Terms and Conditions
VIVA EXPEDITIONS BOOKING TERMS & CONDITIONS
Please carefully read these booking conditions. By booking a Tour you acknowledge that you have read, understand and you agree to be bound by these conditions which form an agreement between Viva Expeditions Ltd and yourself. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
These terms and conditions form part of the contract between:
+ Viva Expeditions Ltd (“the company”, “we”, “us” or “our”); and
+ Any person wishing to travel on a tour provided or offered by the company (“the client”, “you” and “your”)
The person making the booking for the tour warrants that, before making the booking, he or she has read and has agreed to be bound by these terms and conditions.
A booking request is accepted when we issue a written booking confirmation following the payment of your deposit (see below). It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
Where the booking for a tour is made other than by all persons wishing to travel on the tour, the person making the booking warrants that he or she has advised each person wishing to travel on the tour of these terms and conditions and further warrants that each such person has agreed to be bound by them.
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
PRICES & EXCLUSIONS
Our price includes accommodation, transportation and other inclusions as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
Prices are calculated with reference to several factors, including exchange rates, Government charges (both in New Zealand and overseas), transport costs and fuel charges.
You acknowledge that some of the variable factors of the costs of your travel arrangements as noted above may increase after your booking is confirmed. We reserve the right to pass on these increases to you at any time prior to commencement of your travel arrangements, which you agree to pay within 14 days of notice.
Once you have paid for your travel arrangements in full, we will not pass on any cost increases for negative currency fluctuations.
At the time of booking, the client must pay a non-refundable deposit of at least the following:
+ In respect of cruises, an amount equivalent to at least 25% of the estimated total cost.
+ In respect of land tours, transfers and accommodation, an amount equivalent to at least 25% of the estimated total cost.
+ In respect of airfares, 100% of the estimated total cost.
+ In respect of the Independent Inca Trail tour, 100% of the estimated total cost.
+ In respect of Viva Small Group Tours, an amount equivalent to at least 25% of the estimated total cost.
+ If the booking is made inside of 95 days, then full payment is required.
(hereafter referred to as the “minimum deposits”.)
We may at our discretion give notice to you of any variation to the minimum deposits at any time before you pay the minimum deposit.
Our receipt of payment of a deposit does not, by itself, constitute acceptance of a booking. A booking will be deemed to have been accepted once we confirm acceptance in writing by issuing a written booking confirmation (see above ‘Booking’ section).
Please note that we may not hold any services for you until we receive payment of your deposit and confirm your booking, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
The balance of the tour price, being the total estimated tour price less any deposits paid, must be paid as follows:
+ For bookings that include Antarctica Expeditions, Galapagos Cruises, other Cruises and some other select products as notified including certain lodge programmes (Specialised Products), at least 125 days prior to commencement of your first travel arrangement; and
+ For all other travel arrangements, at least 95 days prior to commencement of your first arrangement.
Please note that some operators of Specialised Products only require payment of the balance 95 days prior to commencement of arrangements. If this is relevant to your booking, we may notify you that we only require payment 95 days prior to commencement.
If balance of the tour price is not paid in accordance with the above, then (subject to the below) we reserve the right to treat your booking as having been cancelled by you. In this event, you agree that you will not be entitled to a refund of any deposit paid, which will be retained by us to compensate us for time spent and work done.
If balance of the tour price is not paid in accordance with the above and the company (at its discretion) determines not to treat your booking as cancelled and you wish to continue your booking, then you agree to pay us any additional charges, fees or expenses that we incur or will incur as a result of your failure to make payment on time
Credit card administration fee
The client acknowledges that payment by the client by credit card will attract an administration fee and which the client agrees to pay to the company. Currently, the administration fee is 2% for any amount debited by Visa or Mastercard. American Express cards are not accepted. The administration fee will be debited to the client’s credit card at the time of payment.
AMENDMENTS BY THE CLIENT
In the event that the client wishes to vary his or her booking, the request for a variation must be made in writing.
The company will use reasonable endeavours to try and satisfy the request for variation and will advise the client if it can be satisfied.
If the request for variation can be satisfied:
+ The company will advise the client of any variation in the tour price; and
+ The client agrees to pay to the company an administration fee of $250 (plus GST if applicable) in respect of each variation requested, payable within 14 days of confirmation of the variation.
If, despite the reasonable endeavours of the company, the request for variation cannot be satisfied, then it is agreed that the booking sought to be varied shall remain in existence (if the client seeks to cancel the booking, the cancellation provisions set out herein will apply).
CANCELLATION BY THE CLIENT
In the event that the client wishes to cancel a booked tour, then he or she must provide a written notice of cancellation (“the cancellation notice”) to the company.
The cancellation notice must be:
+ Delivered to an office of the company; or
+ Sent by e-mail to the company’s e-mail address existing as at the date of the cancellation notice.
In the event that the cancellation notice is received by the company more than 95 days before the client’s departure date (or 125 days before the client's departure date for any Antarctica cruises operated by Quark Expeditions or Antarctica XXl), then the company shall refund to the client all monies paid less any deposit as set out above and which deposit the company shall be entitled to retain as compensation for the work done and time spent by it.
In the event that the cancellation notice is received by the company 95 days or less before the departure date (or 125 days or less before the departure date for any Antarctica cruises operated by Quark Expeditions or Antarctica XXl), then the company shall not be obliged to make any refund to the client. In this respect, the client acknowledges that, in addition to the work done and time spent by it, the company will have paid monies to tour suppliers and it may not be possible for the company to obtain a refund from these suppliers where the cancellation notice is received within that period. Notwithstanding that, the company shall, if practical, and at its sole discretion, make such refund as circumstances reasonably permit.
In the event that the cancellation notice is received in respect of the Independent Inca Trail tour, the client shall not be entitled to any refund irrespective of when the cancellation notice is received.
You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
The company strongly recommends that the client take out and maintain a policy of insurance to cover cancellation of any tours.
ILLNESS PREVENTING TOUR COMMENCEMENT OR CONTINUATION
If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19):
+ an airline or other common carrier refuses you carriage;
+ a hotel or vessel refuses to accommodate you; or
+ we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
+ if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
+ if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
AMENDMENTS BY US
Prior to travel
Occasionally, we (or the suppliers of your travel arrangements) may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our (and our suppliers’) right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.
CANCELLATIONS BY US
Force Majeure - Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock-out, epidemic, pandemic, failure or delays of scheduled transportation, or any law, order, decree, rule or regulation of any government authority (including quarantine requirements or government travel advisories), or for any other reason beyond our reasonable control (Force Majeure), we may elect to:
- + reschedule your travel arrangements, in which case we will issue you with a credit equal to amounts paid; or
- + cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
Please note that any credit issued will be subject to the terms and conditions as imposed by the suppliers of your travel arrangements.
Force Majeure - During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your travel arrangements for reasons beyond Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal or better quality if appropriate.
We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
FLEXIBILITY & UNUSED SERVICES
The company shall not be liable to refund to the client any monies paid by the client for a tour, part of a tour or for services not used by the client.
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the company. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the company (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the company, including your removal from a Tour because of your negligence or breach of these Terms.
CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
You are required prior to or at the time of booking, to take out, and maintain for the duration of your travel arrangements, insurance that will indemnity (i.e., totally cover) you for at least the following:
- +$500,000 medical expenses; and
- +$500,000 repatriation expenses.
We reserve the right at any time to request you to provide a copy of a policy or certificate of insurance to show that you have taken out insurance as required in accordance with the above.
If you fail to produce a copy of the policy or certificate within 48 hours after we request it, then we reserve the right to cancel your booking. In this event, you agree that you will not be entitled to a refund of any deposit paid, which will be retained by us to compensate us for time spent and work done.
You acknowledge that any request for evidence of such insurance is an important request in relation to our business and necessary to protect our legitimate business interests.
Clients travelling on a Viva Expeditions Small Group Tour must provide this their insurance details with a copy of their policy including emergency contact number and policy number to their tour leader on day 1 of the expedition. Failure to do so may result in clients not being able to join the trip.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.
PASSPORTS, VISAS & VACCINATIONS
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If no assessment is provided or if the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. We will provide you with a full of refund of payments made.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.
ACCEPTANCE OF RISK
The client acknowledges that the tours offered by the company may be considered to be, in full or in part, adventurous. That consideration is one taken into account by the client in making the booking. The tours may involve personal risk, such risks to include illness, injury, disease, loss or damage to property, discomfort and inconvenience. The client, in making the booking, accepts such risks and agrees that he or she has made the booking upon the condition that he or she travels at his or her own risk. The client warrants that he or she shall not make any claim against the company for injury or loss, howsoever caused, arising out of the acceptance of such risk.
It is the responsibility of the client to be informed about any travel advisories or warnings issued by any Government Department. If a travel advisory or warning is issued by a Government Department in relation to a destination to which the client has booked to go, then the client may, at his or her discretion, cancel the booking (and in which case the cancellation provisions herein referred to will apply) or proceeding with it. If the client decides to proceed with the booking, then the client acknowledges and agrees that he or she has decided to do so at his or her own risk and will not make any claims against the company in respect thereof.
You acknowledge that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a tour for which you have booked.
You agree that we will not be responsible for any flight delays or loss of flight connections whether such loss is caused by you, us, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst we will use best endeavours to continue with the booked tour, we will not be liable to compensate you for any lost part of your itinerary and we will not be liable to pay for any additional costs you may incur.
We strongly recommends that your policy of Travel insurance has coverage for flight cancellations and delays.
You acknowledge that it is your responsibility to check-in on time for your flight at any airport. We will not be responsible for any flights that are not taken due to your late arrival at any airport. It is also your responsibility to contact the relevant airlines to confirm flight details if relevant.
Services supplied by independent suppliers:
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.
Services we directly supply:
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do. We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure. While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
General liability limitation:
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in New Zealand. New Zealand Consumer Law in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Guarantees”).
These Booking Conditions do not exclude or limit the application of the Consumer Guarantees. Other than the Consumer Guarantees, we disclaim all guarantees. To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied
If there is a problem during your holiday, you must report it immediately or to the relevant airline, ground handler, cruise operator, hotelier or other supplier, to provide the company with the opportunity to properly address such complaint. The company assumes no liability for complaints that are not properly brought to the attention of the company and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the company within 28 days of the last day of travel of the booking in question.
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
The contract between the company and the client, including these terms and conditions, are subject to and are to be construed in accordance with the laws of New Zealand. In relation to any dispute between the parties, the company and the client agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
These terms and conditions may only be varied with the prior written consent of the company.
The terms and conditions set out herein supersede any previous understandings, arrangements or terms and conditions that may previously have existed between the company and the client.
The contract between the company and the client, including these terms and conditions, shall be binding upon the heirs and successors of the parties hereto.
The company will use its best endeavours to protect the client’s personal information. However, the client acknowledges that the company will, in order to provide the services or products in question, need to provide some or all of the client’s personal information to third parties, including overseas tour suppliers.
SCHEDULE OF OPTIONAL PROVISIONS
Rooms share on Viva Expeditions small group tours
We offer a matching service for solo travellers who are willing to share twin accommodation, saving on single supplements. Only travellers of the same sex will be matched. There are no guarantees that a match will be possible and we do not warrant the suitability or characteristics of any persons we match. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you.
If we are unable to find a match, single supplements will apply.
Authority on tour
At all times, the decision of the company’s tour leader or representative will be final on all matters of or pertaining to the tour. The client agrees to comply at all times with any decisions or directions of the company’s tour leader or representative as well as with the laws, customs requirements, foreign exchange requirements and drug regulations of all countries to be visited.
Should the client fail to comply with a decision or direction of the company’s tour leader or representative, unless same shall be manifestly unreasonable or unlawful, then the tour leader or representative may require the client to leave the tour and in which case the client agrees to do so. In that event, the client shall not be entitled to make any claim against the company and warrants that he or she will not do so.
Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affect by, or any additional costs incurred, as a result of cancellation.
For clients travelling on a Viva Expeditions Small Group Tour, the company sets its own minimum numbers based on logistics and guarantees to operate once the minimum number has been achieved. The minimum number of confirmed passengers required to guarantee a Viva Expeditions Small Group Tour is 6.
When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.
ALTERNATIVE DYNAMIC CANCELLATION FEE PROVISION
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:
+ any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines and ground operators);
+ where we or our related companies operate any of the services included in your travel arrangements (for example, accommodation, vessels or transportation), a reasonable amount attributable to such services which we reasonably determine we cannot resell;
+ a fee which is the greater of the deposit and 15% of the booking value to compensate us for work performed up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking); and
+ a fee which is the greater of $200 and 5% of the booking value to compensate us for processing the cancellation and any associated refund.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
You agree that these cancellation fees and charges are reasonable and required to protect our legitimate business interests.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.