Terms & Conditions
THESE TERMS AND CONDITIONS MUST BE READ BEFORE USING THE SERVICES OFFERED THROUGH THE SITE AND OTHER MEANS. THE USAGE OF ANY PART OF THE SERVICES INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The https://vio.travel/ site is managed by Experience Asia Travel Ltd doing business as Vio Travel including its subsidiaries and affiliated companies (“we”, “us”, “our” or “Vio Travel”). By accessing and/or using any part of the Site, you acknowledge that you have read and understood, and agree to the Terms and Conditions. If you do not agree to be bound by these Terms, you may not access or use any part of the Site. These Terms constitute a binding legal agreement between you as an individual user (“you” or “your”) and Vio Travel. You must be at least eighteen (18) years old to use the Site.
Please note that we may change, modify, add and delete these Terms at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavors to provide notice of material changes on the Site.
1. SCOPE OF OUR SERVICES
Vio Travel provides an online platform where you can browse different types of travel destinations, accommodation or other services (“Services”). Users can make bookings of services provided by hotels, airlines, or other transportation operators, tourist attraction operators, travel agencies, telecommunication operators and/or any other service providers (“Suppliers”) on the Site.
Although we will use our expertise with caution in performing the Services, we do not verify, and do not guarantee, that all information provided by Suppliers that is available on the Site is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information of Suppliers or non-delivery of information by Suppliers.
Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided by Suppliers that is available on the Site to be inaccurate or not applicable.
In providing the Services we provide an online platform to connect you with Suppliers. To the extent permitted by law, we are not responsible or liable for the acts or omissions of a Supplier, and you have sole responsibility for any obligations or liabilities to Suppliers. We do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Suppliers listed on the Site, and in no event shall we be responsible or liable for any information, content, products, services or other materials provided or made available by Suppliers.
To the extent permitted by law, we have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Supplier, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, history of breaches of these Terms.
By making a booking, order or reservation through the Site, you accept and agree to the terms and conditions of applicable Suppliers, including policies regarding cancellation and/or absence, or your specific requests which may be given to the Suppliers.
Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, Vio Travel may have the right to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the cancellation.
Cancellation for air and hotel services is bound by the conditions of the supplier which the service is booked. Vio Travel will endeavor to seek refund for the client, but it is at the Suppliers discretion if they will refund.
Cancellation for land service including transport, tours and activities:
- 30 days prior to departure – 25% cancellation charge
- 15 days prior to departure – 50% cancellation charge
- 7 days prior to departure – 100% cancellation charge
For the purposes of this clause, FORCE MAJEURE EVENT means any fire, flood, earthquake or act of God and any other natural disaster, riot, act of terrorism, war, civil disorder, rebellion or revolution, strikes, lockouts and labour disputes, epidemics, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority, or any other event beyond the reasonable control of the Local Travel Agent, but in each case only if and to the extent that the Local Travel Agent is without fault in causing the event.
3. TRAVEL ADVICE
By displaying particular destinations, Vio Travel does not represent or warrant that travel to such destinations is advisable or risk-free and Vio Travel is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall Vio Travel be liable for any incidents occurring during your trip or your stay. You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. To the extent permitted by law, Vio Travel is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport and any other reasons caused by you.
You shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise) applicable to you prior to finalizing your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over or transiting in. Vio Travel has no obligation and is not responsible for notifying you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. You are responsible for ensuring you have the relevant insurance for travel and Vio travel shall not be responsible for the same. Furthermore, Travel be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
Ratings shown on the Site are only provided for the information of users only, and existing ratings are based on the information given by third parties such as suppliers, users or other review websites. We do not verify the rating given and are therefore not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall Vio Travel be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.
5. ADDITIONAL CHARGES & REFUNDS
Each price listed on the Site is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances it may not include taxes and other service charges (e.g., tips for tour guides, other facilities charges (if any), and other charges/fees which may arise from the use of services other than those provided by Vio Travel (if any)).
You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. You must verify the booking on the booking sheet, and you may cancel the booking at any time before the final confirmation is done. The prices shown are detailed so that you can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to you.
6. USER ACCOUNT
You must create an account to use the Services. Vio Travel will collect and process your personal information, such as your name, electronic mail (e-mail) address, and your mobile phone number when you register to set up an account. You must provide us with accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request.
Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason unless permitted by Vio Travel.
You cannot assign or transfer your account to any other party.
You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). Subject to any rights you may have at law, you hereby declare that Vio Travel is not responsible for any loss or damage arising from the misuse of your account.
If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
Vio Travel has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking, deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms).
The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
- breach of these Terms,
- prohibitions in law or regulations,
- fraud or theft (or indication or suspicion of fraud or theft),
- suspicion of criminal activity,
- suspicious ordering,
- your inappropriate behavior, threats, or insults,
- refusal to provide information,
- practical impediments,
- communication difficulties or breakdowns.
7. PAYMENT DETAILS AND PROCEDURES
Payments are made in the amount and currency as stated, not including bank fees or any other charges by Vio Travel.
Vio Travel does not collect taxes or levies. If a hotel or city destination charges taxes, those taxes are the responsibility of the user.
For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Vio Travel reserves the right to cancel all reservations.
For other payment methods such as credit card, you must follow the procedures stated by Vio Travel and/or the relevant payment service provider.
8. PAYMENT BY CREDIT CARD & FRAUD
For payment of bookings placed through the Site, your credit card will be billed by Vio Travel for the full price at the time of booking and confirmation of the booking (any refund that may be given will depend on the conditions of the existing reservations). You must check the booking details thoroughly each time before you make a reservation. Vio Travel will process any refund, as applicable, within a reasonable period. For certain reservations, you may have to pay the Supplier directly. In order to safeguard and encrypt your credit card information when in transit to us, we use encryption technology such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to ensure the integrity of your information.
In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Vio Travel has no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Vio Travel services (including, but not limited to, other than where this arose from the fraud, negligence or willful action of Vio Travel or as otherwise required by law.
To make a reservation you must be aged over eighteen (18) years old and have full legal capacity to make the transaction (or have authorization from your legal guardian). You must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of Vio Travel.
9. RIGHTS AND OBLIGATIONS
Vio Travel hereby grants the user certain limited rights (constituting a “Limited Licence”), which cannot be transferred or assigned, to access and use the Site to the extent expressly permitted by these Terms. In connection with this Limited Licence, we are not granting you any other rights or licences with respect to use of the Site; rights or licenses not expressly granted, are reserved by Vio Travel or other third party owners of such licence. Content available on the Site, including any information, data, text, images, sound, graphics, video, messages, reviews, or other materials, including the software infrastructure used to provide the Content (the “Content”), is wholly owned by Vio Travel or its suppliers and service providers, including but not limited to the Suppliers (as applicable). You can use the Site to place orders and you hereby guarantee that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
You agree to not use the Site or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violates these Terms. Except with the written consent of Vio Travel, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site.
10. RIGHTS TO USER CONTENT
Users have the rights to submit a review in respect to the selection of Suppliers. By doing so, you hereby agree to be bound by the terms and conditions as set out in this section.
In providing a review which may or may not contain any media to the Site, you agree to ensure that:
- you own and control all of the rights to the reviews and its content that you provide to the Site;
- you grant us a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your reviews, including all intellectual property rights therein, in connection with our business operations including the operation and management of the Site;
- the content of the review is accurate and contains no misrepresentations; and
- the use or performance or transmission of the content of the review does not violate these Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
You must bear all responsibility for the content of the reviews that you provide or submit.
Reviews provided by you will be deemed to not contain confidential information and Vio Travel shall have no obligation to treat any review as confidential information.
In no event will Vio Travel be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or any materials or content available through the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.
You agree that you will be responsible for your use of the site, and you agree to defend and indemnify Vio Travel from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the app; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.
13. GENERAL DATA PROTECTION REGULATIONS
This clause Vio Travel: –
- Complies with data protection law and follows good practice;
- Protects the rights of users;
- Is open about how we store and process individuals’ data;
- Protect ourselves from data protection risks such as breaches of confidentiality, failure to offer choice and reputational damage.
Under the GDPR, the data protection principles set out the main responsibilities for us. Article 5 of the GDPR requires that personal data shall be: –
(a) Processed lawfully, fairly and in a transparent manner in relation to individuals;
(b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
(d) Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
(e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; (f) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.
Under the GDPR, there is requirement to have a valid lawful basis in order to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR: –
(a) Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose;
(b) Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract;
(c) Legal obligation: processing is necessary for compliance with a legal obligation;
(d) Vital interests: processing is necessary to protect the vital interests of a data subject or another individual;
(e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
The GDPR provides the following rights for users: –
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights in relation to automated decision making and profiling.
14. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.