Terms and Conditions

Preamble

By purchasing a ticket and/or partaking in any activity organised by Black Milk Enterprises Ltd (parent company of VIVA Tours, VIVA La Fiesta and Travel Bear UK) you implicitly agree to all the Terms and Conditions set out below:

1. Refund policy

1.1 Day Tours – No refunds are offered for Day Tours once purchased. However, you are free to sell-on your ticket to a third-party up until the day of departure. Whilst it may be courteous to inform us of the identity of the new ticketholder, you are not obliged to do so for Day Tours. A simple transfer of ticket, via the qr code, will suffice.

1.2 Overnight Tours – Our rooming policy on Overnight Tours is to allocate rooms strictly on gender. This means that whilst you may sell-on your ticket, you must inform us of the identity of the new ticketholder no less than 48hrs pre-departure. Tickets cannot be sold to someone of a different gender within 48hrs of departure. Failing this, if the gender of the new ticketholder is different from the original, they will not be allowed to room with the group, as per our arrangement, and will be solely responsible for finding and funding alternative accommodation.

2. Cancellation Policy

2.1 If a customer cancels a Tour:

No refunds will be offered. However, the customer is within their rights to sell-on their ticket at any time pre-departure except for Overnight Tours where they would have to inform us no later than 48hrs prior to the date of departure (see 1.2 above).

2.2 If VIVA Tours cancels the Tour:

A full refund will be due unless the customer takes up the offer of an alternative date or trip, where applicable. Effected refunds usually clear within 7-10 working days depending on the customer’s bank.

2.3 Delay in refund:

If your refund has not cleared after ten working days, please contact us immediately at info@wearevivatours.com. If you do not get a reply within 48hrs of your email please resend your email and/or contact us on our social media channels clearly displayed on our website. In the unlikely event you are still unable to reach us, please contact our payment processing partner at team@fixr.co.

2.4 Money Guarantee:

All our payments are processed via FIXR and Stripe, the world’s leading payment platform. If you are due a refund, you have further recourse to action by contacting FIXR directly in the unlikely event you are unable to contact us. FIXR will then contact us and have the option of pausing future payments should your refund remain outstanding.

2.5 Minimum Capacity for a Tour: 

VIVA Tours can only guarantee a tour will go ahead if it attains a threshold of 30 (thirty) participants. A 48hr warning will be emailed to all paid customers if we anticipate not hitting the threshold. You shall be notified of cancellation, no less than 24hrs before the Tour, and a full refund issued should the threshold still not be met.

3. Attendance

No refunds will be offered if you miss a Tour or fail to attend for any reason.

4. Lateness

• No refunds will be offered should you turn up late to the meet-up point on the day of departure. 

• You are advised to be at the meet-up point no later than 15mins prior to the stated time of departure.

• Should you be late to the meet-up point on the way home, you will be responsible for your own travel arrangements back home, at no cost to us.

5. Delays and Cancellations

Below are some of the circumstances that may lead to delays and/or cancellations: 

5.1 Weather: 

5.1.1 Our Tours are organised on the premise that they may be affected by high winds or rain. We would always recommend travelling with layered and/or rain-repellent clothing.

5.1.2 VIVA Tours does not accept responsibility for cancellations due to adverse weather unless said weather actively prevents the Tour – or a designated visit on the Tour – from going ahead.

5.1.3 In the event of a cancellation, you will be offered a refund and/or an alternative tour date in accordance with our Cancellation Policy.

5.2 Traffic & Road Conditions: 

5.2.1 VIVA Tours does not accept responsibility for delays or otherwise due to traffic and/or road conditions or other related circumstances beyond our control that fall within a 3hr window of departure of our scheduled Tour.

5.2.2 Should said delay extend beyond 3hrs of departure, the Tour will be cancelled and the vehicle and travelling party will make their way back to the point of departure.

5.2.3 Should said delay take place on the way back from a Tour – i.e. after all scheduled sites have been visited and/or experienced – no refunds or compensation shall be offered. Vehicle and travelling party shall return to base in the safest and most convenient way possible.

5.3 Vehicle Breakdown or Immobility: 

5.3.1 VIVA Tours does not accept responsibility for last minute cancellations, delays or other related circumstances due to vehicle breakdown or immobility. In the event of such, a refund or alternate Tour will be offered accordingly.

5.3.2 If this occurrence takes place en route to fulfilling our Tour obligations, the priority will be to repair and/or replace the vehicle in order to continue executing the Tour.

5.3.3 Should the Tour be executed, in full, neither refund nor compensation shall be offered.

5.3.4 If the breakdown and/or immobility occurs en route home, after the Tour has concluded, it will be our responsibility to ensure the vehicle is repaired and/or replaced and all travellers return home in the safest and most convenient way possible. Under these circumstances, no refund or compensation shall be offered.

5.3.5 Compensation may only be considered if the breakdown leads to full or partial abandonment of the Tour. If partially abandoned, we would reasonably determine how much to offer in refund.

5.4 Self-Travel:

5.4.1 Certain legs of some Tours (usually the first leg) may require the traveller to complete their own travel arrangement (usually by air). In this event, you will be given clear and concise instructions as to where and when you are expected to be at your destination.

5.4.2 VIVA Tours shall not be held responsible for any delays caused at the port of departure or landing. Such delay is likely to compromise the Tour without recourse to action.

6. Health and Safety

6.1 Medical Emergencies:

If you have any medical needs, it is solely your responsibility to inform us prior to booking. Once a ticket is purchased, a refund will not be offered, retrospectively, on medical grounds.

6.2 Attire:

We always recommend travelling with layered clothing and especially hiking boots and a raincoat for outdoor excursions. We also recommend hiking sticks for hiking tours and sunscreen, where appropriate.

6.3 First Aid:

Every vehicle is equipped with First Aid kit and a driver trained to use it. In the event of needing medical attention, please alert your Tour Leader at the earliest convenience.

6.4 Breakdown:

6.4.1 In the event of a breakdown, especially whilst on public road, you must remain on the vehicle and await further instructions from the Tour Leader.

6.4.2 If the breakdown involves a fire, gas leak or other hazard that renders being in the vehicle unsafe, your Tour Leader will instruct you to dismount, in an organised manner, and assemble in a safe area.

6.4.3 You must remain in said safe area and await further instructions. Whilst a solution is found, a roll call may be conducted at any time and we will not be responsible for your whereabouts if you stray beyond the point of assembly.

7. Food

VIVA Tours does not provide food on any of its Tours. You are solely responsible for your nutrition throughout the Tour. We recommend bringing with you a snack as well as some cash for food, if we are visiting a town or village.

8. Privacy

8.1 All information we receive from you including but not limited to; emails, phone numbers and addresses will be for the exclusive use of VIVA Tours and its partners.

8.2 Your details may only be shared with governmental and/or regulatory authorities, as necessary, and strictly under prescription by law.

8.3 We shall always ensure that communication with you is GDPR-compliant.

9. Photos & Videos

9.1 We endeavour to have a licensed, professional photographer and/or videographer on each tour. This content is the exclusive property of VIVA Tours and will be used by us for marketing purposes across all our media platforms.

9.2 If you object to your photo being used, please inform us as soon as you spot that it has been taken or uploaded. Our licensed content creator will usually be wearing VIVA Tours gear so you may also want to point out to them your reticence at having your photo taken whilst on tour.

9.4 By not objecting to these terms and conditions, in writing, you are consenting to the use of your image across social media platforms, promotional material and websites as necessary.

9.5 These photos may also be shared by third parties, such as partner Language schools and universities, in promoting their own activities.

10. Behaviour

10.1 All travellers must respect fellow travellers, tour leaders, guides and members of the public they come in contact with. If behaviour is deemed inappropriate, we reserve the right to deny you entry onto the coach or further participation on Tours and you will be solely responsible for making your way home if this occurs in Tours already underway.

10.2 Respectful behaviour is deemed inclusive of, but not limited to:

• Arriving for departure from every stop on time;
• Addressing any potential concerns on the Tour with the Tour Leader in a polite and courteous manner;
• Following instructions to the letter;
• Avoiding being inebriated or intoxicated during the Tour;
• Avoiding loud chewing or making loud noise on the coach;
• Avoiding any activity that makes, or would make, a fellow traveller uncomfortable.

11. Booking

11.1 All Tours must be booked through official channels which include:

• The VIVA Tours website: wearevivatours.com;
• Links on our official social media pages;
• Via our official partners; such as language schools, colleges or University societies.

11.2 Tickets are generally not sold on the day of travel. Should there be an exception, you will be informed of this in writing.

11.3 When booking more than one ticket, you must list the name of the other traveller(s) on the other ticket(s).

11.4 The age limit for Day Tour customers is 16 and for Overnight Tours is 18. Please do NOT make a booking for anyone underage without written consent from us.

12. Children

12.1 We occasionally allow children on our Tours but this must be requested at least 48hrs in advance.

12.2 Children (under-16) may travel only on Day Tours, with written permission, but never on Overnight Tours.

12.3 If the child is under 2 years old, a child seat is required and must be brought by the parent/guardian.

12.4 A child older than two may sit in their own seat on the coach with an adult seat belt.

12.5 Anyone under two must be accompanied by an adult and supervised at all times. We are not responsible for children and our focus would remain on the wider group.

12.6 We may be able to advise on what tours, within our calendar, may suit children. It is ultimately up to the parent(s)/guardian(s) to determine what tour(s) to book their children on with the proper notification as detailed above.

13. Special Needs

13.1 We are currently unable to offer special or modified vehicles to accommodate disabled or special needs passengers requiring a wheelchair or other such mobility assistance and/or special seating. Please discuss matters of this nature with us at least 48hrs prior to booking and we will make every effort to accommodate any other special needs accordingly.

13.2 We reserve the right to require persons who are unable to travel independently to be accompanied by a companion who is able to provide any necessary assistance and take full responsibility accordingly.

14. Animals/Pets

14.1 Animals and pets shall not be allowed on board with the exception of a registered and documented guide dog in accompaniment of a visually-impaired person, if such consideration is granted.

14.2 Full responsibility for such an animal remains with the accompanying person; including feeding, hygiene and general control.

15. Passenger Comfort

    For the comfort and safety of all passengers, the use of alcohol, tobacco and non-prescribed drug products is strictly prohibited on our vehicles at all times.

16. Insurance

16.1 VIVA Tours operates within UK law which mandates compulsory and statutory insurance against accidents and third party liability.

16.2 Passenger insurance against personal injury, item theft, loss, or any other such occurrence is not included and it is highly recommended you take out your own insurance in keeping with good, standard travel procedure.

17. Identification Documents

As is good practice (but not UK law) it is recommended you carry with you some form of personal identification. This should also include detailed medical information about yourself (if applicable).

18. Luggage

18.1 Passengers may bring with them, or accumulate, luggage that shall be of suitable size as to fit in the heavy-duty storage compartment, overhead storage racks and/or under the seat.

18.2 On Overnight Tours, baggage allowance, per passenger, may be limited. More detail on this will be forthcoming prior to departure.

18.3 All luggage mounted on board are the sole responsibility of the traveller and VIVA Tours will not accept liability for any loss, damage, breakage, theft, general handling or otherwise.

19. Overall Enjoyment

VIVA Tours does not accept responsibility for your overall enjoyment. Whilst every effort will be made to maximise your pleasure and experience, it is accepted that each individual’s preference and tastes are unique and it would be impossible to satisfy all of our customers all of the time. The literature of each Tour will clearly state what to expect and details of itineraries amongst other things. Thereafter, your personal satisfaction of said Tour is your personal prerogative. That said, we will endeavour to always deliver the best experience as we are fully aware that our very success is largely dependent on word of mouth and referrals.

20. Liability

20.1 In so far as our duties extend in providing a professional, safe and fit-for-purpose product VIVA Tours, its staff and its agents shall not be liable for any injury, loss, expense, damage, accident, delay, irregularity, stranded individual, personal negligence, weather, quarantines, sickness, disease, act of God, government restriction, legal regulation or otherwise which are adjudged to be out of our control.

20.2 It is clearly stated, understood and agreed that, to the fullest extent to which liability may be excluded or avoided, VIVA Tours will have no liability, whether in contract or otherwise, for any losses, costs or damages, and in no event will be liable for any direct, indirect, incidental, special, punitive, expectancy or consequential damages, even if they are foreseen or foreseeable, arising or resulting from, or related to, the services and products of VIVA Tours.

20.3 In the exceptional event where damages are warranted, the maximum liability payable by VIVA Tours shall not exceed the total fee collected for the provision of the goods and/or services provided minus any auxiliary charges such as booking fees.

21. Warranty

21.1 In the event that a trip is cancelled by VIVA Tours, the refund fee will be no more than what has been paid for the trip. For example, if the cost of the trip is £35 you shall receive a refund of £35 minus any auxiliary charges such as booking fees. We do not provide compensation of any kind e.g. compensation for a day off work or missed train, etc.

21.2 VIVA Tours provides its service strictly on an “as is” basis without warranties of any kind, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. Your UK statutory rights are unaffected by our terms of Warranty.

21.3 VIVA Tours is neither responsible for, nor provides representations on behalf of, warranties or guarantees with respect to, and will not be held liable in any way for any content, information, services or material on any third party supplier, including, without limitation, any third party recommended, named or utilised by VIVA Tours during a Tour.

21.4 It is clearly stated, understood and agreed that, to the fullest extent to which warranty may be excluded or avoided, the maximum warranty payable by VIVA Tours shall not exceed the fee collected for the provision of the goods and/or services provided.

22. Reserved Rights

22.1 The right is reserved to make operational changes at any time, whether to the route, itinerary or otherwise, with or without notice, which is considered necessary prior to departure.

Some examples include, but are not limited to;

• Visiting a different Castle on a Tour
• Visiting a different College at the Universities of Oxford or Cambridge
• Switching a stopover location.

22.2 The right is reserved to cancel a booking at any time, should conditions or circumstances necessitate, offering substitutes of equal value or a full refund without administration charge or penalty as detailed under our Cancellation Policy. If circumstances warrant such action a full and documented reason shall be provided.

22.3 The right is reserved to refuse entry to any traveller for any reason deemed necessary as per aforementioned terms, or otherwise, with subsequent action of a refund, or otherwise, to follow.

22.4 No compensation, consequential losses, additional travelling costs or other such claim shall be accepted were our terms deemed to have been violated for reasons including, but not be limited to:

– Violent, racist or verbal abuse

– Failure to comply with the laws of the United Kingdom

– Drunk and disorderly behaviour

– Misuse of un-prescribed drugs

– Refusal or failure to comply with health & safety issues

– Refusal or failure to provide suitable evidence of entitlement to partake in a Tour

– Refusal or failure to pay the correct fee for taking a Tour

– Any other behaviour deemed disruptive, dangerous or insulting to fellow travellers.

22.5 The right is reserved to make alterations or changes to these Terms & Conditions at any time, ensuring that customers with existing bookings receive the latest copy prior to taking their booking. Should the revised Terms & Conditions be unacceptable to a pre-booked customer, the booking may be cancelled without penalty or administration charge as detailed under our Cancellation Policy.

23. Personal injury

 If in the unlikely event a customer is injured during one of our Tours, VIVA Tours and its staff will not be liable for any of the costs associated with the circumstances.

24. Force Majeure

    24.1 Except where otherwise expressly stated in these conditions, we cannot, and will not, accept liability or pay compensation where the performance, prompt or otherwise, of our contractual obligation is prevented or affected by, or you otherwise suffer any damage or loss as a result of, force majeure. The same is true if any damage or loss is incurred in these conditions.

24.2 Force majeure refers to any event which we, or our sub-contractors, could not, despite all due care, foresee or avoid. Such events include, but are not limited to; a global pandemic, war, threat of war, riot, civil strife, terrorism, industrial disputes, natural disaster, adverse weather, fire, etc.

25. Complaints and Disputes

 25.1 Any disputes or complaints must be brought to the attention of VIVA Tours, in writing, no longer than seven (7) days after the completed Tour.

25.2 Once such complaint is lodged, we will take a minimum of twenty-one (21) working days to investigate and respond.

25.3 In the event of non-resolution, either party is free to pursue further resolution by mediation/arbitration failing which remedy through court action as last resort.

26. Jurisdiction

 VIVA Tours is a trading affiliate of Black Milk Enterprises Ltd (Company No.: 12136053) which operates under the jurisdiction of the Laws of England and Wales.