Terms and Conditions

Welcome to the website exploreviva.com owned and/or operated by Viva International, S.A. (“Site”), a company legally incorporated in Santo Domingo, Dominican Republic, under commercial register number 1-3028802-1.

This page outlines the Terms of Use (“Terms”) governing the handling of information, content and services rendered published on the exploreviva.com website.

By accessing or using this Site, you are in acceptance of the Terms in force at the time of its use. Viva International, S.A., owner of this website, reserves the right to revise the Terms stated herein at any time by revising this page. Due to their binding nature, you agree to review these Terms from time to time and agree that any subsequent use by you of exploreviva.com following Revisions shall constitute your acceptance of all such changes.

The terms “You” and “User” utilized henceforth refer to all individuals and/or legal entities that for any reason access the exploreviva.com website. Conversely, as certain Services and Contents made available to users through exploreviva.com may contain specific guidelines which regulate, complement and/or modify the present Terns, users are urged to review and acknowledge these prior to the use of said contents, information and services rendered.

Access, as well as usage of the Viva International, S.A. website is subject to the following Terms. Viva International, S.A. offers the possibility of obtaining quotes or booking a series of tourism products or services through their website, exploreviva.com, in turn providing information regarding these Products and Services, their environments or destinations where these are offered or provided and permits access to external sites not controlled or administered by Us, nor governed by our Terms.

Viva International, S.A. is a company legally constituted in the Dominican Republic and acts as intermediary bridging a gap between users and other legally-constituted enterprises authorized in the provision or facilitation of tourism services and products in the Dominican Republic, the Bahamas and Mexico.

Unless otherwise stated, commercial transactions (quotes, bookings or other procurements of services) processed by exploreviva.com are subject to these terms and conditions; it shall be deemed that in the procurement of all reservations, quotes and/or transactions, the person(s) executing the reservation, quote and/or transaction acknowledges acceptance and the implicit approval of each and every single of the conditions stated below, acting as agent of the person(s) whose name(s) appear(s) on the reservation, quote and/or other transactions in accordance with current legal requirements and regulations.

No modification to these Terms and Conditions shall have any validity unless submitted in writing and with the authorization of Viva International, S.A.

TERMS OF USE

1. By using exploreviva.com, you accept being legally-bound by these Terms, which come into effect immediately.

2. If you do not agree to become legally-bound by the following Terms and Conditions, we ask that you not use nor visit exploreviva.com.

3. Viva International, S.A. may modify these Terms and Conditions at any time it sees fit by publishing a revision on the Internet. We ask that you review these Terms and Conditions periodically to be aware of any modifications made by Viva International, S.A. Your continued use of exploreviva.com after the fact acknowledges your acceptance of these changes, and hereby agree to be legally-bound to said Terms.

4. You are forbidden to copy, reproduce, republish, download, publish, broadcast, transmit, make available to the general public or otherwise use content on exploreviva.com (including text, images, URL’s, pricing information, etc.) in any way other than for your own personal and not commercial use. Any other use of the content made available on exploreviva.com requires the prior written consent of Viva International, S.A.

5. You agree to use exploreviva.com for legitimate purposes only, and shall not infringe upon the rights of any person, nor restrict or prevent the use and enjoyment of exploreviva.com.

6. The use of exploreviva.com is intended for personal, non-commercial purposes, or channel legitimate requests for price quotes, bookings and the procurement of the products and services offered. You agree to not use this Site to make speculative, false or fraudulent submissions, as well as agree not to use bots or other automated means to access this site, unless expressly allowed by Viva International, S.A.

VALIDITY OF PRODUCTS, PRICES, MODIFICATIONS AND CORRECTIONS

7. All products and services offered by Viva International, S.A. are valid only on the dates published on exploreviva.com.

8. Upon issuance of proof of price quotation, booking or the procurement of the tourism products and services offered via the Internet on the exploreviva.com site, you must verify and accept the information printed on these files or digital media as true and correct, forfeiting all rights to future claims, as Viva International, S.A. shall not be held liable in the case inaccurate information is submitted.

9. All requests for changes or corrections must be directed to the Customer Service division of Viva International, S.A., whom will process and transmit to the corresponding department.

10. The procurement of products and services through exploreviva.com is final and cannot be otherwise modified once issuance of proof of transaction.

11. Estimates or price quotations are subject to modification without previous notice until a valid reservation has been confirmed.

12. For security reasons, at the time of processing a transaction for one of our products or services, Viva International, S.A. may request some form of valid identification with your picture and signature. This is for identification purposes and to prevent fraud.

13. In some instances, Viva International, S.A. will require that you present the credit card billed at the time of purchasing a product or service offered through exploreviva.com. This helps us in preventing unauthorized use of credit cards. You will be notified on the payment details page whether or not you must present the credit processed at the time of your reservation.

PAYMENTS AND CANCELLATIONS

14. Viva International, S.A. accepts credit card payments for the procurement of the products and services offered through exploreviva.com.

15. Cancellation of a reservation placed through exploreviva.com may result in cancellation charges by Viva International, S.A. Upon cancelling any reservation, you will be notified via e-mail, fax or telephone of any applicable charges for your cancellation.

16. Viva Wyndham Resorts shall have the unrestricted right to cancel any in house or future reservations without any relocation penalties charges or consequences due to events beyond the reasonable control of Viva Wyndham Resorts, including acts of God, disasters, fire, earthquakes, hurricanes in the area, or any other cause reasonably beyond the parties’ control. Viva Wyndham Resorts will not be liable for any actions taken by clients or third parties because of the right to cancel exercised by Viva Wyndham Resorts.

LIMITATION OF LIABILITY DISCLAIMER

17. Under no circumstances shall Viva International, S.A. be held liable for any of the following damages or losses (foreseen, foreseeable, known or other damages): (a) loss of data; (b) loss of revenue or profit; (c) loss of business; (d) loss of opportunities; (e) loss of goodwill or moral distress; (f) damages suffered by third parties; (g) any indirect, special, consequential or punitive damages arising from the use of exploreviva.com, regardless of the legal action undertaken.

18. In addition, Viva International Inc. accepts no liability for any illness, theft, labor dispute, machinery breakdown, governmental restrictions, acts of war or terrorism, weather conditions, defective forms of transportation, accidents or other causes beyond their control.

19. Content posted on exploreviva.com, including information, names, images, photographs, logos, prices, dates and availability are provided in an “AS IS “ and “AS AVAILABLE “basis without any representations or warranty (either express or implied by law) to the maximum extent permitted by law, including implied warranties of satisfactory quality, suitable for a particular purpose, non-infringement, compatibility, security and accuracy.

20. Viva International, S.A. meticulously verifies the information listed of all products and services offered to assure its accuracy. However, we make no claim of the processes, the content or information provided on exploreviva.com will remain uninterrupted or to be error-free, flaws be corrected or that exploreviva.com or any server transmitting their data to be virus-free or free of errors.

21. After the procurement of services, some forms of communication between you and Viva International, S.A. is conducted in Spanish. We will contact you in your native language, upon request, when you reply to our initial Spanish language communication. Please be advised it may take a while before we will be able to process your request.

22. If any of these Terms is declared to be unlawful, void or unenforceable in accordance with the laws of any state or country in which these Terms should be in force, then to the extent and within the jurisdiction in which said term is illegal, null or unenforceable, it shall be deleted from the present Terms, maintaining the validity of the remaining terms, which shall remain in full force and effect and continue to be binding and enforceable.

LAWS AND COMPETENT JURISDICTIONS

23. Any lawsuit arising from the present Terms are subject to the compliance of the jurisdiction of the courts and tribunals of the Dominican Republic, in the competent and assigned territorial jurisdiction.

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