Terms and Conditions

AGREEMENT BETWEEN USER AND VIVATrip

Version 08/01/2019

1. General

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the VIVATrip website, or contacting our support center you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our” or ”VIVATrip” refers to VIVATrip which is the trading name of "NELSON GROUP ENTERPRISES BVBA", a limited liability company formed under the laws of the Belgium, and “you” ,”your” or “customer” refers to you as the user of Our Website.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.

2. Use of the Platform

As a condition of your use of our Platform, you warrant that:

  • you are at least 18 years of age;
  • you possess the legal authority to create a binding legal obligation;
  • you will use the Platform in accordance with these Terms;
  • you will only use this Platform for your private use to search for flights;
  • you will inform such other persons about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
  • all information supplied by you to our Platform is true, accurate, current and complete; and
  • if you have an VIVATrip account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

3. Prohibited Activities

The content and information on our Platform (including, but not limited to, price and availability of flight and hotel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for flight or hotel reservations booked through our Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform. Additionally, you agree not to:

  • use our Platform or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of our Platform (including, without limitation, the purchase path for any hotel services) for any purpose without our express written permission; or
  • “frame”, “mirror” or otherwise incorporate any part of our Platform into any other website without our prior written authorization.

If your activity on our Platform shows signs of fraud, abuse or suspicious activity, VIVATrip may deny its services to you, and close any associated VIVATrip accounts. If you have conducted any fraudulent activity, VIVATrip reserves the right to take any necessary legal action and you may be liable for monetary losses to VIVATrip, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact VIVATrip customer service.

4. Revoke a Purchase

“VIVATrip emphasizes that the Traveler does not enjoy a right of withdrawal to waive any purchase made on the VIVATrip website through means of the internet.

Where pursuant to Article VI.47, §1 of the Economic Law Act, a consumer is entitled to revoke a purchase agreement made by means of the internet during a period of 14 days starting from the day of purchase without payment of a fine or stating a motive. However this right of cancellation or withdrawal cannot be exercised on and for purchases made on or through the VIVATrip Website.

In accordance with Article VI.53, 12 ° of the Economic Law Code, distant agreements concerning the provision of accommodation, other than for residential purposes, transport, car rental services, leisure and catering services if the agreements provide for a certain date or period of implementation, are excluded from the scope of Article VI.47 of the Economic Law. “

5. Updates

VIVATrip is actively involved with its Terms and Conditions. This page will therefore be updated regularly. To remain informed about the latest changes, we recommend to visit the website and the Terms and Conditions page on a regular interval.

6. Contact VIVATrip

If you have questions concerning our Terms and conditions or privacy policy and the way VIVATrip collects, uses or processes your personal information, please contact us:

 

Privacy Disclaimer

Privacy is as important for you as for us. That’s why we’ve collected the important privacy aspects on this web page. The privacy policy is amongst others applicable to (i) our website https://www.VIVATrip.net and (ii) all (commercial) relations between VIVATrip and her customers, prospects and business partners.

VIVATrip wants to emphasize that she at all times will try to operate in accordance with (i) the Belgian Privacy law of December 8th 1992 concerning protecting personal life in regards to the processing of personal data and/or (ii) the EU regulation from 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC. This privacy policy contains amongst others information on how VIVATrip collects, uses and processes personal data.

Visiting our website implies that you explicitly approve (by means of your personal data or opt-in) the privacy policy and therefore the way we collect, use and process your personal information. This privacy policy is considered to be read together with the VIVATrip cookie policy.

Your rights

If you want to appeal for the below mentioned privacy rights, contact [email protected] to exercise one or more of the following rights for free:

  • The right to access your personal data that VIVATrip might store;
  • The right to rectify, complete and update your personal data;
  • The right to erase your personal data(‘right to be forgotten’);
  • The right to restrict the processing of your personal data;
  • The right of portability of your personal data;
  • The right to object the processing your personal data.

Please note by accessing, the VIVATrip website, or contacting our support center you give permission to be contacted in order to follow up your search and reservation.

If you do not want to receive marketing mails, you can always unsubscribe by clicking on the “Unsubscribe” button included in every marketing mail of VIVATrip.

Personal data

VIVATrip collects and processes the following personal data:

  • Name and first name
  • Address
  • Company name
  • E-mail address
  • Phone number (fixed/mobile)
  • Date of birth and place of birth
  • Information related to your ID card and/or passport
  • Information on your usage of the VIVATrip website such as; your IP address, browser type, pages you visited, potentially geographical location data

Use of personal data

VIVATrip uses your personal data for:

  • Executing a contract with VIVATrip;
  • Providing services by VIVATrip;
  • Sending of targeted marketing, updates and offers based on your communication preferences;
  • Improving the quality, the management and the content of the website;
  • Preparing and sending quotes, invoices and collecting payments;
  • Executing customer satisfaction surveys, inquiries and other market research;
  • Statistical purposes

Collection of personal data

VIVATrip collects personal data by means of:

  • A collaboration with VIVATrip;
  • A visit to the website;
  • The use of services provided by VIVATrip;
  • The purchase of products by VIVATrip;
  • A subscription to our newsletter ( whether or not via the website);
  • Correspondence with VIVATrip
  • Sharing ideas with VIVATrip on service improvements
  • A demand for a quote
  • Exchange of business cards

Retention periods

VIVATrip respects the legal retention periods. Customer information will be deleted during the month of January following the end of the legal retention period. Spontaneous job applications will be stored for a period of one year.

Access to third parties

VIVATrip will not allow third parties to access to your personal data , unless it’s necessary for VIVATrip to provide services and during the improvement of these services. Notwithstanding the above, it might occur that VIVATrip discloses your personal information to the competent authorities (i) when VIVATrip is required by law or in the context of legal or future legal proceedings and (ii) to protect and defend our rights.

Other websites

Our website contains links to other websites. VIVATrip is not responsible for the privacy policies nor for its application on third party websites.

Complaints

If you have complaints about the way VIVATrip collects, uses and/or processes your personal data, you can file a complaint with the Belgian Privacy Authority (www.dataprotectionauthority.be).