The Terms and Conditions below form the basis of the contractual relationship between Viva Travel Action and its clients. It is extremely important that our clients understand and accept these Terms and Conditions. The receipt of your deposit and/or final payment will indicate that you have read these Terms and Conditions, and that you have accepted them.
When you make a booking with Viva Travel Action, you accept on behalf of your party the terms of these booking conditions. It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies within 24 hours of your booking. Viva Travel Action acts as an agent for airlines and wholesale travel companies and other suppliers providing services, including accommodation and transportation services, therefore, your contract will either be with us or with another supplier of travel services and this will depend on the type of arrangements you book. Where your contract(s) is with a supplier(s), the booking conditions of that supplier will apply to your booking and Viva Travel Action accepts no responsibility for any errors or omissions made by a supplier. If any travel service provider is unable to provide the services which you have purchased from them, your remedy shall lie against the provider and not Viva Travel Action.
Acceptance of these terms and conditions is a condition of booking and is your acknowledgement that you have read, understood and agreed to be bound by them.
All fares are subject to change until tickets have been paid in full and issued. Cheque payments are subject to clearance before tickets are issued. Please note, any confirmed booking is subject to your credit card approval for the transaction.
In an eventuality where your credit card is not approved, we will attempt to contact you but hold no responsibility for any subsequent non provision of services in the event we are unable to establish contact with you. Applicable airline surcharges apply for credit card purchases.
Tour packages and activities
Prices are per person land only based, and generally on low season travel, unless otherwise stated.
Quotations and prices
Quoted prices are based on reservations and routing as per your request and subject to availability, however the fares are calculated as per the seasonality and fare conditions. All prices are quoted in Australian dollars, inclusive of taxes as at the date of publication but may not include any fess for optional items which are payable directly to third parties. Prices quoted are subject to change due to an increase in the cost of the product or service without notice or without any indication. Such factors include (but not limited to) adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your travel consultant for up-to-date prices.
All pricing is clearly identified by currency prefix. Where exchange rate fluctuations occur or any other increases in the price of services provided which are beyond the control of Viva Travel Action, then Viva Travel Action reserves the right to adjust package prices accordingly, up to and including the day of departure of your itinerary, even though the balance of payment may have been made. Acceptance of this arrangement is a condition of booking.
Cancellations & Refunds
We would deeply regret your decision to cancel your reservation or booking, however we realize that there are always reasons that this can happen. When you decide to cancel your reservation or booking, you must send written notice of cancellation by email to us. Cancellations fees apply, which can be up to 100 per cent of the cost of the booking, regardless of whether travel has commenced. Supplier fees apply where amendments are made to a booking and when tickets or documents are re-issued. Where Viva Travel Action incur any liability for a supplier cancellation fee for any booking which you change or cancel, your agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, Viva Travel Action will not provide a refund to you until we receive the funds from that supplier. If ticket is refundable, refunds are subject to carrier regulations and conditions. Applicable refunds may take a minimum of 8-12 weeks for funds to be credited, however, this may be longer depending on the airline/supplier.
Please note: applicable deposits are non-refundable/non-transferable. Your fare may be non-refundable/non-changeable. If unsure, please check with your consultant.
Passports and Visas
It is your responsibility to fulfil the passport, visa and other immigration and legal requirements applicable to your itinerary. You need a valid passport for all international travel. Your passport must be valid for at least 6 months beyond your expected period of travel. The name provided by you for your travel tickets must be the same as that in your passport.
Visas are obtained from the issuing authority in Australia and you should confirm these with the relevant High Commissions, embassies and/or consulates. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. Either airline staff or immigration authorities may not allow you to pass through customs and board your flight without the appropriate visa and some countries will not allow you to enter without proof of a return or onward electronic or paper ticket. Airline check in staff at your point of origin may deny boarding you. If you proceed to book a one way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations. We do not accept any responsibility in the case you being unable to travel due to not complying with such requirements.
If you are in any doubt as to the visa requirements for your destination you may refer to an online external visa advisory service, Toll visa direct at cibtvisas.com.au/vivatravel. (We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it). By agreeing to the sale, Viva Travel Action assumes that you will make arrangements for all required travel documents.
To ensure the smooth operation of the tour, a good health is very important. The client is solely responsible for checking the safety and security conditions, vaccination, and other health requirements of governments in countries visited or transited. Please consult with your physician regarding to your wellness and ability to travel long distance. Any physician or mental disability which requires special treatment or attention must be noted at the time of reservation.
Viva Travel Action reserves the right to exclude clients who are physically or mentally unfit to undertake long trips. Travellers planning to go on any extreme tours/adventure packages are required to provide a doctor’s certificate stating that the he/she is fit enough to travel and his/her blood pressure and heart condition are normal. This is a necessary requirement because of the possible effects that the very high altitude may have on certain people.
Vaccinations may be required for some or all of the places you are intending to visit.
It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
Items that are restricted from flying are considered to be dangerous goods that could harm the safety of an aircraft and/or its passengers. These items are generally determined by the authorities & are governed accordingly. Some examples of dangerous goods include, but not limited to, flammable liquids, organic peroxides, lithium batteries and explosives. These items are restricted from both carry on and check-in luggage.
Carry-on baggage restrictions are also in place for liquids, aerosols and gels on international flights. While these items can be brought into the cabin, they cannot exceed 100 millilitres and must be packed in a resealable 1 litre or less, clear plastic bag. Exemptions may apply to medicines and baby products. If in doubt, always check with your airline before you leave for the airport so the goods are not confiscated on day of travel.
For any unforseen world events or airline crisis that may occur where the airline or supplier states a full refund, unfortunately, our agency fees still apply to these.
Viva Travel Action cannot accept liability or responsibility for any airline or supplier bankruptcy or insolvency and the failure to provide any services which may follow.
Compensation will not apply if a significant change is made for reasons beyond our control. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances amounting to force majeure and/or Acts of God. For this reason, travel insurance is strongly recommended.
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Viva Travel Action shall provide a comprehensive service with regards to the said leisure and business trips. Viva Travel Action shall in particular provide: accommodation according to promised standard, board, program, guide, transport and other services specified in the obligatory purchase/booking order, subject to availability of such services at time of purchase/booking order and subsequent confirmation of such service to the client by Viva Travel Action.
To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010(Cth).
As a tour operator, Viva Travel Action is involved in booking hotel and air/train/cruise transportation for you. Viva Travel Action will try its best to coordinate with the airline, cruise line or the hotel to ensure that everything goes on smoothly. But as Viva Travel Action does not act as an agent for these service suppliers, it shall not be responsible for any wrongful or negligent acts, omissions, or the failure of any equipment operated by any suppliers or any other party not directly owned or controlled by Viva Travel Action.
In the case of non-provided service (non-effectuated transfer, non-effectuated city tour) due to the negligence of Viva Travel Action, Viva Travel Action is obligated to compensate the service to the client. Viva Travel Action shall however not be held responsible for any damage in clients’ perception whatsoever arising from any alteration or cancellation.
In case of changes/alterations from the customer: all changes including routes, itineraries, arrival date, the number of people traveling and other arrangements of confirmed tour, shall be advised to Viva Travel Action in time. Viva Travel Action will not be held responsible for any delayed notice and penalty will be requested if there is loss resulted.
In case of cancellation, the customer shall inform Viva Travel Action in time to avoid any losses. Otherwise the cancellation penalty will be required as stipulated above.
Viva Travel Action reserve the right to adjust its tour rate in the event of the expected currency devaluation and cost increases, including the increase in the airfare, cruise fare, hotel rate, entrance fees or fuel surcharge. But if Viva Travel Action has received the full payment already, it will take all losses and not charge you more for the cost increase.
For the smooth operation of the tour, Viva Travel Action reserves the right to accept or reject any person as a tour participant, to expel any tour participant from the tour, to make changes in the itinerary or to cancel a tour at any time whenever it turns out to be necessary. Viva Travel Action will refund any unused portion to the customer.
Viva Travel Action will not be held responsible for any loss resulted from the factors uncontrolled by human beings, for example, climatic conditions, acts of government or other authorities, wars whether or not declared, civil disturbances, strikes, riots, terrorist activities.
The customer will take all risks or losses arising from any unauthorized extra services beyond our confirmed itinerary that the client requires with the local agent, local guide or the driver. But Viva Travel Action will try its best to help the customer get out of the difficulties including chase compensation if any damages or losses occur.
Viva Travel Action is not responsible for a client’s failure to comply with customs regulations or the suspension of the tour for any fault of the customer.
The tour always includes some activities which require care attention. All activities are undertaken at your own risk. Viva Travel Action, its guides, and local agents cannot be responsible for any action or event that occurs after its said employees and agents have exercised their duty and taken the necessary care. Viva Travel Action is not responsible for the lost of any customer’s personal property due to his or her negligence.
Viva Travel Action reserves the right to take photographic or film records of any of its trips, and to use any such photographic or film records for promotional and/or commercial purposes.
Viva Travel Action reserves the right to modify or rescind the above terms and conditions in whole, or in part at any time with or without notice.