1.1 These Customer Terms and Conditions (the “Terms”) set out the terms on which we provide all our services to you (whether directly or indirectly) including without limitation the basis on which we organise, arrange and/or sell as agent any cruise to you.
1.2 By accessing, browsing, and using any website maintained by us including without limitation the website at www.vidacruises.com and our social networking pages (together the “Website”) or communicating with us either by telephone or email and/or by making a reservation for any package or non-package cruise sold by VIDA through the Website or otherwise (a “Booking”), you acknowledge and agree to be bound by these Terms.
1.3 VIDA may at any time modify these Terms including for the avoidance of doubt any fees set out herein. You will be deemed to have been notified of any changes to these Terms at the earlier of (i) VIDA emailing you (at the email address notified by you to us via the Website) or VIDA posting a notice on the Website.
1.4 By continuing to use the Website after changes to these Terms are made and have been notified to you, you agree to be bound by such changes. For the avoidance of doubt, any changes to these Terms shall not bind you in respect of any Booking made prior to the date you were notified of any changes to the Terms.
1.5 You can review the most current version of our Terms of Service at any time by clicking on the “Terms of Service” link located on the Website. The most current version displayed on that page will supersede all previous versions.
1.6 When you make a Booking involving two or more travel components such as a flight and a cruise, or a cruise and car hire your holiday arrangements may be a package (a “Package”) and may fall within the meaning given to such expression in The Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Regulations”). The Regulations require us to provide security for any monies paid by you in respect of a Package purchased by you and to repatriate you in the unlikely event of VIDA’s insolvency.
2.1 We operate the Website. We are VIDA Cruises Limited, a limited company incorporated in England with registered number 09256269 and registered address at c/o Buckworth Solicitors, 200 Aldersgate, St. Paul’s, London EC1A 4HD.
2.2 References to “VIDA”, “we” and “us” are references to VIDA Cruises Limited. References to “you” are to (i) the person accessing, downloading or using the Website, or (ii) the company or organisation on whose behalf such person accesses, downloads or uses the Website or (iii) the person making a Booking whether via the Website or via telephone.
3.1 The Website is an online platform through which you can search for, review and make a Booking in respect of Package and non-package cruise holidays (each a “Holiday”).
3.2 VIDA will act as an organiser and/or retailer (in each case as defined in the Regulations) when you make a Booking in respect of a Package. When you make a Booking via the Website or by telephone in respect of a Package you enter into a contract directly with VIDA. Please note that in certain circumstances (for example where you make amendments to or cancel your Package) our suppliers may levy charges. We reserve the right to pass such charges on to you.
3.3 In the event that there is a problem with any element of your Booking in respect of a Package which you have made via the Website or otherwise, VIDA will use all reasonable endeavours to resolve the problem as quickly as possible. This may include using all reasonable endeavours to provide you with (in our sole and absolute discretion) either an alternative equivalent or better element (at no extra cost to you) or a full refund for that element.
3.4 VIDA may act as an agent for third party suppliers (the “Suppliers”) providing cruise only holidays (the “Cruise Holiday”). When you make a Booking via the Website or by telephone in respect of a Cruise Holiday you enter into a contract directly with the Supplier of the Cruise Holiday. The Supplier will be disclosed to you at the time of your Booking. Where you enter into a contract with a Supplier you must ensure that you carefully read the Supplier’s terms and conditions as these will apply to your Booking in addition to these Terms.
3.5 VIDA does not accept any liability in the event that the Supplier becomes unable to perform any element of your Booking such circumstances will be governed by the Supplier’s terms and conditions.
3.6 You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each Booking is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
3.7 We may provide currency conversions on the Website for your convenience. All prices converted into a currency other than the currency of payment for the relevant Holiday are for guidance only and may be subject to variation between the date of making a Booking and the date of payment (if such dates are not the same). Please check the information on the relevant Holiday to discover what the applicable currency of payment for the offer is. We will not be responsible for any errors in relation to currency conversions.
3.8 When you make a Booking through the Website, you will be redirected to Worldpay to make payment for the Booking. Worldpay, your card issuer or the provider of any mechanism for payment you choose to pay for any Booking may impose charges. You are responsible for payment of these charges and to the extent that any sums in respect of such charges are deducted from the sums paid to us, we will require you to pay us an additional amount in respect of such charges.
3.9 In order to make a Booking you (and every other person making up the Booking) must be at least 18 years of age at the time of travel. If you want to travel with young persons under the age of 18, you must notify us of this prior to making any Booking. Some Holidays may only be available for adults. You must check the details of each Holiday before making a Booking to ensure that every member of your party is eligible for the Holiday.
4.1 Pursuant to the Regulations we are required to provide certain information in relation to each Package offered (whether through the Website or otherwise). For the purposes of the Regulations, the relevant page of our Website setting out the details of the relevant Package constitutes the brochure. We will publish the mandatory information required to be published in relation to each Package as set out in Schedule 1 of the Regulations as well as such of the Package-specific information set out in Schedule 2 of the Regulations as is relevant to the relevant Package. Where we organise separate elements to make up your Package we will provide all of the details required by the Regulations as set out in Schedule 1 and Schedule 2 of the Regulations.
4.2 If you choose to order a Package we will send you a confirmation of your Booking which will also contain the information set out in paragraph 4.1 above.
4.3 We use all reasonable endeavours to ensure that any information on the Website is correct and not misleading. However, some information is provided by our local partners and/or in the case of user reviews, our users. To the extent permitted by law, we are not and will not be responsible for any inaccurate, incomplete, misleading, untrue or incorrect information displayed on the Website (including manifest and typographical errors) or for any interruptions (whether due to scheduled or unscheduled repair, upgrade or maintenance) or any failure of the Website (whether or not our fault). The Website (and in particular any reviews by users) does not represent a recommendation, endorsement or guarantee as to quality, experience or value for money by us or any user.
5.1 VIDA is not liable for damages or losses that may result from travel to any particular destination for which VIDA is not directly responsible. The British Foreign and Commonwealth Office helps travellers stay safe overseas. Check the FCO website atwww.fco.gov.uk/knowbeforeyougo (or the local equivalent in your jurisdiction) for the latest advice on conditions and general information concerning specific countries.
5.2 It is your responsibility to ensure you have the relevant travel and health documents before departure for the country you are visiting, which shall include, but is not limited to, any inoculations that may be required, ID’s, visas and passport. VIDA shall not be liable for anyexpense incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with requirements.
5.3 We require all persons purchasing and travelling on one of our Holidays to purchase travel insurance. We require travel insurance to be purchased at the time of Booking. Travel insurance must provide coverage against personal accident, death, medical expenses and emergency repatriation. We advise all customers to ensure that insurance covers the cost of repatriation of your body in the event of death abroad as these costs can be significant. We recommend that travel insurance also covers cancellation, curtailment, personal liability and loss of luggage and personal effects. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. All travel insurance must cover force majeure.
5.4 You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your Holiday. Your passport must be valid for 6 months beyond the duration of the Holiday. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Holiday. VIDA shall not be responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
5.5 It is your responsibility to ensure that you arrive at departure destinations in good time prior to the scheduled arrival of your mode of transport. In particular, we would respectfully remind customers that cruise ships operate on strict schedules and will not remain in port beyond their scheduled departure time in the event that any passenger is late. In the event that you miss any mode of transport (unless the failure is solely the responsibility of the Holiday provider, such as if you miss a flight solely because your cruise ship arrives late in port due to a mechanical fault), it will be your responsibility to make your arrangements to either find an alternative mode of transport and join your Holiday at a later stage.
6.1 To confirm a Booking, you must be at least 18 years of age and authorised to make the Booking by all persons named on the Booking (the “Party Leader”). By making the Booking, you are confirming that all persons named on the Booking accept these Terms and that you will inform the other persons named on the Booking of the confirmation details and any other appropriate information. By making the Booking you also become responsible for making all payments due under the Booking.
6.2 Please note that VIDA may not contact each person named on the Booking to provide information on the Booking – this is the responsibility of the Party Leader.
6.3 You may be required to pay a deposit or make full payment for your Booking at the time of making the Booking. Where you only pay a deposit you must pay the full balance by the final balance due date (which for the avoidance of doubt shall be no later than 12 weeks before you travel). VIDA has no obligation to send you reminders. If full payment is not received by the final balance due date we and/or the Supplier(s) reserve the right to cancel your Booking and to charge a cancellation fee (which may be equal to 100% of the cost of your Booking). Please note that in the event of a cancellation, where a Supplier provides any element of your Booking, the Supplier may charge the cancellation fees set out in the Supplier’s terms and conditions.
6.4 When you make a Booking we will send the Party Leader a booking confirmation email setting out details of the Booking. You must check all the details contained in the booking confirmation (including the details set out at clause 6.6 as applicable) are correct and raise any queries immediately upon receipt. Please note that certain elements of your Booking may not be changeable after a reservation has been made and therefore you may incur charges of up to 100% of the price of that element.
6.5 In the event that you call VIDA by telephone, or are called by VIDA regarding your Booking, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a Booking, VIDA reserves the right to review any call information.
6.6 In order for us to confirm your travel arrangements you must provide all requested details, by email promptly on request and in any event at least one month before the beginning of the Holiday. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. The Party Leader is responsible for checking that all passenger names, titles and initials are correct and match the details in the corresponding passenger’s passport. Your Booking can be cancelled if you fail to provide these details for all travellers in which case the cancellation provisions set out in paragraph 7 below will apply.
6.7 Please note that a number of jurisdictions require travellers to provide certain passport information in advance of travel. Where VIDA or its Suppliers are required to provide this information, we will provide it based on information provided to us by the Party Leader. Failure to provide full, complete and accurate information may result in you and/or members of your party being unable to travel.
7.1 In order to cancel a Booking, please email us at email@example.com stating your order reference and “Cancellation” in the title of the email. You may telephone VIDA to discuss your desire to cancel the Booking but cancellation will only be effective when we have received from the Party Leader who made the Booking a written confirmation of his or her decision to cancel the Booking. An email to us stating that you desire to cancel a Booking is an irrevocable notice and you cannot subsequently change your mind even if we have not yet acknowledged the cancellation in writing.
7.2 Please do not cancel any Supplier. All cancellations of Bookings must be made to VIDA directly.
7.3 If you cancel a Package:
(a) before payment of the final balance has been made we will retain the deposit and charge an administrative fee of £50 per traveller and reimburse the remaining amount (if applicable). We also reserve the right to pass on any charges levied by our suppliers in accordance with their terms and conditions
(b) after payment of the final balance has been made, we will retain 100% of the price paid by you in respect of the Booking.
7.4 If you leave a Holiday for any reason after it has commenced we are not obliged to make any refunds for unused services.
7.5 We reserve the right to pass on to you in full any cancellation charges imposed by a supplier in accordance with its terms and conditions. For the avoidance of doubt, the aggregate cost of cancelling a Booking will never exceed 100% of the quoted cost of the Booking.
7.6 If you cancel a Cruise Holiday such cancellation shall be subject to the Supplier’s terms and conditions. We reserve the right to pass on to you in full any cancellation charges imposed by the Supplier in accordance with its terms and conditions.
8.1 We may cancel a Booking in respect of a Package at any time prior to departure by giving you notice by email, letter or (if very close to departure) by telephoning you, if, due to terrorism, natural disasters, political instability or other external events it is not viable or safe for our local partner to operate the planned itinerary. If we cancel a Booking prior to departure, in your sole and absolute discretion you may choose between (i) us applying the amounts paid towards an alternative trip, or (ii) receiving a full refund. We are not responsible for any incidental expenses that you may have incurred as a result of your Booking in respect of a Package such as visas, vaccinations or non-refundable flights. Your insurance should cover such cancellations.
8.2 We shall notify you in writing in the event that the Supplier cancels a Booking in respect of a Cruise Holiday. Cancellation of a Cruise Holiday by a Supplier shall be governed by the Supplier’s terms and conditions. VIDA accepts no liability for any cancellation by a Supplier.
9.1 If you wish to make any changes to any element of your Package, you must notify us of that fact as soon as possible. Amendments will be subject to availability and we cannot guarantee that such request will be met. VIDA reserves the right to charge a fee up to 100% of the cost of the Package.
9.2 If you wish to change the date of any element(s) of your Package there is a fee of £25 per traveller. We also reserve the right to pass on any charges levied by our suppliers in accordance with their terms and conditions.
9.3 If you wish to change the name of one or several travellers of the trip, there is a fee of £25 per traveller. We also reserve the right to pass on any charges levied by our suppliers in accordance with their terms and conditions.
9.4 No amendments are permitted to your Booking within 29 days of departure.
9.5 VIDA reserves the right to amend the fees at its discretion.
9.6 We reserve the right to pass on to you in full any amendment charges imposed by a supplier in accordance with its terms and conditions.
9.7 We shall notify you in writing in the event that the Supplier needs to amend a Booking in respect of a Cruise Holiday. Amendments to a Booking in respect of a Cruise Holiday by a Supplier shall be governed by the Supplier’s terms and conditions. VIDA accepts no liability for any amendments made by a Supplier.
10.1 All offers and prices are subject to change and availability at time of enquiry. Prices are based on two passengers sharing unless otherwise stated and are subject to the supplier’s terms and conditions in addition to these Terms. Cabin and flight supplements may apply. Other supplements may apply in addition to the price shown on the Booking. flight details, timings and routing may be subject to alteration. Any on-board Spending money or drinks package value shown will be per cabin, again based on two sharing.
10.2 When payment is made by credit card a 2.0% credit card fee shall apply.
10.3 Other charges may apply as set out in clause 3.8.
11.1 Regulation 20 of the Regulations requires us to place all monies paid by you for any Package with a trustee until such time as the Package has been fully performed or any sum of money paid by you in respect of the Package has been repaid or has been forfeited on cancellation by you.
11.2 VIDA is a member of the Travel Trust Association (the “TTA”) with membership number Q3085. All monies you pay to us are held in an independent trust account.
11.3 In the unlikely event that we became insolvent, the monies paid by you and other customers who have purchased Packages from us (together “Package Customers“) and held in trust by the trustee would be applied to meet your claims against us and the claims of other Package Customers where the Packages have not been performed. If the sums held by the trustee were not sufficient to cover the claims of all Package Customers, each Package Customer would receive a payment of the same proportion of the amount due to him from the trustee.
11.4 For the avoidance of doubt, the trustee is not a party to any contract with any Customer or Package Customer and is not liable in any way to any Customer or Package Customer except where VIDA is insolvent and then only to the extent that the trustee must perform its obligations as set out in paragraph 11.3 above.
11.5 Any decision or calculation by the trustee in relation to the performance of its obligations as described in paragraph 11.3 above shall (other than in the case of clear and manifest error) not be capable of challenge by any Customer or Package Customer. Any payment to any Customer or Package Customer shall be in full and final settlement of any claim that such Customer or Package Customer shall and may have against the trustee in relation to its performance of its obligations as described in paragraph 11.3.
11.6 To the extent permitted by applicable law, the trustee shall not be liable for any negligence or mistake in its performance of its obligations whether as described in paragraph 11.3 or otherwise. This paragraph 11.6 shall not exclude any liability for fraud.
11.7 In the event of any complaint in relation to a Package howsoever arising, the Customer shall communicate such complaint to VIDA and shall not communicate any complaint to the trustee.
12.1 Unless stated otherwise on the Website or in any confirmation email, all prices on the Website are displayed including VAT and all other applicable taxes (subject to change of such taxes). For the avoidance of doubt, VIDA shall not be liable if the rate of any taxes change or if a Supplier subsequently charges taxes in addition to a quoted price. For the avoidance of doubt, VIDA will never require any Customer to pay an increased amount once such Customer has paid the full price for any Package.
13.2 Except for disclosures required by law, by any governmental body or by any court or tribunal of competent jurisdiction, and other than providing certain information provided by you (such as your name, address, email address and credit card details) to our Suppliers to facilitate a Booking that you have made on the Website or via telephone or email, we will not disclose your personal information without your prior permission.
13.3 VIDA accepts no liability for the collection and use of personal data by a Supplier.
14.1 After you have travelled on a Holiday, we may invite you to review the Holiday. Completing this review is optional.
14.2 The review may give you the opportunity to comment on matters including without limitation the quality, location and value for money of any accommodation, trip or experience.
14.3 You agree that VIDA is free to use any comments, information or ideas contained in any review you submit to VIDA (either by email, post or through the Website) without compensation, acknowledgement or payment to you for any purpose whatsoever. For the avoidance of doubt, all such information will be deemed by VIDA to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever including publishing such information on the Website as a review of the relevantPackage, using such review (or any part of it) in any marketing or publicity for the Website and improving the services we offer through the Website and/or the operation of the Website itself.
14.4 Reviews are published in our sole and absolute discretion and we reserve the right to remove, amend or paraphrase any review without notice and without giving any reason.
15.1 By using the Website and/or making a Booking with us (including where we act as agent on behalf of a Supplier in respect of a Booking for a Cruise Holiday), you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
15.2 You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms. You also agree not to:
(a) conduct or promote any illegal activities while using the Website or use the Website for any unlawful purpose;
(b) conduct or promote any commercial activities while using the Website or use the Website for any commercial purpose;
(c) upload, distribute or print anything that may be harmful to minors;
(d) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(e) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(f) impersonate any other person while using the Website;
(g) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(h) resell or export the software associated with the Website;
(i) use the Website to generate unsolicited advertisements or spam; or
(j) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
16.1 VIDA and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through them. The Website is protected by UK and international copyright and other intellectual property laws.
16.2 We permit you to use the Website for your own personal and non-commercial use only and VIDA grants you a limited license solely for that purpose. You are therefore not permitted to re-sell, re-publish, export, modify, reverse engineer, scrape, copy, display for commercial purposes, download, distribute, transmit or reproduce, any content, information, software, products, or services for any purpose or activity.
16.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. VIDA reserve the right to terminate the limited license without notice at any time following an unauthorised use by you of the Website.
16.4 VIDA and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of VIDA. They may not be used without VIDA’s prior express written permission.
16.5 All other trademarks not owned by VIDA that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by VIDA.
17.1 By using the Website and in particular in making any Booking, you consent to receiving electronic communications and notices from VIDA and any Supplier providing services to you solely in relation to the Booking.
17.2 You agree that any notice, agreement, disclosure or other communications that we or any Supplier send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18.1 VIDA provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. VIDA specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. VIDA assumes no liability or responsibility for any errors or omissions in the Website or offers or promotions made available to you or on your behalf through the Website; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Website, including, without limitation, any damage to your mobile device; or any conduct by users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion.
18.2 In no event shall VIDA, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms, on any theory of liability, and whether or not advised of the possibility of damage. VIDA does not seek to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of VIDA. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
19.1 You agree to indemnify and hold VIDA, and each of its respective shareholders, directors, officers, employees, agents and Suppliers harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your violation of any law or the rights of any third party or these Terms.
20.1 You agree that these Terms and any claim, dispute or controversy arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, VIDA’s advertising or any related transaction between you and VIDA shall be governed by and construed in accordance with English law.
20.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
21.1 VIDA may change, discontinue, suspend or cease to provide the Website at any time without prior notice. We reserve the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Website.
22.1 These Terms are agreed between VIDA and you. Other than the trustee, no other person shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
22.2 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
22.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
22.4 VIDA will not be liable for any changes, cancellation, effect on your Booking, loss or damage suffered by you or for any failure by any Supplier or VIDA to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond VIDA’s control.
22.5 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
22.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms without our prior express written consent.
22.7 These Terms set forth the entire understanding and agreement between you and VIDA with respect to the subject matter hereof.
23.1 If you have any questions about these Terms of Service or the use of the Website, please contact us at: firstname.lastname@example.org
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