Terms and Conditions

 

Last Updated November 12th, 2019

Terms and Conditions (the “Terms”) apply to any travel products and/or services that you have received or acquired from VIVA TRVL LLC (“VIVA”). These terms and conditions are a binding contract between you and VIVA regarding any product or service rendered by VIVA (hereinafter, the “Products”). By booking any of our products, you acknowledge that you have read and clearly understood the Terms and Conditions and agree to be bound by the conditions detailed in this binding contract. The Terms include not only the main person completing the booking (“Client”). The Client also includes any additional travelers or individuals as part of the travel group or party as indicated in the booking details. Payment to VIVA constitutes acceptance of the terms and conditions set out herein.

Booking

The booking is confirmed when (i) the Client makes payment for the Deposit or Payment-in-Full for the product, (ii) the payment and booking is accepted by VIVA and (iii) written confirmation is issued from VIVA to the Client, usually in the form of an email confirmation. The Client confirming the booking must be 21 years of age or older at time of booking. The Client agrees to provide full, complete and accurate information as requested by VIVA to confirm such booking. This will include personal sensitive information such as first and last name, passport information, and date of birth, among others. The Client is also responsible for providing accurate and correct personal information for any additional travelers in the booking. The Client acknowledges also that he/she has obtained all necessary consents and permissions to share such information with VIVA for the purposes of completing the booking. The Client accepts that he/she will share and inform these Terms with any additional travelers or individuals in the same booking.

Payments

  • Deposit. A Deposit of $400 per person is required at time of booking. If making a booking with 61 or more days prior to departure date, the Client can complete a booking by paying the Deposit only. The Deposit is non-refundable, non-transferable at any given time from the moment of booking, under any circumstances. The only exception where a refund is permissible is in the case that VIVA cancels the trip or there are severe price adjustments as detailed below in Price Adjustment section

  • Full Payment: Full payment for all travelers is due at time of booking if the booking is completed within 60 days of the trip start date as indicated in the itinerary. Payment must be received in full minus any deposits made. VIVA has the right to cancel the booking without notice if payment has not been made in full within 60 days from the trip start date. The deposit will be retained if no full payment is received as outlined above. If, for any trip, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice. The applicable payment terms will be included with each specific product where applicable.

 

 

Arriving and Departing Cities

The Client understands and acknowledges that the arrival and departing cities for the standard and special products are different cities located in distant geographical areas. Per the standard trip itinerary, the arrival city is Tegucigalpa, with airport code TGU. The departing city is Roatán with airport code RTB.

Unless specifically communicated otherwise in the product itinerary at time of booking, the Client understands and acknowledges that a multi-city international airfare will be needed to arrive to Tegucigalpa and depart from Roatán.

In the event that the Client purchased an international round trip ticket to Tegucigalpa or Roatán, it is the Client’s responsibility to make arrangements to meet the group at the designated location indicated in the itinerary. VIVA is not responsible for any additional accommodations, transportation, costs, or special arrangements that results for not booking the appropriate inbound/arrival and outbound/departure cities and airports.

Changes by the Client

  • No changes are allowed to any booking once the booking is confirmed. This includes but it is not limited to the names of travelers, number of travelers, dates of the trip selected or any other detail regarding the booking. If a change is requested by the Client, the Cancellations by the Client policy will apply as described below.

  • For modifications to the trip such as extensions, early arrivals, or early departures, it is the Client’s responsibility to make his or her own arrangements. VIVA will not be responsible nor under any obligation to coordinate arrangements for extensions, early departures, early arrivals that deviate from the product itinerary schedule. The Client is responsible for ensuring on-time arrival to the start location as indicated in the itinerary.

  • The Client has the right or option to not participate in the pre-planned or included activities as outlined in the itinerary. In the case the Client decides to skip an activity, no refunds or price adjustments will be made. VIVA will provide suggestions or recommendations on alternative activities, but will not coordinate these activities as they are not included in the product. It is the Client’s own responsibility to coordinate any alternative activities. It is the Client’s responsibility to ensure that any adjustments or changes do not interfere with the daily schedule and planned activities as outlined in the itinerary. VIVA reserves the right to expel a Client that is causing disruption to the execution of the product or trip. In this case, no refunds or price adjustments will be provided.

Cancellations by the Client

  • Deposit. The Deposit is non-refundable, non-transferable at any given time from the moment of booking, under any circumstances. Only exception is in the case that VIVA cancels the trip or there are severe price adjustments as detailed below in Price Adjustment section

  • If the Client cancels 61 or more days prior to the start of the trip, we will only retain the Deposit of $400 per person.

  • If the Client cancels 30 - 60 days prior to the start of the trip, the cancellation fee is equal to 50% of the total price for the trip at time of booking or the Deposit amount whichever one is greater.

  • If the Client cancels 0 – 29 days prior to the start of the trip, the cancellation fee is equal to 100% of the total price for the trip at time of booking.

Cancellation by VIVA

Although we strive to maintain 100% schedule attainment and avoid any disruptions to the bookings or products, there might be instances or reasons of “Force Majeure”. These reasons are unusual or unforeseen circumstances outside of the reasonable control of VIVA. VIVA will provide the following options to the Client as listed below provided that the Client has not incurred in negligence or fault.  

(i) Provide a full refund for the monies provided (Deposit or Full Payment) at time of booking.

(ii) Provide option to re-schedule the same itinerary to a future date for the same price. In some cases, future itineraries might have adjustments in schedule, activities or destinations. The Client will have the right to review the itinerary and accept or decline this offer. If the price is higher than the original itinerary, then the Client is responsible for paying for the price difference.

VIVA is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the changes or cancellations of the bookings, trips, or products.

Changes to the Itinerary

Although we strive to maintain our travel itineraries as unchanged as possible during the trip, there are multiple situations that are outside of the control of VIVA. These situations can include but are not limited to political and/or social unrest, natural disasters, flight cancellations, strikes, increase in crime, among others. VIVA has the right to change the itinerary, hotels, transportation methods, locations, routes, and any other aspect of the itinerary or trip to ensure the safety and well-being of its Clients. VIVA is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the changes or cancellations of the bookings, trips, or products.

Price Adjustment

There could be instances when the tour or product price must be adjusted given unforeseen, unknown, and uncontrollable reasons that occur after the time of booking of the tour or product. In these cases, VIVA will issue an invoice for the adjustment of pricing to the Client. If the adjustment is greater than 5%, the Client has the right to cancel the trip or product and receive a full refund for the monies paid, including the deposit. The Client also has the right to keep the booking and pay for the price adjustment. In case of computer or human billing error, VIVA reserves the right to re-invoice with the correct price. VIVA is not responsible for errors on any form or fashion of marketing or information on this Site, via email, or any other physical or electronic means.  

Safety, Security, and Medical Conditions and Requirements

Given the nature, landscape, geography, and conditions of the places, locations, and settings to be visited, we strongly encourage all travelers to assess their physical, emotional, and mental condition, including but not limited to injuries, traumas, previous medical conditions, pregnancy, and any other physical or mental conditions. The Client is responsible for consulting with their doctors regarding their condition and suitability to join the trips. It is fully understood by the Client that there are inherent risks while traveling to developing countries where the conditions, infrastructure, and services will not be in most cases the same standard of those facilities and infrastructure in their home countries. VIVA is not responsible for any injuries, accidents, or health conditions that arise during the trip.

Medical facilities in some of the locations to be visited may not be the same standards as in your home country. VIVA cannot ensure the standards of these facilities and will not be responsible for the treatment or services rendered if needed. VIVA cannot determine your physical, mental, or emotional fitness to travel, nor guarantee your ability to successfully manage a tour. If in doubt, please consult your doctor. Persons needing individual assistance for walking, dining, or other personal needs must be accompanied by an able companion and must notify VIVA in writing at the time of booking. Certain features and tours, including international destinations, are not wheelchair accessible. If you use a wheelchair, please advise VIVA at the time of booking.

The Client understands and acknowledges that traveling in developing countries such as Honduras, has inherent risks related to security or safety. These risks, although rare and usually not targeted at tourists, are unknown, unforeseen, and out of the control of VIVA and its vendors and suppliers. Some of these risks include but are not limited to robbery, pick pocketing, vandalism, abuse, physical damage or injury, kidnapping, death, among others. VIVA is not responsible for any physical, mental, emotional, or property damage or loss that the Client may have experienced during the duration, before, or after the trip as a result from any of the risks or situations listed above. The Client accepts this responsibility.

VIVA is not responsible for any incidental expenses, consequential losses, damage, property loss or any other loss that the Client may have incurred as a result of any of these and other security or safety related incidents.

For vaccines information or recommendations prior to travel to Honduras please visit your country’s Health Department office. For US citizens, please refer to Center for Disease Control and Prevention (CDC) at www.cdc.gov for related information.

Meals

Meals are shown in the itinerary and denoted by B (breakfast), L (lunch) and D (dinner). All food and meals vary from American, International and Local cuisine depending on the location and hotel. Most meals are included as described in the itinerary. Soft drinks and alcoholic beverages are not included. Bottled water is provided on the vans/private buses. Vegetarian options are available. Special meal requests such as gluten free or vegan are not guaranteed and not included.

Rooms

Most packages or products will include 2 queen size (some cases full size) beds. For single packages, rooms will include 1 or 2 beds. For double packages, rooms will include 1 or 2 beds. The Client must specify any requests for 2 beds in a double package. Triple and Quadruple (Quad) rooms will always have two beds; a roll-away is occasionally available, but not guaranteed. All rooms have private bath or shower with air conditioner. All rooms are non-smoking rooms.

Transportation

Tour prices do not include international airfare to-and-from the home location to the destination. The tours include all ground transportation as outlined in the itinerary. The ground transportation will be by modern van/mini-van/motor coach equipped with seat belts and AC. The size of the ground transportation will vary depending on the group size. All transportation will be smoke-free. Smoking is not allowed. Seats are rotated daily. A one-way air fare ticket in economy seat from San Pedro Sula to Roatan is included as part of the tour price.

Children

No children under the age of 16 are allowed. Children older than 16 years are allowed with a parent or guardian. It is the parent or guardian’s responsibility to ensure that the children are maintaining a good behavior and environment during the duration of the trip. The tour manager can eject any children and their parents or guardians if they are disrupting the environment of the trip. No refunds will be rendered.

Transportation Documents and Passports

All foreign citizens and residents need a valid passport to enter Honduras with a minimum 6-month validity. The same requirement applies to citizens from USA, Canada, and Mexico. No visa requirement exists for US citizens or Permanent residents while visiting Honduras for stays of up to 90 days. For the latest requirements visit your countries office of consular affairs website. (For USA, visit travel.state.gov)

Luggage

Only one piece of luggage, weighing up to 50 pounds, may be brought per person plus one personal item such as a backpack, handbag, or purse. VIVA is not responsible for loss of, or damage to, your belongings and strongly recommends not traveling with expensive jewelry or other valuables.

Tips

In general, tips to the tour manager(s), tour guides, maids, and bellhops are not included. Tips to restaurant waiters for included meals and tips for guides in the included activities are included in the price of the trip.

Not Included

  • Prices do not include international air fare travel to-and-from home country to destination

  • Country entry or departure fees, airport fees, visas,

  • Phone charges, valet, all items of personal nature

  • Alcoholic beverage, and food and beverages not included in the itinerary.

Welcome Package

VIVA will send you a welcome package within 2 weeks after full payment of the trip price. The welcome package will include packing and travel tips, your booking written confirmation, a small souvenir, a day-by-day itinerary, a hotel address list, and a contact list. Upon arrival VIVA will provide luggage identification tags.

Responsibility

VIVA does not own or operate any entity which provides goods or services for your trip, whether or not they utilize the VIVA name. VIVA is not responsible for any negligent, willful act or failure to act of any such person or entity, nor for any act or inaction of any other third party not under its direct control. Without limitation, VIVA is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, emotional or mental distress or trauma, inconvenience or irregularity of any kind by any act or omission beyond its control, including, without limitation, any willful or negligent act or failure to act or breach of contract of any third party such as a travel agent or agency, airline, motor coach operator, train, boat or other provider of transportation, hotel or other lodging institution, local ground handler and/or restaurant or entertainment venue who or which is to or does supply any goods or services for this trip.

Client Behavior

VIVA reserves the right to decline to accept or retain any person as a member of a tour at any time if, in its opinion, any such person represents a danger to him or herself or others or detracts from the enjoyment of the tour.

Binding Arbitration

Any dispute concerning, relating, or referring to this Agreement, the website, brochure or any other literature concerning your trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sect 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Michigan law and will take place in Lansing, MI. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforce-ability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. You waive all rights to a trial by jury.

Website Content

You should assume that all Content on the Site is owned by VIVA. This includes any kind of intellectual property, material, and information, tangible and intangible such as images, pictures, visuals, logos, and art. These cannot be used except as provided in these Terms or in text on the Site, without the prior written permission of VIVA. Content displayed on the Site are either the property of, or used with permission by, VIVA.

Use of Site

Our Service may contain links to third-party web sites or services that are not owned or controlled by VIVA. VIVA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that VIVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. You may not use or download Content for any other commercial purpose without VIVA prior written permission. You may use or download Content for promotion of VIVA tours and/or for personal use.

Contact Us

Please contact us if you have any questions about these Terms and Conditions.