sure that your credit 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. If you are using a debit card to pay for your cruise, then we strongly recommend that you contact us via phone at 866-408-8482 to arrange payment.

As a courtesy, Viva Voyage will call and email you at your phone number and email address that is on file to remind the you that your final payment is due and to confirm method of payment. If we are unable to reach you to confirm final payment either via phone or email, then the final payment will be automatically charged to the original method of payment on the final payment due date which is stated on your invoice. If you have questions about your final payment date, then it is your responsibility to call us at 866-408-8482 or email us at customerservice@vivavoyage.com to clarify. In no case will Viva Voyage be responsible for reservations that cancel as a result of a declined card. Please note that changing your credit card information on our website does not automatically change payment methods on previously booked vacations. Please call customer service at 866-408-8482 or email customer service at customerservice@vivavoyage.com if you want to make any changes as to the credit card that we will automatically charge on your final payment due date. 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.

Itineraries

The cruise line has reserved the right to cancel or change itineraries at any time.

Changes to reservation

Viva Voyage charges a 50.00 USD per person fee for ALL changes to passenger information, including but not limited to, name changes or spelling corrections.

Cancellations

There will be a 50.00 USD per person cancellation fee to be charged by Viva Voyage plus any charges incurred by the cruise line for any cancelled reservation.

PART V Terms and Conditions regarding Cancellation Procedures that apply to all bookings

All cancellations must be made by an email sent to customerservice@vivavoyage.com. Reservations will not be considered cancelled until you receive an email back from customer service confirming that your reservation has been cancelled. It is strongly recommended that you follow up your cancellation email with a phone call to 866-408-8482 to confirm that we have received it.