Conditions of Service
Last updated on 01/06/23
Terms and Conditions
When you complete your Booking, you accept these Terms and all other terms and conditions provided to you during the booking process.
If any provision of these Terms is (or becomes) invalid or unenforceable :
it will still be applied to the fullest extent permitted by law;
you will still be bound by the other provisions contained in the Terms.
These Terms are set out as follows:
- Section A: general conditions, for all types of Travel Experiences.
- Section B: conditions specific to Accommodation products and services
- Section C: Private and public transport
In the event of any discrepancy between the general and specific conditions, the specific conditions will apply.
SECTION A: general conditions.
A1. About viventiumhotels.com
When you book accommodation on viventiumhotels.com, Viventium provides you with the Platform for which it is responsible, but is not responsible for the Travel Experience (see A4 below).
A2. Our Platform
We take reasonable steps to make our Platform available, but we cannot guarantee that all the information it contains is accurate (we obtain information from Service Providers). To the extent permitted by law, we cannot be held responsible for any errors, interruptions or missing information – although we will do our utmost to correct/repair them as soon as possible. Our Platform does not constitute a recommendation or endorsement of any Service Provider or their products, services, facilities, vehicles, etc.
We are not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
To make a Booking, please ensure that all your details (including payment and contact details) are correct and up to date. Failure to do so may prevent you from accessing your Travel Experience(s). You are responsible for all actions taken on your Account, so do not let anyone else use it and please keep your username and password secret.
We will show you offers that are available in both English and French.
Unless otherwise stated, you must be at least 16 years old to use the Platform.
A3. Our values
You will :
- comply with all applicable laws;
- co-operate with any anti-fraud/anti-money laundering checks we are required to carry out;
- not use the Platform to cause annoyance or make false Bookings;
- use the Travel Experience and/or the Platform for its intended purpose;
- refrain from causing inconvenience or damage, and from behaving inappropriately towards the Service Provider’s staff (or any other person in this regard).
When you make a Booking, you agree to pay the price of the Travel Experience, including all charges and taxes that may apply.
Some of the rates shown may have been rounded to the nearest whole number. The fare you pay will be based on the original “unrounded” fare (although the actual difference will be minimal in any event).
Obvious errors and misprints are not binding. For example: if you book a night in a luxury suite that was mistakenly quoted at €1, we can simply cancel that Booking and refund the amount you paid.
A crossed-out rate indicates the rate for an identical Booking without the price reduction applied (“identical” means same dates, same conditions, same quality of accommodation/vehicle/class of travel, etc.).
For some products/services, the Service Provider will require an Initial Payment and/or a payment taken at the time of your Travel Experience.
If we arrange your payment, we (or in some cases our affiliate in the country where your payment is made) will be responsible for processing your payment and completing your transaction with our Service Provider. In this case, your payment constitutes final settlement of the fee “due and payable”.
If you are charged by the Service Provider, this will usually be in person at the start of your Travel Experience, but it may also be (for example) that your credit card is charged when you book, or that you are required to pay when you check out of your Accommodation. This will depend on the Service Provider’s Initial Payment terms which were communicated to you during the booking process.
If the Service Provider requires an Initial Payment, this may be deducted or pre-authorised when you make your Booking and may be non-refundable. Therefore, before booking, please check the Service Provider’s Upfront Payment terms (available during the booking process), over which we have no control and for which we are not responsible.
If you are aware of or suspect fraud or unauthorised use of your Payment Method, please contact your Payment Provider, who may cover the resulting costs, sometimes by deducting an excess.
The currency selected on the Platform cannot be changed and is at the rate applied by the debtor bank.
When you make a Booking, you accept the applicable conditions as displayed in the booking process. The cancellation policy of each Service Provider and all other terms and conditions (relating to age requirements, deposits/guarantees, supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.) are available on our Platform: on the Service Provider’s information pages, during the booking process, in the terms and conditions and/or in the confirmation email or on the ticket (where applicable).
If you cancel a Booking or fail to show up, the cancellation/no-show charges and any refund will depend on the Service Provider’s cancellation/no-show policy.
Some Bookings cannot be cancelled free of charge, while others can only be cancelled free of charge before a cut-off date.
If you book a Travel Experience by paying in advance (including all components of the fare and/or a security deposit, if applicable), the Service Provider may cancel the Booking without notice if it is unable to collect the balance by the specified date. In this event, any non-refundable payment you have made will only be refunded at the Service Provider’s discretion. It is your responsibility to ensure that payment is made on time (that your bank, debit or credit card details are correct and that there is sufficient money in your account).
If you think you will not arrive on time, please contact your Service Provider and tell them your arrival time so that they do not cancel your Booking. If you are late, we are not responsible for the consequences of this (e.g. cancellation of your Booking or any fees that the Service Provider may charge).
As the person making the Booking, you are responsible for the actions and behaviour (in relation to the Travel Experience) of each member of the group. You are also responsible for obtaining their permission before providing us with their personal data.
If you have any accessibility requests:
- concerning our Platform and/or our services, please contact our Customer Service ;
- concerning your Travel Experience (wheelchair access, walk-in baths, etc.), please contact your Hotel Service Provider,
A8. Intellectual Property Rights
Unless otherwise stated, all rights in our Platform (technology, content, trademarks, trade dress, etc.) are owned by The Company (or its licensors) and by using our Platform, you agree to do so only for the purposes and subject to the conditions set out in the preceding paragraphs,
You may not monitor, copy, retrieve/explore, download, reproduce or use anything on our Platform for commercial purposes without the written permission of The Company or its licensors.
We closely monitor every visit to our Platform, and will block anyone (and any automated system) that we suspect of:
Performing an unreasonable number of searches; Using any device or software to collect rates or other information; Performing any activity that exerts an excessive load on our Platform.
A9. What should I do if I have a problem?
If you have a question or complaint, please contact our Customer Service department. You can do this by accessing your Booking, via our website or via our call line, where you will also find useful FAQs. You can help us to intervene as quickly as possible by providing :
- the Booking number, your contact details, your confidential code (if you have one) and the e-mail address you used when making your Booking
- a summary of the problem, indicating how we can help;
- any supporting documents (bank statements, photos, receipts, etc.).
All requests and complaints are recorded and the most urgent are given priority.
A10. Communication with the Service Provider
We can help you communicate with your Service Provider, but we cannot guarantee that they will read the information you send them, or that they will do what you ask of them. Just because you contact them, or they contact you, does not mean that your reasons for taking legal action are legitimate.
A11. Action against unacceptable behaviour
We have the right to prevent you from making Bookings, to cancel any Bookings you have already made and/or to prevent you from using our Platform, Customer Service and/or your Account. Of course, we will only do this if we believe there is a good reason to do so – such as in the following cases:
- fraud or abuse ;
- non-compliance with our values, or with applicable laws or regulations;
- inappropriate or unlawful behaviour (e.g. violence, threats or invasion of privacy) towards us, any of the companies we work with – or any other person.
If we cancel a Booking for this reason, you will not be entitled to any refund. We may tell you why we have cancelled your Booking unless doing so (a) would be contrary to applicable law and/or (b) would prevent us from detecting or preventing fraud or other illegal activity. If you believe that we have cancelled your Booking in error, please contact Customer Services.
A12. Limitation of Liability
To the extent permitted by mandatory consumer protection legislation, we will only be liable for costs incurred by you as a direct result of a breach by us. This means that, to the extent permitted by law, we will not be liable (by way of example) for any of the following:
- indirect loss or damage including the price of the holiday,
- inaccurate information about a Service Provider;
- product, service or action of a Service Provider or other business partner;
- an error in an e-mail address, telephone number or credit card number (unless caused by us);
- force majeure or an event beyond our control.
If you breach these Terms and/or the terms of the Service Provider, to the extent permitted by law :
- we will not be liable for any costs you incur as a result and you will not be entitled to any refund.
To the maximum extent permitted by law, the maximum for which viventiumhotels.com, or any Service Provider, will be liable (whether for one event or a series of linked events) is the cost of your Booking as set out in your confirmation email.
We make no promises about the products and services of Service Providers (other than as expressly stated in these Terms). Making the right choice(s) is your sole responsibility.
For clarity: nothing in these Terms will authorise any third party other than the Service Provider to do anything.
You may be protected by mandatory consumer protection laws and regulations, which provide you with rights that no business terms can replace. In that case, our liability is determined not only by these Terms, but also by applicable consumer protection laws and regulations.
A13. Applicable law and competent authorities
To the extent permitted by mandatory local (consumer protection) law, these Terms and our services shall be governed by French law.
To the extent permitted by binding local law (on consumer protection), any dispute shall be exclusively submitted to the competent courts of France (la reunion).
This section contains the conditions specific to the Accommodation products and services.
B1. Contractual relationship
Each Booking you make is made directly with the Service Provider. We are not a “contracting party” to your Booking.
viventiumhotels owns and operates the Platform. Our Platform only shows Accommodations that have a commercial relationship with us, and it does not necessarily show all of their products or services. Information about Service Providers (e.g. facilities, house rules and sustainability measures) and their Travel Experiences (e.g. rates, availability and cancellation policy) is based on data they provide to us. They are responsible for ensuring that this data is accurate and up to date.
B2. Our service
We provide the Platform on which Service Providers can promote and sell their Accommodation – and you can search, compare and book them. Once you have booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the name(s) of the guest(s). Depending on the terms of your Booking, we may be able to assist you in amending or cancelling it if you wish.
B3. What do you need to do?
Fill in all your details correctly so that Viventiumhotels.com and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
Carefully read these Terms and Conditions and those displayed during the booking process.
Take care of the Accommodation and all furniture, equipment, electronic devices and other items, and leave it in the same condition as you found it when you arrived. If anything is broken, damaged or lost, be sure to report this to the staff on site (as soon as you can, and especially before you leave).
Keep the accommodation and its furnishings safe during your stay. For example, do not leave doors or windows unlocked.
B4. Rates and payment
Please refer to the “Rates” (A4) and “Payment” (A5) sections above.
B5. Amendments, cancellations and refunds
See “Conditions” (A6) above.
B6. What else do you need to know?
Conditions relating to the security deposit
When you make a Booking, you may see that some Service Providers refer to “Security Deposit Conditions”. This means that if a member of your party loses or damages anything :
you must inform the Service Provider ;
instead of billing you directly, the Service Provider will have 14 days to submit a damage claim under your booking number;
we will let you know if they submit such a claim so that you can tell us if you have any comments and whether or not you agree with the charges – then :
- if you agree, we will invoice you on their behalf;
- if you disagree, we will look into the matter and decide whether or not to discuss it further*.
- The maximum amount that the Service Provider may charge you via our platform under the security deposit terms is set out at the time of your Booking.
Any payment you make will be between you and the Service Provider – we will simply manage it on behalf of the Service Provider.
The conditions relating to the security deposit do not cover general cleaning, normal wear and tear, crime (such as theft) or non-physical ‘damage’ (e.g. fines for not smoking or bringing pets).
The Service Provider may require a ‘security deposit’ before or at check-in. If this is the case, we will inform you at the time of your Booking – but this has nothing to do with the “security deposit conditions”. We will not be involved in any financial settlement relating to security deposits. * In the event of damage, the Service Provider may still decide to take (legal) action against you outside the terms of the Security Deposit, in which case the maximum amount (see point 6 above) will not apply.
This section contains conditions specific to Private Transport and Public Transport products and services.
C1. Contractual relationship
When you book Private Transport or Public Transport in advance, your Reservation is made directly with the Service Provider. When you book on-demand Private Transport, your Reservation is made with the third-party Aggregator. In all cases, our Conditions are governed by the booking process.
Private Transport booked in advance. You and the Service Provider agree to comply with these Conditions.
Public Transport and Private Transport on Demand.
The conditions of the Service Provider will be indicated during the booking process. In the event of any discrepancy between the Service Provider’s conditions and our Conditions, the Service Provider’s conditions will apply. Private transport on request. By making a Booking, you confirm that you :
have read and accepted the Service Provider’s terms and conditions ;
agree to contact the Service Provider directly in the event of a problem;
understand that the Service Provider is responsible for arranging the Private Transport and making it available to you, choosing the route, setting the fares and providing all relevant information;
accept that we only provide a booking platform (API service), and that we will not be liable for any loss caused by any action or omission of the driver/Service Provider.
C2. Our service
We provide the Platform on which Service Providers can promote and sell their Travel Experiences – and you can search, compare and book them.
Once you have made a Booking, we will forward your details (such as your name, telephone number and pick-up location) to the Service Provider.
All private transport. We will send you the details of the Service Provider.
Private transport booked in advance. We will ensure that the Service Provider knows the size of vehicle you have requested.
Public transport. We will send you your ticket(s) or tell you how to collect them.
C3. What do you have to do?
You must check the details of your Booking carefully and give us all the information we need to organise your Booking (your requirements, contact details, etc.). You must ensure that all members of your party comply with our Terms and Conditions and (where applicable) the terms and conditions of the Service Provider, which you have viewed and accepted during the booking process. You agree that in the event of any breach of these Terms :
- you may have to pay additional charges;
- your Booking may be cancelled;
- your driver may refuse to take you.
Please note that journey time estimates do not take into account traffic conditions.
All private transport. You must ensure that all passengers arrive at the pick-up location on time.
All private transport. At and around the Pick-up Time, your telephone (corresponding to the number you entered when making your Booking) must be switched on and able to receive calls/messages, in case the driver needs to contact you. We cannot guarantee that he will be able to contact you via messaging applications such as WhatsApp or Viber.
Private transport booked in advance. For all airport pick-ups, you must provide us with your flight details at least 24 hours before the Pick-up Time, so that your Service Provider can adjust the Pick-up Time if your flight is delayed. If we are unable to provide Private Transport due to a flight delay or cancellation, please contact our Customer Service Department.
Public transport. You must ensure that all passengers arrive on time, allowing sufficient time to collect tickets if necessary. You must be at least 18 years of age to make a Reservation. All passengers under the age of 18 must be accompanied by a responsible adult. You must ensure that no passenger behaves inappropriately (e.g. is abusive or behaves in a way that could endanger others). You must ensure that you choose suitable private/public transport (depending on the size of the group, amount of luggage, accessibility requirements, etc.).
C4. Rates and payment
Viventiumhotels.com is the official vendor for your Reservation. To find out more about our payment process, please refer to the “Payment” section (A5) above.
Private transport booked in advance. The fare includes tolls, congestion charges, taxes and peak period surcharges. Payment is made at the time of booking.
Private transport on request. The fare will be confirmed (and payment debited) when your driver drops you off. The fare may differ from the estimate given at the time of booking. Tolls, congestion charges, taxes, peak-period surcharges and tips are your responsibility.
Public transport. Payment is made when your Booking is confirmed. Before your departure, the Service Provider may ask you to show your ticket(s)/e-ticket(s). Keep it with you at all times, failing which you may have to pay for it again. The Service Provider/driver is not obliged to accept any changes to the Journey that you request in person. If they do, they may charge you a supplement.
C5. Amendments, cancellations and refunds Cancellation
In most cases…
Private transport booked in advance. You can cancel free of charge up to 24 hours before the pick-up time (2 hours in some cases, check your confirmation). If you do not cancel in time, you will not be entitled to a refund.
Private transport on request. You may cancel at any time before the Pick-up Time, but the Service Provider may charge you a cancellation fee.
Public transport. You will probably not be entitled to a refund once your Booking has been confirmed. If your plans change, please contact Customer Services to discuss your options.
If your Service Provider has different cancellation policy (which will be displayed at the time of Booking), their policy may apply instead.
viventiuhotels.com and/or the Service Provider may cancel the Booking with little or no notice. However, this will only occur in very specific situations. For example, in the following cases:
- the Service Provider becomes insolvent or is genuinely unable to honour your Booking, in which case we will endeavour to find alternative transport (and will refund you in full if we are unable to do so);
- you breach these Conditions and/or the conditions of the Service Provider – in which case you will not be entitled to a refund.
- Modifications (changes) before the start of your Journey
- Private transport booked in advance. Your confirmation email will tell you how much notice you need (before the pick-up time) to request changes to your Booking (such as location or time).
- Private transport on request. To change your Reservation, you may need to cancel it (which may incur a cancellation fee) and create a new one.
- Public transport. Once confirmed, you cannot change your Booking.
If viventiumhotels/Service Provider needs to change your Booking (e.g. in the event of a strike disrupting your journey), we will inform you as soon as possible. If you then decide to cancel :
- All transport. Unless you cancel for one of the reasons set out in the following point, you will be entitled to a full refund (regardless of the time remaining before your journey).
- All private transport. If the change is simply a change of Driver, Service Provider or (similar) vehicle, you will not be entitled to a refund (unless you cancel well in advance).
In all cases, viventiumhotels.com or the Service Provider will not be responsible for any costs you may incur (e.g. alternative transport or hotel accommodation).
If you wish to request a refund, you must do so in writing no later than 14 days after your Pick Up Time.
It may take up to 5 working days for the refund to appear on your account.
All private transport. If your driver is not at the pick-up location on time, you can request a refund, and we will consider this request for you.
All private transport. You will not be entitled to any refund if your Journey does not take place as planned for the following reasons:
- the driver/service provider is unable to contact you ;
- one or more passengers are not at the pick-up location at the scheduled time and you have not changed the Pick-up Time;
- the changes you have requested to the Pick-up Time or the Journey are unreasonable;
- you fail to inform viventiumhotels.com/Service Provider/Driver of a change you wish to make;
- the information you provided when you booked your private Transport (pick-up location, contact details, number of people, quantity of luggage, etc.) is incorrect;
- an action or omission by one or more passengers.
C6. What else do you need to know?
Private transport booked in advance
Please check your confirmation e-mail to find out how long the driver will be waiting at the pick-up location.
Private transport on request
The driver is not obliged to wait once the pick-up time has passed. If he does, he may charge you for the waiting time. You may be charged a cancellation fee if you do not arrive at the pick-up location at the scheduled time.
Repair or cleaning costs
If repairs or cleaning are required because a member of your party has behaved unreasonably or breached these conditions, you will be responsible for the repair/cleaning costs.
“Accommodation” means the provision of an accommodation service by a Service Provider.
“Service Provider” means the provider of the accommodation service.)
“Booking” means the booking of a Travel Experience on our Platform, whether paid for immediately or at a later date.
“viventiumhotels.com”, “we”, “us” or “our” means SAS CCC.
“Booking Confirmation” means the confirmation email and voucher we send to you explaining the details of your Booking.
“Currency Exchange Rate” means the rate we use to convert a currency.
“Payment Method” means the payment method you use to make a payment or transfer money (credit card, debit card, bank account, PayPal, ApplePay, etc.).
“Platform” means the website/application on which you can book Travel Experiences, owned or operated by viventiumhotels.com or a third party affiliate.
“Pre-booked Private Transport” means a private vehicle that you request at least two hours before arriving at the pick-up location.
“Private Transport Route” means the private transport route specified in the Booking (including any changes made after the Booking).
“Public transport” means trains, buses, trams and any other type of public transport.
“Public transport journey” means the public transport journey indicated in the Reservation (including any modification made after the Reservation).
“Rental Contract” means the contract between you and the Service Provider, which you sign at the time of Pick Up. A summary of the main terms and conditions will be sent to you during the booking process.
“Service Provider” means the provider of a product or service associated with a trip on the Platform, including but not limited to: the owner of a hotel or other establishment (for an Accommodation Booking),
“Services” (in the “Private and Public Transport” section) means the provision of a Public Transport Trip or a Private Transport Trip.
“Terms” means these Terms of Service.
“Third Party Aggregator” means a company that acts either (a) as an intermediary between you and the Service Provider or (b) as a reseller of a Travel Experience.
“Initial Payment” means a payment you make when you book a product or service (and not when you use it).