TOUR POLICIES | vivatourstexas

GENERAL BOOKING TERMS & CONDITIONS OF TOUR

Viva Tours LLC is a legally constituted entity as a domestic limited liability company. It´s registered office address is 2433 E. 8th Ave., Mission TX 78572. The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. In accordance to existing legislation at the time of its formation, its certificate of formation has been properly filed in the corresponding Business & Public Filings Division at the Office of Texas Secretary of State.

Viva Tours LLC acts exclusively as a “Tour Operator”: is responsible for operating and providing your vacation through the contracting, booking and packaging together of the various components of your tour such as your hotel, transportation, meals, guides, optional tours and sometimes flight, according to the clear description of a given tour.

The managers of Viva Tours, LLC are Aida Gonzalez and Tomas P Gonzalez, both with a registered address on 2433 E. 8th Ave., Mission TX 78572.

The website run by the managers of Viva Tours, LLC is www.vivatourstexas.com

The e-mail address used to contact, promote, clarify and/or establish any sort of interaction by Viva Tours, LLC with confirmed or prospective customers is: travel@vivatourstexas.com

The telephone numbers used to contact, promote, clarify and/or establish any sort of interaction by Viva Tours, LLC with confirmed or prospective customers are: (956) 227 8192 and (956) 379 3441.

By booking or participating in a tour and any related products or services (a “Tour”) with Viva Tours LLC (“Viva Tours” or “Tour Operator””), you (“you” or “tour participant”) acknowledge that you have read, understand and agree to be bound by the Terms and all conditions set out below (the “Terms”). If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party or represented by you. Booking terms and conditions are always available and can be copied from Viva Tours website: www.vivatourstexas.com

Viva Tours, LLC, its parents, subsidiaries and their respective employees, affiliates, officers directors, successors, representative and assigns (collectively defined as “Viva Tours”) are not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party.

“Viva Tours” is solely responsible for arranging and providing all the services and accommodations offered to you in connection with the Tour. Hereby You agree to waive any legal action against Viva Tours LLC, its parents, subsidiaries and their respective employees, affiliates, officers directors, successors, representative and assigns (collectively defined as “Viva Tours”).

You certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. The “Tour Operator” reserve the right in their sole discretion to accept, decline or remove any person on a Tour at such the tour participant´s expense. The “Tour Operator” reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.

1. THE BOOKING CONTRACT

Your booking can be done over the telephone or by e-mail. Clients booking personally, by telephone or e-mail will be deemed to have read and accepted the “terms” herein indicated and/or expressed. THEREFORE, PLEASE READ THEM CAREFULLY. Your booking is confirmed and a contract exists when the “Tour Operator” or your travel agent issues a written receipt, an E-mail or a phone call confirming that you have made the applicable first deposit amount or total payment for the specific tour you contract with “Viva Tours”. Please acknowledge such a receipt, by E-mail or phone call carefully and report any incorrect or incomplete information to “Viva Tours” or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport. Remember that your name in the passport must match the name you provide us. If any airline tickets are involved at any segment of the Tour that you participate and the name you provided “Viva Tours” doesn´t match the name on your passport, you might be denied the right to board your flight by the airline or airport personnel and any extra expenses derived of such a situation or any unused remaining segments of your Tour, will not be reimbursed or refunded at all, as “Viva Tours” does not assume any liability in connection for misgiven or inaccurate names provided by You.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to “Viva Tours”.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due regarding your Tour booking, notifying the “Tour Operator” or your travel agent if any changes or cancellations are required and keeping your party informed about the status of the booked tour or activities.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the “Tour Operator” will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by the “Tour Operator” and may be required to complete the “Tour Operator”’s medical information form (the “Medical Form”), available on the “Tour Operator”’s website at http://www.vivatourstexas.com

Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to the “Tour Operator” prior to or at the time of final payment for the applicable booking.

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The “Tour Operator” will maintain the information in accordance with the “Tour Operator”’s Privacy Policy available at https://www.vivatourstexas.com

The “Tour Operator” reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.

The “Tour Operator” reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the “Tour Operator” determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the “Tour Operator” at the time of booking. The “Tour Operator” may refuse to carry pregnant women over 24 weeks. The “Tour Operator” may refuse to carry anyone with certain medical or physical conditions if reasonable accommodation or alternatives cannot be arranged.

You must complete and submit your medical form and/or information 30 days prior Tour departure. In the event that you do not complete the required Medical Form or provide medical information reasonably required by the “Tour Operator” for any reason by the deadline indicated above, the “Tour Operator” reserves the right to cancel your booking and all applicable cancellation fees will be charged.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The “Tour Operator” does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with “Viva Tours” may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the “Tour Operator” makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the “Tour Operator” at the time of booking or 30 days prior Tour departure. The “Tour Operator” will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. Persons needing individual assistance for walking, dining, or other personal needs must be accompanied by an able companion and must notify “Viva Tours” in writing at the time of booking. Certain trips and features are not wheelchair accessible. If you require a wheelchair, you must provide your own small collapsible wheelchair. In international destinations, “Viva Tours” cannot guarantee wheelchair accessibility. All food allergies and dietary restrictions must be disclosed to the “Tour Operator” at the time of booking or 30 days prior Tour departure but the “Tour Operator” cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the “Tour Operator” and the “Tour Operator” is not liable for any failure to accommodate or fulfill such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of Tour departure is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the “Tour Operator”, the minimum age for minors travelling on any Tour is 12 years old.

All bookings with a minor are subject to review and approval by “Viva Tours”. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The “Tour Operator” will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. “Viva Tours” does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. TRAVEL INSURANCE PROTECTION PLAN

“VIVA TOURS” STRONGLY RECOMMEND YOU MAKE SURE TO HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$175,000 covering all applicable dates of travel with the “Tour Operator”. This insurance must cover personal injury and emergency medical expenses. If you already have travel insurance, you are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the “Tour Operator” and you are recommended to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage. In case You decide not to buy additional Travel Insurance applicable for the dates of the Tour in which you would be participating with “Viva Tours”, You understand and agree that “Viva Tours” shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against “Viva Tours” for any such loss, damage, injury, or death.

7. PRICES, SURCHARGES AND TAXES

The published price of the Tour and any products or services offered by the “Tour Operator” is subject to change at any time, before or after booking confirmation, up to 30 days before departure. After a confirmation invoice has been issued by the “Tour Operator”, the “Tour Operator” reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, the “Tour Operator” will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the “Tour Operator” will provide notice to you as soon as reasonably possible.

Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:

(a) Cancel the applicable booking without incurring any penalty; or

(b) Accept the change of price.

You must notify the “Tour Operator” of your choice within 3 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

From time-to-time the “Tour Operator” may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the “Tour Operator” are not entitled to reduced pricing.

8. VALIDITY

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking “Viva Tours” website (www.vivatourstexas.com) at least 72 hours prior to departure as some changes may have been made after the time of booking.

9. DEPOSITS

When booking a tour offered at a price of up to $300, full payment is due at the time of booking. Note that all monies paid for this specific type of tours are non-refundable.

At the time of booking a tour offered at a price higher than $300, if the booking occurs 31 days or more before the Tour, a non-refundable deposit of USD $300, as applicable, per person per Tour is due to the “Tour Operator”. If the booking is made 30 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be paid in cash or personal check to the “Tour Operator” or authorized representative agent, as applicable.

All financial transactions must produce a receipt for you, to keep proof of the paid monies. If a physical receipt is not produced at the moment of payment, the tour participant or the person that made a booking on behalf of other(s), will get a confirmation of all monies paid, via E-mail or text message (at the discretion of Viva Tours staff), according to the nature of contact information provided by the person that made the booking. Such a confirmation is to be issued on the same day the monies were paid.

10. CONTACT DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide “Viva Tours” with a text-message enabled cell phone number as well as a valid e-mail address to contact you and send any updated information regarding any Tour reserved/bought by you. If you booked on behalf of any other person, you are responsible to contact and update such a person or persons. You agree that “Viva Tours” will not be held responsible or have any liability for any losses or damages derived from your lack of effective communication for not timely contacting/updating the people you booked on behalf of. Besides, You must provide all information requested by the “Tour Operator” along with final payment, that is, 30 days prior Tour departure date. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the “Tour Operator” as a result of your failure to provide the required information. If you fail to supply information required by the “Tour Operator” for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the “Tour Operator”, the “Tour Operator” also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the “Tour Operator”, in its sole discretion. The information required by the “Tour Operator” will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The “Tour Operator” will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11. FLIGHTS

Tour prices do include airfare, where applicable and according to the description of a specific tour. The “Tour Operator” will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the “Tour Operator” or the applicable air carrier(s).

Prices are based on Economy Class fares and seats are assigned by the air carrier based upon availability. Tour participants might be assigned separate seats, even if they booked the Tour at the same time. Therefore, Tour Participants must be aware of the arising chance of not seating together with their party or members of their party.

Regularly, when Mexico Tours are involved, the time between take-off and its subsequent landing takes from 1:30 hours to 2:15 hours. Air schedules will be provided after the Tour and Air Inclusive reservation is paid in full and tickets or e-tickets are issued. “Viva Tours” is not responsible for overnight stays or independent transfers occasioned by airline schedules or delays. Airline baggage fees are not included and must be paid at the airport if charged by the airlines. Frequent Flyer Miles, luggage transfer service between flights, and pre-assigned seats may not be available.

Air schedules are subject to change at any time without. Therefore, you must keep in mind that the Tour departure date and/or the Tour return Date are subject to change. You agree to allow the “Tour Operator” to change the original Tour departure date and/or the original Tour return date for up to 72 hours before or after such original dates. Therefore, you are responsible to schedule no important family, personal nor medical matters as for those 72 hours before or after the original Tour dates.

Tour participants who cancel due to changes in airline or changes in flight schedule will be responsible to pay for the penalties stated under ‘Cancellations’. The participant will be responsible for any price increases, change fees, penalties, and airport/hotel transfer costs, as applicable.

“Viva Tours” shall not be held liable for any fees, costs or tickets purchased through another source, regardless of the reason.

Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airline concerned and are estimates only. The take-off and landing announced times, as well as take-off and landing destinations may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. “Viva Tours” is not liable if there is any change to a departure/arrival time previously given to the Client or shown on the Client’s ticket, or client’s itinerary, or Viva Tours’ website information. The “Tour Operator” is not responsible for any losses suffered if You are delayed and miss any flights – these matters are in the sole discretion of the airline concerned.

The “Tour Operator” acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please cosult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The “Tour Operator” is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by the “Tour Operator” or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 30 days before the Tour departure date. If full payment is not received by the applicable due date, the “Tour Operator” will treat the booking as cancelled and retain the $300 deposit paid on booking as a cancellation fee. If a booking is made less than 30 days before the departure date, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking.

The “Tour Operator” is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the “Tour Operator”.

13. CANCELLATION BY THE PARTICIPANT

You may cancel your booking by notifying the “Tour Operator” via telephone or e-mail or text message. Cancellation fees will be determined with reference to the date on which notice of cancellation is received by the “Tour Operator” and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).

Cancellation of a Tour:

(a) Cancellation received 61 days or more before Tour departure date in relevant booking, will be given all monies paid to the “Tour Operator” that result after discounting USD $300 non-refundable deposit.

(b) Cancellation received 60-31 days before Tour departure date, will be penalized with USD $600 and the monies left will be given to You by the “Tour Operator”

Please note that Cancellation fees cannot be used as credit for future tours with “Viva Tours” and cannot be credited to other confirmed or prospective tour participants with “Viva Tours”. However, if you can produce a replacement to take your place, that is, anybody that is not a confirmed or prospective tour participant already contacted or in touch with “Viva Tours”, you will be given a 100% refund (less USD $300 nonrefundable deposit) once your replacement has paid in full for the Tour.

14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE “TOUR OPERATOR”

A departure date for a Tour offered by the “Tour Operator” will become a guaranteed departure when at least ten bookings secured by a valid deposit have been made on that departure.

The “Tour Operator” guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the “Tour Operator”’s website or by contacting the “Tour Operator”. Brochures and other printed materials displaying Tour information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by the “Tour Operator” before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the “Tour Operator”:

(a) A substitute Tour of equivalent or superior value; or

(b) A substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the “Tour Operator” the difference in price between the price of the Tour originally purchased and the substitute Tour; or

The “Tour Operator” is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, nonrefundable flights, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, the “Tour Operator” reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the “Tour Operator” will make suitable alternative arrangements where possible.

15. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the Tour return date of travel with the “Tour Operator” as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the “Tour Operator” that is a direct result of your failure to secure or be in possession of proper travel documentation. The “Tour Operator” does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the “Tour Operator” is not responsible for any errors or omissions in this information.

16. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of travel requires flexibility and acknowledges that you will permit and consent reasonable alterations to products, services or itineraries by the “Tour Operator”. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the “Tour Operator” (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the “Tour Operator”, including your removal from a Tour because of your negligence or breach of these Terms.

17. CHANGES

Changes made by the “Tour Operator”: The “Tour Operator” may modify your itinerary where reasonably required in its sole discretion. If the “Tour Operator” makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the “Tour Operator” will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:

a) Accept the Material Change and proceed with the amended Tour;

b) Book another Tour of equal or greater value, if available (you will be responsible for paying any difference in price); or

c) Book another Tour of lesser value, if available (with a refund payable to you for the difference in price); or

d) Cancel the amended Tour and receive a 100% full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify the “Tour Operator” of your choice within 72 hours of receiving notice or you will be deemed to accept the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the “Tour Operator”. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the “Tour Operator”, whether or not such expenses arise from a change of itinerary, and the “Tour Operator” is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The “Tour Operator” will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by the tour participant: You are responsible for ensuring that information provided to the “Tour Operator” is accurate and up-to-date. Any changes to your name on any booking are subject to the “Tour Operator”’s approval. Any changes to a booking depend on availability and are subject to the “Tour Operator”’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms.

18. ACCEPTANCE OF RISK

You acknowledge that the Tour offered by the “Tour Operator” may involve a significant amount of risk to your health and safety. By traveling with the “Tour Operator” you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the “Tour Operator” from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the “Tour Operator”.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the “Tour Operator” is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the “Tour Operator” (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the “Tour Operator” may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the “Tour Operator”’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the “Tour Operator” or the “Tour Operator”’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the “Tour Operator” and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the “Tour Operator” nor its Third Party Suppliers (as defined herein) are liable for loss or damages or injuries caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the “Tour Operator” as soon as possible in order to provide the “Tour Operator” with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the “Tour Operator” or the “Tour Operator”’s customer service department directly. The “Tour Operator” assumes no liability for complaints that are not properly brought to the attention of the “Tour Operator” and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing, via telephone or e-mail by the “Tour Operator” within 7 days of the last day of travel of the booking in question.

19. THE “TOUR OPERATOR” IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The “Tour Operator” makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the “Tour Operator” takes all reasonable care in selecting Third Party Suppliers, the “Tour Operator” is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the “Tour Operator” does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

The “Tour Operator” is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the “Tour Operator” and its employees.

The “Tour Operator” is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

20. OPTIONAL EXTRAS

“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and do not form part of the Tour. You agree that any assistance given by the “Tour Operator”’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the “Tour Operator” makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the “Tour Operator” regarding any Optional Extras. You release the “Tour Operator” from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

21. LIABILITY

The “Tour Operator” and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the “Tour Operator” for any such loss, damage, injury, or death.

Notwithstanding anything to the contrary elsewhere in these Terms, “Viva Tours” will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

The responsibility of Viva Tours, LLC is strictly limited. You agree that maximum liquidated damages shall not exceed the tour price. Viva Tours, LLC is responsible only in the capacity for making arrangements for the tour services offered, including hotels, sightseeing, transportation (whether by motor coach, boat, train, airplane or any other means), guides, porterage, and meals from various suppliers (collectively “Suppliers”). The itineraries shown are subject to revisions, including substitution of hotels, activities and routings. If a service is not provided, and “Viva Tours” is unable to substitute a service of similar value, “Viva Tours´” liability shall not exceed the actual cost of the services not provided. Viva Tours does not own or operate any of these Suppliers. The Suppliers are not agents, servants, employees or joint ventures of Viva Tours, but are Independent Contractors providing travel services to Viva Tours. Viva Tours is not liable for any damage, including personal injury, accident, personal loss or other expense, from any cause, act or omission by Suppliers or third parties. Tour participant agrees that by utilizing the travel services of Suppliers, that tour participant will look to Suppliers for any damages of any kind. Viva Tours is not responsible for any purchases made during the tour. Viva Tours is not responsible for the costs of any medical treatment required during your tour, nor is Viva Tours responsible for the quality, or lack thereof, of medical care you may receive while on your tour. Viva Tours LLC and/or its agents are not responsible for any damage, expense or inconvenience caused by late departures, change of schedule, strikes or other conditions. Viva Tours is not liable for any wrongful, negligent, or unauthorized acts or omissions of any travel agent or travel agency. Legal proceedings by or against Viva Tours, LLC may be instituted only in a state or federal court within the County of Hidalgo, Texas, USA, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of Texas. Viva Tours reserves the right to decline, to accept or retain any person as a member of a tour at any time before or during the actual operation of the tour, at the expense of the relevant tour participant. Viva Tours reserves the right to cancel any tour at any time. In computer or human billing error, “Viva Tours” is not responsible for printing errors or other errors. For the latest itineraries, hotels, activities, dates, prices and policies contact us via e-mail at travel@vivatourstexas.com

22. FORCE MAJEURE

The “Tour Operator” will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the “Tour Operator” failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the “Tour Operator”; or an event which the “Tour Operator” or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

23. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the “Tour Operator” or its representatives that may contain or feature you. You consent to any such pictures (still and/or motion) being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the “Tour Operator”, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

24. PRIVACY POLICY

The “Tour Operator” must collect your personal information to deliver the Tour and any products or services booked. The “Tour Operator” collects, uses and discloses only that information reasonably required to enable the “Tour Operator” and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the “Tour Operator”’s Privacy Policy, which can be accessed any time at http://www.vivatoursus.com and is expressly incorporated into these Terms. By submitting any personal information to the “Tour Operator”, you indicate your acceptance of the “Tour Operator”’s Privacy Policy.

25. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

26. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective next of kin, heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

27. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Texas, United States of America and you submit to the exclusive jurisdiction of the courts located in Hidalgo County, Texas, United States of America for the resolution of any dispute under these Terms concerning any mental, physical, medical and/or financial consequence(s) derived from participating in one or more of the tours, products and/or services provided/contracted by Viva Tours, LLC.

28. AMENDMENTS

The “Tour Operator” reserves the right to update or alter these Terms at any time, and will post the amended Terms on the “Tour Operator”’s website at www.vivatourstexas.com

Any amendment will take effect 3 days after being posted to the “Tour Operator”’s website. An up-to-date copy of these Terms, as amended, may be accessed at any time on the “Tour Operator”’s website and will be sent to you upon written request to the “Tour Operator”. You are deemed to have accepted any amendments to these Terms on the date that is 3 days after their posting on the “Tour Operator”’s website. The “Tour Operator” recommends that all tour participants refer to the Tour Policies Section on the “Tour Operator”’s website at www.vivatourstexas.com, to familiarize themselves with the most up-to-date version available before they join the tour.

VIVA TOURS' PRIVACY POLICY

VIVA TOURS LLC is committed to protecting your Personal Information that you share with us. We want you to understand our Privacy Policy and what it means to you, our customer, so please take a moment to review this Privacy Policy (referred to as “Policy”). By using our website or the services offered by us, you are consenting to our use of such personal information as you provide to us as described herein. If you do not consent to our use of your information, please do not use our services. Any questions you have about our Privacy Policy, or the information contained herein can be directed to our E-mail address: travel@vivatourstexas.com

We need to collect, use and disclose personal information in order to perform our business functions and activities, including making and managing travel bookings on behalf of our customers. We are firmly committed to protecting the privacy and confidentiality of personal information and we assume a role of either the “data processor” or “data controller” for any personal information you provide to us in connection with our relationship. The exact role assumed depends on the context of our relationship with you and the purpose of the processing of personal information.

For the provision of retail travel services and/or Tours by Viva Tours LLC, we will be the data controller and this Policy shall apply. Likewise, for the purpose of all our marketing activities, we will be the data controller and this Policy shall apply. By providing personal information to us, you agree that this Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in this Policy. If you do not agree with any part of this Policy, you must not provide your personal information to us.

If you do not provide us with your personal information, or if you withdraw a consent that you have given under this Policy, this may affect our ability to provide services to you or negatively impact the services we can provide to you.

A. WHAT PERSONAL INFORMATION DO WE COLLECT?

Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements and bookings and to arrange travel related services and/or products on your behalf.

We therefore typically process the following types of personal information about you:

contact information (such as name, residential/mailing address, telephone number, email address);
passport details;
payment account information (credit/debit card details, including card type, card number, security number and expiry date);
information about your dietary requirements and health issues (if any); and

When you make contact with us for other purposes, we may also collect personal information about you in relation to those purposes. For example, we may collect your personal information so we can contact you about a competition you have entered (e.g. if you win) or to respond to an inquiry or feedback you have sent to us. We also collect information that is required for use in the business activities of Viva Tours LLC, including for example, financial details necessary in order to process various transactions and other relevant personal information you may elect to provide to us.

In some circumstances, we may collect personal information from you which may be regarded as sensitive information under your local data protection laws. Sensitive information may include (without limitation) your racial or ethnic origin, philosophical or religious beliefs or affiliations, sexual preferences or practices, and health information. We will only collect sensitive information in compliance with your local data protection laws, with your explicit consent and where it is reasonably necessary for, or directly related to, one or more of our functions or activities (e.g. to make travel arrangements), unless we are otherwise required or authorized to do so by law. To the extent permitted or required under your local data protection laws, you consent to us using and disclosing your sensitive information for the purpose for which it was collected, unless we subsequently receive your consent to use it for another purpose.

B. HOW DO WE COLLECT PERSONAL INFORMATION

We will only collect personal information in compliance with your local data protection laws. We usually collect your personal information from the information you submit during the course of your relationship with us.

Generally, this collection will occur when you:

Contact us in person, by telephone, letter, email;
Visit our website(s);
Connect with us on social media.

We may collect personal information about you when you:

Purchase or make inquiries about travel arrangements or other products and services;
Enter competitions or register for promotions;
Subscribe to receive marketing from us (e.g. e-newsletters);
Request brochures or other information from us; or
Provide information, or use our services, on social media.

Unless you choose to do so under a pseudonym or anonymously, we may also collect your personal information (except sensitive information) when you complete surveys or provide us with feedback.

In some circumstances, it may be necessary for us to collect personal information about you from a third party. This includes where a person makes a travel booking on your behalf which includes travel arrangements to be used by you, and vice versa (i.e. a group booking made for you by your friend or a group making made for a friend by you). Where this occurs, we will rely on the authority of the person making the travel booking as the Lead passenger to act on behalf of any other passenger on the booking. The Lead Passenger agrees to have obtained the consent of the other person for Viva Tours LLC to collect, use and disclose the other person’s personal information in accordance with this Policy.

You should let us know immediately if you become aware that your personal information has been provided to us by another person without your consent or if you did not obtain consent before providing another person’s personal information to us.

We strive to maintain the accuracy of your personal information that we store, however, you can assist us with this considerably by promptly contacting us if there are any changes to your personal information or if you become aware that we have inaccurate personal information relating to you. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal information that you, or a person acting on your behalf, provide to us.

C. HOW DO WE USE YOUR PERSONAL INFORMATION?

We will only process your information, where:

you have given your consent to such processing (and may withdraw at any time, as detailed in section 7)
the processing is necessary to provide our services to you;
the processing is necessary for compliance with our legal obligations; and/or
the processing is necessary for our legitimate interests or those of any third party recipients that receive your personal information (detailed in sections "D" and "E")

In detail: When you contact us in relation to a travel booking or query, we collect your personal information generally to provide you with travel advice and/or to assist you with booking travel and/or travel related products and services. However, the purpose for collection may differ depending on the particular circumstances as disclosed in this Policy (e.g. collection of your personal information for the purpose of your participation in a competition, provision of feedback, etc.).

When you book or otherwise arrange travel related products and services through us, we usually act as an agent for the relevant travel service providers (e.g. for a hotel). In this case, we process your personal information as necessary so as to provide the services you requested from us. This usually includes collecting personal information about you both for our internal purposes as described in this Policy and for the travel service provider for whom we act as agent (e.g. to provide you with the booked services). For example, if you book pre-accommodation through us, then we use your personal information to enable your accommodation to be booked and disclose it to the hotel solely for this purpose.

We may therefore share your information with our travel service providers such as hotel, airline, car rental, or other providers, who fulfill your travel bookings. We encourage you to review the privacy policies of any third-party travel service providers whose products you purchase through us. We will provide you with copies of all relevant travel service provider terms, conditions and privacy policies on request. For more information about the disclosure of personal information to travel service providers located overseas, please refer to section 6.

If you have any concerns regarding the transfer of your personal information to a travel service provider, or you wish to contact us for further information, please refer to the “Feedback & Contact” section below (section 13).

The purposes for which we collect personal information further include:

Providing you with services and tools you choose to use (for example, saving travel preferences on our websites to a wishlist or saving personal information to allow for pre-population of online forms);
Developing and improving our products and services and those of our related entities;
Servicing our relationship with you by, among other things, creating and maintaining a customer profile to enable our brands to service you better or presenting options on our website we think may interest you based on your browsing and preferences;
Involving you in market research, gauging customer satisfaction and seeking feedback regarding our relationship with you and/or the service we have provided;
To facilitate your participation in loyalty programs and online competitions;
For internal research and analysis in relation to our business and services, including but not limited to trends and preferences in sales and travel destinations and use of our websites;
Internal accounting and administration;
Identification of fraud or error;
Regulatory reporting and compliance;
Compliance with our legal obligations and any applicable customs/immigration requirements relating to your travel; and

Where permitted by local data protection laws, we may use your personal information to send you targeted marketing activities relating to our products and services (and those of third parties) that we think may interest you, unless you have requested not to receive such information. These may include, but are not limited to, mail outs, electronic marketing and notifications as described below. We will only use your personal information to send electronic marketing materials to you (including e-newsletters, email, SMS) if you have opted-in to receive them.

Should you no longer wish to receive promotional/marketing material from us, participate in market research or receive other types of communication from us, please refer to the “Feedback & Contact” section below (section J). You can unsubscribe from receiving electronic marketing materials by following the unsubscribe prompt in any email or other form of electronic marketing you receive from us. Please also see the “Your rights” (Section F) section of this Policy to learn about your ability, at any time, to opt out or limit the use of your browsing behavior for online behavioral advertising purposes.

D. IS PERSONAL INFORMATION DISCLOSED TO THIRD PARTIES?

We do not and will not sell, rent or trade your personal information. We will only disclose your personal information to third parties in the ways set out in this Policy and, in particular, as set out below, and in accordance with your local data protection laws. Note that, in this Policy, where we say “disclose”, this includes to transfer, share (including verbally and in writing), send, or otherwise make available your personal information to another person or entity.

Your personal information may be disclosed to the following types of third parties:

our contractors, suppliers and service providers, including without limitation:
in each of the circumstances set out in section "C" (“How do we use your personal information?”);
suppliers of IT based solutions that assist us in providing services to you (such as any external data hosting providers we may use);
publishers and distributors of marketing material;
event and expo organizers;
marketing, market research, research and analysis and communications agencies;
external business advisers (such as lawyers, accountants, auditors and recruitment consultants);
travel service providers such as travel wholesalers, tour operators, airlines, hotels, car rental companies, transfer handlers and other related service providers;
any third party to whom we assign or novate any of our rights or obligations;
a person making your travel booking on your behalf (i.e. a family member, friend or work colleague);
a person who can verify to us that they have a relationship with you (e.g. a family member) where you are not contactable, the person correctly answers our required security questions and the request is, in our opinion, in your interest (for example, where the person is concerned for your welfare or needs to undertake action on your behalf due to unforeseen circumstances);
as required or authorized by applicable law, and to comply with our legal obligations;
customs and immigration to comply with our legal obligations and any applicable customs/immigration requirements relating to your travel;
government agencies and public authorities to comply with a valid and authorized request, including a court order or other valid legal process;
various regulatory bodies and law enforcement officials and agencies, including to protect against fraud and for related security purposes; and
enforcement agencies where we suspect that unlawful activity has been or may be engaged in and the personal information is a necessary part of our investigation or reporting of the matter.

Other than the above, we will not disclose your personal information without your consent unless we reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety of an individual or to public health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), or where such disclosure is authorized or required by law (including applicable privacy / data protection laws).

On our websites, you may choose to use certain features that can be accessed through, or for which we partner with, other entities that are not otherwise affiliated with us. These features, which include social networking and geo-location tools, are operated by third parties, including social networks, and are clearly identified as such. These third parties may use or share personal information in accordance with their own privacy policies. We strongly suggest you review the third parties’ privacy policies if you use the relevant features.

E. IS PERSONAL INFORMATION TRANSFERRED OVERSEAS?

Not at all.

F. YOUR RIGHTS IN RELATION TO THE PERSONAL INFORMATION WE COLLECT

If you wish to:

update, alter, delete or obtain a copy of your personal information that we hold;
restrict or stop us from using any of the personal information which we hold on you, including by withdrawing any consent you have previously given to the processing of such information; or
where any personal information has been processed on the basis of your consent or as necessary to perform a contract to which you are a party, request a copy of such personal information in a suitable format

you can request this by emailing us at travel@vivatourstexas.com

You will receive acknowledgement of your request and we will advise you of the timeframe within which you will receive your information pack. We endeavour to respond to such requests within a month or less, although we reserve the right to extend this period for complex requests.

We reserve the right to deny you access for any reason permitted under applicable laws. Such exemptions may include national security, corporate finance and confidential references. If we deny access or correction, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial of same in our records.

Please note that, if you request that we restrict or stop using personal information we hold on you, or withdraw a consent you have previously given to the processing of such information, this may affect our ability to provide services to you or negatively impact the services we can provide to you. For example, most travel bookings must be made under the passenger’s full name and must include contact details and appropriate identification (e.g. passport details). We cannot make bookings for you without that information.

You must always provide accurate information and you agree to update it whenever necessary. You also agree that, in the absence of any update, we can assume that the information submitted to us is correct, unless we subsequently become aware that it is not correct. You can at any time tell us not to send you marketing communications by email by sending us an E-mail to travel@vivatours.com asking to be removed from our E-mail list.

In any of the situations listed above, we may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorized disclosure of personal information. We reserve the right to charge you a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your personal information, and for any additional copies of the personal information you request from us.

G. SECURITY OF INFORMATION

We are committed to safeguarding and protecting your personal information via implementing various physical, electronic and managerial security procedures in order to protect the personal information it holds from loss and misuse, and from unauthorized access, modification, disclosure and interference. Viva Tours LLC regularly reviews security technologies and will strive to protect your personal information as fully as we protect our own confidential information. Viva Tours LLC is not responsible for any third party’s actions or their security controls with respect to information that third parties may collect or process via their websites, services or otherwise. We will destroy or de-identify personal information once we no longer require it for our business purposes, or as required by law.

H. SOCIAL MEDIA INTEGRATIONS

Our website(s) and mobile applications may use social media features and widgets (such as “Like” and “Share” buttons/widgets). These are provided and operated by third party companies (i.e. Facebook, Twitter etc.) and either hosted by a third party or hosted directly on our website or mobile application. Such features may collect information such as the page you are visiting on our website/mobile application, your IP address, and may set cookies to enable the feature to function properly.

If you are logged into your account with a third party company, then the third party may be able to link information about your visit to and use of our website to your social media account with them. Similarly, your interactions with the social media features may be recorded by the third party. In addition, the third party company may send us information in line with their policies, such as your name, profile picture, gender, friend lists and any other information you have chosen to make available, and we may share information with the third party company for the purposes of serving targeted marketing to you via the third party social media platform. You can manage the sharing of information and opt out from targeted marketing via your privacy settings for the third party social media platform.

Your interactions with these social media features and widgets are governed by the privacy policy of the third party company providing them. For more information about the data practices of these third party companies, and to find out more about what personal information is collected about you and how the third party uses such personal information, please refer to their privacy policy directly.

I. TRACKING TECHNOLOGIES AND COOKIES

We may use third-party web analytics services on our websites and mobile apps (such as Google, Facebook, affiliate tracking etc.). The analytics providers that administer these services use technologies such as cookies and web beacons to help us analyse how visitors use our websites and apps.

When you access our website, open electronic correspondence or communications from us, our servers may record data regarding your device and the network you are using to connect with us, including your IP address. An IP address is a series of numbers which identify your computer, and which are generally assigned when you access the internet. We may use IP addresses for system administration, investigation of security issues and compiling anonymised data regarding usage of our website and/or mobile applications. We may also link IP addresses to other personal information we hold about you and use it for the purposes described above (e.g. to tailored online advertising, provided you have opted in).

Our website(s) may also contain links to third party websites over which we have no control over. We are not responsible for the privacy practices or the content of such websites and encourage you to read the privacy policies of any linked third party websites you visit.

What is a Cookie?

A Cookie is small file that is stored on a user’s computer which is designed to hold a modest amount of data specific to a particular client and website and can be accessed either by the web server or the client computer. While you visit a particular website, a cookie may be used to track the activities of your browser as well as provide you with a consistent, more efficient experience.

How do third-party vendors use Cookies?

Third party channels (i.e. Google) show Travel Talk ads across the internet. These third parties use cookies to serve ads based on a user’s prior visits to our websites. No personal information is stored in cookie data, and users may opt out of third-party usage of cookies by visiting the Network Advertising Initiative opt-out page (members include but not limited to Google, Criteo, Yahoo) or via the third party’s cookie settings.

How does Viva Tours LLC use cookies?

Cookies may be used to help speed up the booking process so you do not need to re-type the same information. We may use cookies to measure website usage such as number of visitors on a certain page, entry and exit points of visitors, and details of activities and searches performed with related information. If you are making a purchase, we may also use cookies to keep track of the transaction from one page to the next. We do not store any personal information in the cookie or use it for any other purpose.

J. FEEDBACK AND CONTACT

If you wish to inform us of a change or correction to your personal information, request a copy of the information we collect on you, request deletion of your information or would like to restrict the further processing of your data, please contact us at travel@vivatourstexas.com or via any other channel as expressed in these "General Booking Terms & Conditions of Tour".

We will respond to these requests within one month.

K. CHANGES TO OUR POLICY

We may amend or make revisions to this Policy from time to time, which amendments may also apply to your personal information collected under a previous version of this Policy. Travel Talk reserves the right to alter this Privacy Policy at any time and for any reason. It is your responsibility to keep up to date with any changes to this policy. If we make a change to the Policy, we will notify you via a notice online and the revised version will be posted on our website with the revision date.

These General Booking Terms and Conditions of Tour were last updated on Jan 31st, 2019.