Fair & Transparent Rules

One of the most important things is that you understand your choice. To make it as easy as possible, we have put the most important information directly in the flight details. Here you can find the cancellation policy, terms for changes and the luggage allowance.

Please read this information carefully and respect your own choice. If the conditions say, that a change is possible for a fee, it is possible. If the fare rules do not allow changes, they are simply not allowed.

If you find anything unclear, please contact us before booking via our support system. In that way, you have a legal binding reply from us.

Thanks for your trust and booking with air viva!

Your Obligations

  • With your booking you accept the terms of the selected fare
  • You accept re-booking and cancellation rules
  • You accept luggage limits
  • Bookings with missing or disputed payments are not supported.

Our Obligations

  • To assist you with any changes or cancellations according to the fare rules
  • Respond to your questions as fast as possible
  • Help you in communications with the airline
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General Terms and Conditions for Booking

 

The Services offered by air viva (as defined below) can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. Customers undertake to fulfil the obligations contained within these terms and conditions. The agreement between Customers and air viva comes into force as soon as air viva provides written confirmation of a booking to Customers by email.

Customers should save and/or print a copy of these terms and conditions for future reference when making a booking.

Definitions and scope

The following definitions have the same meaning whether they are singular or plural.

‘Customer’ means a customer who reserves and/or books one or more Services offered on the Website.

‘air viva’ means air viva limited.

‘air viva, limited’ means air viva limited, whose registered office is at Oliaji Trade Center, 1st floor, Victoria, Mahe, The Seychelles.

‘General Terms and Conditions’ means these general terms and conditions for booking and use, as amended from time to time.

‘Rules and Restrictions’ means the terms and conditions applicable to the Suppliers with whom the Customer has concluded a separate contract (such as airlines’ Conditions of Carriage).

‘Service’ means a service offered on the Website, such as the booking of transport services, accommodation services, car hire services, Destination Services, insurance and Flight-Plus bookings and package holidays.

‘Supplier’ means a supplier of Services, such as an airline, hotel, tour operator, car hire company, insurance provider or Destination Service supplier.

‘Website’ means the www.air-viva.com website.

Scope

These General Terms and Conditions apply to offering and providing of the Services by air viva limited. air viva limited operates the Website which acts as an interface between the Customer and the various Suppliers offering the Services.

These General Terms and Conditions are subject to the Suppliers’ Rules and Restrictions which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is the Customer’s responsibility to familiarise himself/herself with the Suppliers’ Rules and Restrictions. The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking and the specific terms of the relevant Supplier.

The General Terms and Conditions can be changed by air viva limited at any time without prior notice, although such changes will not apply to bookings that have already been accepted by air viva limited on behalf of the Supplier(s) concerned. It is therefore essential that the Customer reads, saves and/or prints a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.

Booking via the Website

The Customer’s legal authority

The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Suppliers. The Customer must be at least 18 years old, be legally authorised to enter into contractual obligations, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions and the Website Terms of Use.

The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.

 

Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing the Customer access to the Services offered by air viva and the Suppliers or to the other functionalities of the Website.

Confirming

Confirmation of a booking, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Customer by e-mail. If the Customer does not receive a confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services through the support form on www.air-viva.com.

It is expressly agreed that the data stored in the information systems of air viva limited and / or its Suppliers shall constitute proof with respect to the bookings made by the Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.

Cancellation

Cancellations can be made for flights through the support form on www.air-viva.com.

All such requests will be dealt with on behalf of the Suppliers concerned. The Customer does not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their Rules and Restrictions (which are provided to the Customer prior to booking)

In the event of cancellation or partial cancellation of a booking by the Customer, charges may be imposed by the applicable Suppliers. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect of each person on the booking..

A Fee may be imposed by the applicable Supplier in the event of a cancellation or change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.

If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the Rules and Restrictions of the applicable Suppliers as notified in the booking process.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Change of booking

If after making the booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should use the support form on www.air-viva.com A fee may be imposed by the applicable Supplier in the event of a change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.

Reimbursements

In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as air viva, a Supplier, or such other party as may appear on Customer’s credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note that refund of flight bookings may take up to 6 months.

Restricted Fares

Unless otherwise stated by the Customer, it is assumed that the Customer requires the least expensive Services. Such services (e.g. “economy class”) may be provided without any possibility of modification or cancellation. In such cases, the Services cannot be provided in a different manner or at a different time or place to those contracted.

Travel documents

The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Customer when making his / her reservation.

Specific Services

air viva limited operates the Website, which acts as an interface between the Customer and the Suppliers with respect to offering and supplying all Services.

The purpose of this Article is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer’s information. These details are not exhaustive and do not replace the Suppliers’ Rules and Restrictions. In the event of any conflict or inconsistency between the General Terms and Conditions and the Rules and Restrictions, the Rules and Restrictions will prevail. The Rules and Restrictions of Suppliers are made available prior to making a booking.

Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of air viva limited

Air Transport Services

Rules and Restrictions (including conditions of carriage, fare rules and restrictions) of the Supplier. The Rules and Restrictions may include restrictions on and/or charges for cancellation and changes apply. The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking.

If air viva receives payment on behalf of the Supplier from the Customer for a booking of air transport services, air viva acts as agent of the Supplier of the relevant air transport services. This means the Customer’s contract for the air transport services is between the customer and the Supplier of the relevant air transport services. The Rules and Restrictions of Suppliers of air transport services can be re-viewed when doing the booking.

Prices and fees are always billed in USD. The actual amount charged may slightly differ due to varying exchange rates applied by different card issuers. In addition, your statement may include a non-USD transaction fee charged by your card issuer to process the transaction. air viva is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.

Air transport terms and conditions

The Customer is responsible for complying with the instructions of the airline, in particular with respect to flight check-in times. In particular, the Customer acknowledges and agrees that:

air viva has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure.

air viva has no control over any indications of the hours spent flying which are provided by the Supplier of the relevant air transport and are given for guidance only and are subject to alteration and confirmation.

It is the Customer’s responsibility to confirm his / her return flight in accordance with the requirements of the Supplier of the relevant air transport.

If Customer books a return journey and does not use the outward flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use flight coupons in sequence.

In any case, the name of the airline, the flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outward and return flights in the trip. In accordance with a Supplier’s Rules and Restrictions, these flights, aircraft types and flight numbers can be subject to change, and can be moved by up to 24 hours, even after confirmation.

Additional charges may be imposed by some airlines for meals, luggage, preferred seat selection, etc. air viva is not responsible for such charges and information on charges shown on the Website are for information only and may be amended by airlines at any time.

The Customer must comply with all air transport Supplier’s Rules and Restrictions on the carriage of pregnant women.

The Customer must comply with the air transport Supplier’s Rules and Restrictions on the carriage of children and in particular that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Customers who do not comply with this will not be eligible for a refund of any seat charges incurred during travel. Children under 2 years will not be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 12 will only be carried in accordance with the air transport Supplier’s Rules and Restrictions.

 

The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking.

For further guidance on preparing for a flight please refer to air viva’s online Customer Support resources.

Combined one-way tickets

air viva limited may offer Customers the opportunity to book a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines.

Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.

Administrative and / or health regulations

International Travel: you are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. air viva has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. For medical advice regarding your journey, please contact your doctor.

Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board.

The name on the passport must match the name on the ticket, otherwise the Customer may not be able to travel and insurance may be invalid. If, after booking a holiday but before travelling, any member of the Customer’s party changes their name, e.g. as a result of getting married, Customer must notify Customer Services.

Please note: It can often take some time to obtain a visa, so Customers are advised to apply in plenty of time. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. air viva limited urges passengers to review any travel prohibitions, warnings, announcements and advisories issued by their countries Foreign Office Travel Advice Unit prior to booking travel to international destinations. I

BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, air viva DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.

All travellers wishing to enter or transit through the USA under the Visa Waiver Program (VWP) must apply for authorisation to travel using the Electronic System for Travel Authorisation (ESTA). Please allow sufficient time when making an ESTA application. It is recommended that such an application is made at least 72 hours before departure. For further information please visit the US Department of Homeland Security’s website at https://esta.cbp.dhs.gov

A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when a Customer checks in or in some circumstances when the Customer makes his/her booking. Accordingly, the Customer is advised to allow extra time to check in for his/her flight.

Special fares

The flight routes offered may include special fares which offer the best price, but do not necessarily take the most direct route. Some itineraries require a change of aircraft en-route. A flight that is described as direct is one where there is no need to change aircraft during the journey, however, stops may be made en-route for re-fuelling or to let passengers on and/or off. Details of any stops will be given during the booking process and are clearly identified both on the Website and on a Customer’s email confirmation.

Many, but not all, airlines provide special fares for children under 2 years and for pensioners. These discounts depend on the airline, the flight concerned, the availability of seats and the passenger’s age.

Airmiles and vouchers from loyalty Programs may not be used when booking flights through the Website.

If the Customer has benefited from a discount, the associated special fares will be shown during the booking process before he / she confirms the reservation.

Liability

The Customer is reminded that an airlines’ liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by the airline’s own Rules and Restrictions including their conditions of carriage.

Electronic ticket

An electronic ticket is a ticket with no physical form. When using this type of ticket, the Customer must go to the check-in desk of the airline concerned and show a valid travel document (passport, visa, identity card, etc.) in order to obtain his / her boarding card. The Customer must strictly observe the times for checking in.

No replacement passengers

Replacement passengers for flights may not be put forward.

Operating airlines

Customers are advised that in some cases flights booked with one airline may be operated by another airline – details of the operating airline, where different, are not necessarily indicated on the Website. The operating airline will charge the Customer for the flight and air viva will appear as the merchant on the Customer’s credit card or bank statement. Payment may also be charged by other Suppliers for the Services booked however the total amount charged will not exceed the total price of the Services.

Denied Boarding Compensation

If an airline cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Customer’s stop-over or destination point, or causes a Customer to miss a connecting flight on which a Customer holds a reservation, the Customer may be entitled to certain remedies from the airline. Air viva can not be hold responsible in such cases; claims need to be addressed directly to the airline.

Prices

The trip descriptions on the Website specify the Services included in the price for each trip.

The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.

Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the confirmation of reservation.

The prices shown on the Website and air viva Mobile Application can be changed at any time without prior notice. Such changes do not apply to reservations already accepted, unless the changes were made more than 30 days before the intended departure date as a result of fluctuations in transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates. Supplier will absorb – and the Customer will not be charged for – any increase equivalent to 2% of the price of the total travel arrangements, excluding insurance premiums. The Customer will be charged for the amount over and above this. If this means the Customer has to pay an increase of more than 10% of the price of the total travel arrangements, the Customer will have the option of accepting an alternative holiday if Supplier is able to offer one (if this is of equivalent or higher quality the Customer will not have to pay more but if it is of lower quality the difference in price will be refunded), or cancelling and receiving a full refund of monies paid.

If air viva limited and/or Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment or a charge back for the booking, the booking will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, without prejudice to any action that might be taken against him / her.

Financial conditions and payment procedures

Local taxes and Payments

Unless choosen by the customer otherwise, the prices of the Services shown on the Website are expressed in USD, excluding local taxes imposed by the authorities in some countries.

The price of Services booked on the Website or by telephone must be paid either to (i) air viva and/or (ii) directly to the Suppliers. Payment may be charged by more than one party (as will be shown on the Customer’s bank or credit card statement) however the total amount charged will not exceed the total price of the Services.

The Customer shall provide the details of his/her payment card and the Supplier or air viva limited will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card).

PayPal buyers protection

The customer acknowledges, that the e-tickets ordered on this website are intangible items in terms of the PayPal buyers protection guarantee.

air viva’s Liability

The Customer accepts that where air viva limited acts as an interface between the Customer and the Suppliers, air viva limited will under no circumstances be held liable with respect to Services the Customer has booked with one or more Suppliers. air viva limited is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.

The information displayed on this Website has been provided by the respective Suppliers, and air viva does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.

Disclaimer

Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that air viva will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer’s use of links from the Website. The exclusions and limitations contained in this clause apply only to the extent permitted by law.

Applicable Law

These General Terms and Conditions are governed by the laws of The Seychelles.

Final Provisions

If air viva limited does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.

If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.

Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.

These General Terms and Conditions come into force on 1st May 2014