TERMS AND CONDITIONS
Please read these terms and conditions prior to using this site.
By using this site, you agree to the following terms and conditions:
OWNERSHIP AND RESTRICTIONS ON USE
This site is owned and operated by VIVA VIVAS, INC (“VIVA VIVAS”). All materials contained in this site are the copyrighted property of VIVA VIVAS. No material from VIVAVIVAS.COM or any Web site owned, operated, licensed, or controlled by VIVA VIVAS collectively or any one of which is referred to as “the Viva Vivas Sites” may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of VIVA VIVAS’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited. VIVA VIVAS owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Web Site.
To the extent the Web Site provides interactive capabilities that allow you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the VIVA VIVAS Sites any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, parallel universe or multiverse. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
REGISTRATION, PASSWORD AND SECURITY
When you register with VIVAVIVAS.COM, you will create a login name and a password in completing the registration process and will provide us with certain information. It is your responsibility to provide us with true and accurate information during the registration process. VIVA VIVAS will accept your information as it is provided to us. We will not verify the truth, accuracy or completeness of your information and we expressly disclaim any liability in connection therewith. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. It is also your sole obligation to immediately notify VIVA VIVAS of any unauthorized use of your account or any other breach of security.
MODIFICATION OF TERMS
VIVA VIVAS reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the VIVA VIVAS Sites subsequent to the revisions of these terms (including the VIVAVIVAS.COM Privacy Notice and Terms and Conditions applicable to VIVA VIVAS’s Internet Booking Application) means you accept those changes.
These terms are effective until terminated by VIVA VIVAS, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from the VIVA VIVAS Sites and all copies thereof, whether made under the terms of these terms or otherwise.
VIVA VIVAS, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to VIVAVIVAS.COM. Because VIVA VIVAS has no control over such web sites or resources, you expressly understand and agree that VIVA VIVAS is not responsible in any way or form for the contents, products, advertising, materials, services or resources contained on any other web sites and VIVA VIVAS does not endorse or sponsor any third party web sites. VIVA VIVAS is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services or resources available on or through such web sites.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIVA VIVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVA VIVAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIVA VIVAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT VIVA VIVAS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. VIVA VIVAS ADDITIONALLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF FARES AND PRICES (COLLECTIVELY, “FARES”) ADVERTISED ON THE VIVA VIVAS SITES AND SHALL NOT BE RESPONSIBLE FOR OR OBLIGATED TO HONOR ERRONEOUS OR INACCURATE FARES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VIVA VIVAS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF VIVA VIVAS OR A VIVA VIVAS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VIVA VIVAS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
This site is controlled and operated by VIVA VIVAS from its offices within the nation of Panama. VIVA VIVAS makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of Panama, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the local or federal courts located in Panama City, Panama and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
SHORE EXCURSION IMPORTANT CONDITIONS
Please read the following information before ordering any shore excursions online. These conditions are binding once you purchase any shore excursion provided by independent tour operators through VIVA VIVAS. The deadline for making shore excursion bookings online is 3 days prior to sailing, unless otherwise noted in the shore excursion description. All of the shore excursions listed on the VIVAVIVAS.com website may not be available for all dates.
All excursions are subject to change without notice. Descriptions, departure times, itineraries, pricing and locations may be altered and may vary due to unforeseen circumstances. Descriptions and excursion lengths are all based on approximate times and predetermined points of interest. Changes may be unavoidable and can be made at the tour operator’s sole discretion. Departure times and meeting places will be printed on the shore excursion ticket. As a delay may result in a missed excursion or interfere with the excursion’s normal operation, guests are required to report to the specified location, at the designated departure time.
You will be required to pay for your shore excursion order in full using our secure online credit card processing. You will receive instant online confirmation that your order has been paid in full. Your tickets will be delivered to your cabin prior to embarkation.
SHORE EXCURSION CANCELLATION AND REFUND POLICY
Shore excursions may be cancelled by VIVA VIVAS or the Tour Operator due to inclement weather conditions, or any other reason whatsoever. In which case, and as your sole recourse, full refunds will be made to guests who have purchased cancelled excursions.
Excursions may be canceled or modified depending on the number of guests participating. Some excursions require a minimum number of guests to operate. If this minimum is not met, excursions may be cancelled by the Tour Operator and full refunds will be issued.
For online cancellations that occur outside the cut-off window, 3 days prior to arrival, a full refund will automatically be posted to the credit card that was used to pay for the shore excursion order. Please allow 5-7 business days for the credit to post to your account. No changes can be made within the cut-off window. If you need to make changes after the cut-off date, you must wait until arrival and see the Shore Excursion Manager onboard. In the event of a cabin booking cancellation within the cut-off window, a full refund will automatically be posted to the credit card used to pay for the order.
If the designated contact person on a shore excursion order must cancel from their cruise booking and the remaining guests who are sailing would like to retain the shore excursion order, a new contact person needs to be assigned. If a designated contact person cancels and does not reassign the responsibility, the associated shore excursion orders will automatically cancel and be refunded.
Once onboard, cancellations are subject to a 25% cancellation charge. However, within 24 hours of arrival in port, all shore excursion orders are non-refundable. A refund, less any applicable cancellation charges, will be applied to the designated contact person’s sail and sign account. VIVA VIVAS will only offer shipboard credit for shore excursion order refunds, but note any credit not utilized by the end of your cruise will be refunded via check to the order’s designated contact person on the morning of debarkation.
Guests are encouraged to purchase a Vacation Protection Plan to cover any eligible non-refundable shore excursion cancellation charges.
VIVA VIVAS is not responsible for any losses, damage, death, injuries, or claims whatsoever arising from, connected with, or related to any activities engaged in by guests while off VIVA VIVAS’s ships or water shuttles in any seas. This includes all shore excursions, whether booked online, sold onboard or sold by third parties ashore. Guests engage in all such activities off the ship at their own risk.
VIVA VIVAS acts only as an agent for the independent tour operators supplying excursions or services. Independent contractors operate all shore excursions, including any related transportation. VIVA VIVAS neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. VIVA VIVAS sells tickets for all excursions as a convenience to guests only. Tour operators, transportation providers, and their employees are neither agents nor employees of VIVA VIVAS, notwithstanding their use of any signage or clothing which may contain the name “VIVA VIVAS” or other related trade names or logos. It is understood and agreed that VIVA VIVAS assumes no responsibility for, nor guarantees performance of, and in no event shall be liable for, any loss, damage, injury, or death in connection with said excursions or transportation. Please review your ticket for further information regarding your rights and obligations as well as those of VIVA VIVAS.
EXCURSIONS/TOURS & ACTIVITIES NOT SOLD BY VIVA VIVAS
VIVA VIVAS recommends that guests do not engage in excursions, tours or activities that are not sold through VIVA VIVAS as VIVA VIVAS has no familiarity whatsoever with these services or their operations.
Please note that there are certain restrictions based on age, health, weight and/or height, which have been imposed by the individual excursion operators for your own safety. VIVA VIVAS urges you to abide by them.
Tour operators have the right to require any individual to withdraw from an excursion at any time if they deem that individual’s conduct detrimental to or incompatible with the interests, comfort, well-being or harmony of the group as a whole. Tour operators reserve the right to alter or adjust excursions to meet local conditions for participant safety and convenience. Neither VIVA VIVAS nor local tour operators will extend financial reimbursement to compensate for a guest’s disappointment in the event that circumstances beyond the reasonable control of VIVA VIVAS or the tour operator make it impossible to provide services as intended.
HELICOPTER WEIGHT POLICY
The Federal Aviation Administration requires guests’ weights and names for weight and balance calculations as well as flight manifesting. Any guest whose weight is 250 pounds or more will be required to purchase a seat and a half. You must purchase the specific helicopter excursion for guests over 250 pounds or you will be refused service. Once onboard you may see the Shore Excursion Manager for assistance.
Prices for shore excursions are quoted per person, in U.S. dollars and are subject to change without notice. Prices also vary by departure date and time and are capacity controlled. Some restrictions may apply. Most prices include transportation and when noted, meals, refreshments, guides and entrance fees. On snorkeling, scuba and golf excursions, only the equipment specified is included in the price.
Children three years old or less, who do not occupy a seat, will not be charged and do not require a ticket unless noted in the shore excursion description. Children between the ages of 4 to 12 years and teens between the ages of 13 to 18 years will be charged full adult price or special child/teen prices, when applicable and noted. Guests under 18 years of age must be accompanied by an adult to participate in shore excursions. Some excursions require a minimum age to participate and will be noted accordingly.
Children 12 and under are required to wear life jackets at all times while onboard the fishing boat. Children must weigh 40 pounds or more to fit the life jacket and participate in the fishing excursion.
Neither VIVA VIVAS, nor the Tour Operators will be responsible for personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember coats, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout the shore excursion, under the guest’s custody and control.
Guests should consider that standards of transportation vary considerably throughout Panama. Air-conditioned motorcoaches are not available in many areas. In some destinations, local buses are the best available. Guests wishing to travel with friends should all leave the ship together, as this will help the shore excursion staff allocate sufficient space in the same vehicle.
Please note that motorcoaches and other forms of transportation may require guests to climb 2 to 3 steps. Most, but not all motorcoaches, can accommodate collapsible wheelchairs. Staff is not obligated to lift guests into or out of vehicles. Transportation via water shuttle may prevent guests in wheelchairs from going ashore at certain ports of call. For further information about specific excursions’ transportation accessibility, please look for the accessibility advisories online, represented by a blue wheelchair icon or see the Shore Excursion Manager onboard.
REQUIRED DOCUMENTATION & IDENTIFICATION
It is the responsibility of the guest to provide valid travel and medical history documents required for air travel, debarkation at various ports of call and re-entry into the appropriate country of origin.
Your Satoshi ID will serve as your identification card when you re-board the ship in a port of call. Remember to take it with you whenever you go ashore. You will be required to show it to a VIVA VIVAS security officer in order to re-board the ship.
THE SHOPS ONLINE IMPORTANT CONDITIONS
Please read the following information before ordering anything from The Shops online. All online orders are subject to these shopping terms & conditions.
All orders are accepted up to and no later than two days prior to debarkation date. Prices and deadlines are subject to change without notice. Holidays and changes in the itineraries may cause shorter deadlines. Some products, such as flowers, are time sensitive and must be ordered within a specific time frame prior to sailing (varies by ship port). ALL ORDERS MUST BE PREPAID. In the event an item is not available at the time of sailing, an item of equal value will be substituted. The Shops Online products may be subject to sales tax depending on the location of delivery.
Alcohol orders are not permitted to be taken to any location outside of the approved delivery locations specified for those products at checkout. This program is designed for in-cabin entertaining or in-dining consumption only. Consumption in public areas is strictly prohibited.
Cruise Cash provides an immediate credit to a guest’s onboard Sail & Sign account. Although the cruise cash cannot be redeemed for cash, the cruise cash is a non-refundable credit that can enhance a guest’s cruising experience; the credit can be applied to cover charges to their onboard account, including taxes and gratuity charges. The total amount of the Cruise Cash purchased must be used in a single voyage, cannot be transferred to any future booking, and any unused credits will be forfeited.
CRUISE CASH BAR
Cruise Cash Bar provides an immediate credit to a guest’s Sail & Sign onboard account; this credit can be applied to cover any bar purchase, including CHEERS, alcoholic drinks, juice, soda, water, and coffee shop charges. Cruise Cash Bar is valid for a single voyage and cannot be transferred to future bookings. Cruise Cash Bar is non-refundable and any unused credits will be forfeited.
CRUISE CASH PHOTO
Cruise Cash Photo provides an immediate credit to a guest’s Sail & Sign onboard account; this credit can be applied toward Photo purchases. This credit is good for any photo department charge made to their account including photos, camera batteries, cameras, and photo albums. Cruise Cash Photo is valid for a single voyage and cannot be transferred to future bookings. Cruise Cash Photo is non-refundable and any unused credits will be forfeited.
Formalwear rentals are only available for pre-cruise orders. Formalwear inventory is not kept onboard, therefore, selections cannot be exchanged onboard for alternate colors or sizing. The delivery and formalwear rentals are provided by an independent contractor; VIVA VIVAS assumes no responsibility for the acts of the independent contractor.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.