Terms of service

Welcome to viviTravels.com, a service provided by Kframe Interactive S.A.("Kframe") with which you can access and receive news and information on trips, traditional airline and low-cost flights and other travel offers.

The website allows you to search for and find air tickets, compare and process your reservations and ticket purchase requests with major airlines. Kframe Interactive S.A. is a Swiss company (No. IVA: CHE-114.900.703 IVA-No. Reg.CH-501.3.012.952-5 B.V.), at Via Penate, 16 - CH-6850 Mendrisio Switzerland.

Payment services using your credit card are made through secure transaction services, which are managed by Kframe through its own banking partners.

Kframe informs you that when you buy travel products on its websites you may be offered travel insurance. The company assurance shall be liable for any errors, negligence or incorrect information that may be supplied in relation to its intermediation activities

We ask you to please read carefully and agree to the following terms and conditions ("T&C") that govern the service (the "Service") that Kframe makes available at its URL www.vivitravels.com , www.vivisail.com, www.viaggiaresumisura.com, and all the sites that are linked to domains VIVI (the "Website").  Kframe reserves the right to modify the T&C without notice when said modifications become necessary due to changes in market conditions, changes in rules and regulations, or in case of modifications to the risk factors with respect to Kframe's provision of the Service through the Website. The updated version of the T&C will always be available on the web page located at www.vvitravels.com. If you wish to take full advantage of the Service and be constantly informed about travel news, the various travel offers available, as well as use our search engine to search, book and purchase tickets while comparing prices of Partners (the Partner, travel or tour operators that offer their services, products, travel on the Website to get in touch with users.) and book your trip, it is necessary that you register, entering your full and accurate personal information.

Please take into account that the access and use of the Website's free functionality requires the acceptance of these T&C on your part.

For further information please take a look at our FAQs here, or send us an email to team@vivitravels.com

REGISTRATION

To register to the Service, the user (the “User”) shall complete the registration process available on the Website and obtain their personal authentication credentials.

The User represents and warrants that all personal data and information provided during the registration process are up to date, complete, accurate and true. The User undertakes to communicate to Kframe any changes of his/her personal data in a timely manner.

The User authorizes Kframe to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Kframe during such verification.

At the end of the registration process, the User will receive authentication credentials, consisting of a user Id (User ID) and a secret password (Password) for which the User shall be solely responsible for in relation to their possession and for the activities carried out through their use.

Should the User have knowledge of any unauthorised use of his authentication credentials and/or any other violations of their confidentiality, the User undertakes to promptly communicate to Kframe knowledge of such unauthorized use and/or violation, reporting abuse of any kind to: assistenza.clienti@vivitravels.com

The User acknowledges that in order to regulate access to the Service, his/her authentication is exclusively linked to the verification of his User ID and password. Therefore, the User is liable for any possible damage caused or prejudices against Kframe or third parties caused by the use, loss, misappropriation and/or compromising of the confidentiality of the User ID and password. All operations carried out through the User ID and password of the User shall be attributed to the User of such operation and requests. The User acknowledges that Kframe shall also produce, as evidence of the operations carried out by the User, proofs obtained by the systems and procedures used by Kframe in order to regulate access to the Website and to provide the Service.

DESCRIPTION OF THE SERVICE

Once the registration process is adequately completed, the User will be able to fully access Kframe's Service, through the Website (viviTravels.com and all the sites with domain VIVI) provide an online platform that allows our partners (tour operators) to advertise their destination, their itineraries for the "creation" of tailor-made trips and visitors site to make inquiries / bookings.

By making a reservation through the My Website, the user establishes a direct contractual relationship (binding in legal terms) with our partner from whom made ​​ request / booking

Since the above-mentioned reservation, we will exclusively as intermediaries between the user and the Partner, the Partner transmitting the relevant details of the inquiry / booking and sending the user an e-mail confirmation on behalf of the Partner.

In providing our services, we disclose the data that we have been provided to the Partner.

All Partners are therefore given access to an extranet, which are totally responsible for what concerns the updating of destinations, itineraries, hotels, activities, rates, availability and other information displayed on our site web.

Although we pay our service with diligence and attention, we are unable to verify and ensure the accuracy, completeness and correctness of the information, nor can we be held responsible for any errors (including manifest and typographical errors), interruption of service (whether due to failure (temporary and / or partial), repair, upgrade or maintenance of the website or otherwise), for inaccurate, misleading or false or non-delivery.

Each Partner is responsible for fully and directly any time the accuracy, completeness and correctness of the (descriptive) information, including itineraries, hotels, activities, rates and availability displayed on our website. Our site is not intended, and should not be seen in this light, to recommend or support any Partner marketed on the same, in terms of quality, service level or classification.

LIABILITY OF PARTNERS

By making a reservation with a partner, the user approves the respective rules, insurance and general terms and conditions of sale apply to your request / booking. The Partner’s rules, insurance and general conditions of sale are available on the Website Information pages about the partner, his travels, as well as the procedure for requesting quote and booking confirmation email.

CREDIT CARD

In the event that the Partner requiring the user's credit card details in order to guarantee the reservation, we will send the credit card information directly to the partner travel agency to which you made ​​your reservation and, at the same time, we will verify its validity. In order to safeguard and encrypt your credit card information when in transit to, we use the "Secure Socket Layer" (SSL).

For certain rates or special offers, the credit card may be pre-authorized or charged (sometimes without refund) upon reservation and confirmation of booking.

Before making your reservation, you must carefully check the presence of these conditions in detail regarding the offer of travel, hotels, activities, and rates.

CANCELLATION

For certain rates or special offers are not permitted cancellations or changes. Before making your booking, carefully check the presence of these conditions in detail regarding the journey and rates.

EMAIL TO THE USER

By making a booking you agree to receive:

an e-mail containing information about the destination and various tips and deals relating to the booking (even by third parties, should have provided consent).

an e-mail with an invitation to express an opinion on the Partner and on the trip.

e-mail confirmation, any e-mail notification for changes or cancellation, e-mail reminder.

RANKING AND USER ADVISOR

The default setting of the ranking Partner, travel, tours, hotels and activities on our web site is created through a system of automatic ranking and is based on multiple criteria.

The User rating would be

(a) uploaded on the website of the destination page on the trip, the itinerary, the hotel, available on our website in order to provide (future) customers on your point of view about the (level of) service and the quality of the Partner.

(b) (wholly or partly) used and placed by KFrame, in its sole discretion (eg. reasons related to the marketing, promotional purposes or for improving the service), on the website or on the platforms of social networks, the newsletter, in case special promotions, apps or other channels owned and hosted, used or controlled by KFrame.

We reserve the right to edit, refuse or remove reviews at our sole discretion. The module for the judgment of the host must be considered a survey and does not include any (further) offer, invitation or inducement (commercial) of any kind.

DISCLAIMER OF LIABILITY

Subject to the limitations and the details provided in the circumstances set out in these terms and conditions and to the extent permitted by law, shall be liable only for direct damages actually suffered, paid or to which you were getting into, due to a failure to observe our obligations in respect of the services that we would have to perform.

The compensation may be up to the total cost of your reservation as set out in the e-mail confirmation (or for one event or series of connected events).

However, and to the extent permitted by law, neither we nor any of our employees, officers, employees, representatives, subsidiaries, affiliates, Affiliates (distribution), licensees, agents or people involved in the production, sponsorship, in promotion or dissemination of the site and its contents, shall be liable for:

(i) loss or punitive damages, special, indirect or consequential damages, any loss of production, profit, revenue, contract, for injury or damage to the good name and reputation, the loss of the right,

(ii) for the inadequacy of the (descriptive) information of the destination of the trip, itinerary, hotel and activities (including rates, availability and ratings), made ​​available on our Web site, (iii) for services rendered or the products offered by the Partner,

(iv) or damages (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you were getting into, following the inability to use or delay of our website, arising out of or related to the use, or

(v) for any (personal) injury, death, property damage or other damages (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you went against, for actions (legal) errors, breaches, faults (grave), willful misconduct, omission, negligence, misrepresentation, or strict liability for a wrongful act attributable (partially or totally) for the Partner (its employees, directors, officers, agents, representatives or affiliated companies), including cancellations (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

USE OF THE WEBSITE - PURCHASE ORDERS

The User can freely visit the Website and use its functionality only for personal, not commercial, use.  When doing a search in the search engine, making reservations or processing purchase orders, the User recognizes and states that he/she is acting in a purely personal capacity.

While searching or processing reservations and/or purchase orders, the User employs the web application by means of a non-exclusive and temporary license, granted for the time of the operation.  This application allows the User to process, easily and directly, his/her requests without having to make an additional parallel connection to the Internet site of the Partner of the service the User is interested in.

The User is not allowed to modify, reuse, copy, distribute, transmit, reproduce, publish, grant license or use, create derived tasks or jobs, transfer or sell, or in any case, make any commercial use or any use that is not personal in nature of the information, news, content, software and systems, or products obtained or made available to the User through the Website and the use of the Service.

To be able to use the functions of the Website, the User must have an Internet connection, which he/she must procure at his/her own expense from a reliable supplier.  Kframe is not liable for any damages to the User's hardware that may be caused, directly or indirectly, by the Internet connection.

RULES OF CONDUCT

The User undertakes to use the Website, its functions and the Service for lawful purposes and according to the present T&C. Particularly, the User undertakes neither to send or spread, through the Website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the Website and its functions to perform any acts which could cause damage to the image and reputation of Kframe or any other loss or damage to Kframe.

Moreover, the User undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the Website by third parties.

INTELLECTUAL PROPERTY

The User acknowledges and recognizes that all information, data, software, content, music, sounds, photographs and images, video and any other content on the Website (the "Content") are the exclusive property of Kframe and its license holders.

With the exception of using the application as stated in section 3, the User does not acquire any rights on the Content and/or the Website, the only right being the right to use the Website according to these T&C.

The User is authorized to print and/or download the Content (including the T&C) only for personal use.

HYPERLINK TO OTHER INTERNET WEBSITES

The Website contains hypertext links to other Internet resources of commercial partners of Kframe and/or third parties. The publishing of hypertext links on the Website is done for information purposes and as  a reference for the Users’ use and does not imply any recognition or approval of the contents by Kframe. Moreover, Kframe does not exercise control over the contents, information, services and/or products offered by such linked websites. Kframe shall be not be liable for the truthfulness, accuracy and updating of the information published on such linked websites. The User acknowledges that the use of such websites will be done at his/her own risk.

The publication of a hypertext link and/or another internet resource on the Website does not imply any kind of commercial association and/or affiliation between Kframe and the administrators of the linked websites.

CHOICE OF APPLICABLE LAW, THE EXCLUSIVE JURISDICTION AND LANGUAGE

The T&C and the relationship between the User and Kframe are governed, in the measure allowed by applicable regulations, by Swiss law. Regarding what is allowable by applicable regulations and international agreements, the parties agree that the resolution of any dispute that could arise between them according to the T&C, the relationship created between them will be under the exclusive jurisdiction of ordinary courts at Kframe's headquarters. The prevailing language of all the terms and conditions of the contracts and the management of disputes will be Italian. Kframe also reserves the right to meet with the User in a competent court at the User's domicile.