Hopper (USA), Inc. and its affiliates (“HTS”) power the HTS Disruption Assistance service (the “Service”) for flights offered by Viva Aerobus Airlines Ltd. (“Viva Aerobus”) through the Viva Aerobus websites and mobile web pages (the “Sites”).
The Service is offered by Viva Aerobus subject to and in accordance with the terms and conditions set forth below (the “Service Terms”), as well as the general website Terms of Use and Privacy Notice of Viva Aerobus as published on the Sites. By purchasing the Service, you agree to these Service Terms.
1. Service Purchase Price. The fee to purchase the Disruption Assistance Service is a non-refundable fee, excepting only in circumstances where you receive a full refund of your purchased flight from Viva Aerobus because you made a permitted cancellation of your purchased flight within 24 hours of purchase.
2. How it works. The Disruption Assistance Service entitles the purchaser (“you”) a rebooking service at no additional cost in the event that, within the 24 hours prior to your scheduled departure, (i) the departure time of your original scheduled flight is delayed for more than the time specified to you on the Site(s) at the time you purchased the Service (“Delay Threshold”) or (ii) your original scheduled flight is canceled by the Viva Aerobus (each of (i) and (ii), a “Disruption”) for a reason outside your control (as explained in Section 5). If you experience an eligible Disruption, VivaAerobus, in partnership with HTS, will offer to rebook you on a new flight (as applicable) in the same fare class to your destination at no cost, up to the maximum cost per passenger specified to you on the Site(s) at the time of your purchase of the Service (“Service Cap”) and subject to the paragraphs below.
3. Service Expiration. In order to use the Service following an eligible Disruption, you must contact customer support and elect to make a Rebooking (Section 7), or receive a Service Satisfaction Guarantee (Section 8). If no election is made within 24 hours of the arrival of the last flight in your itinerary (“Expiration Time”), the Service will expire and no longer be valid, and you will no longer be eligible for a Service Satisfaction Guarantee.
4. Passenger Rights Regimes. Certain jurisdictions have adopted laws and/or regulations requiring airlines to compensate passengers in the event of certain disruptions to scheduled air travel (a “Passenger Rights Regime”). In the event of such a disruption, you may be eligible for compensation under a Passenger Rights Regime, regardless of whether you elect to purchase the Service. For more information on your rights under the Mexican Civil Aviation Act even if you do not purchase the Service, refer to Viva Aerobus' website.
5. Eligible Reasons for a Disruption. To be eligible to use your Service, the Disruption must occur no more than twenty-four (24) hours before the scheduled departure of the flight in question. The Disruption must also be due to an eligible reason outside of your control. Eligible reasons include, but are not limited to, delays due to airline issues, customs issues or to weather. All determinations of whether a Disruption was due to an eligible reason will be at the business discretion of Viva Aerobus and/or HTS.
6. Exclusions. The Service does not apply following the earlier of:
a. a declaration of an “emergency” or similar “extraordinary measures” taken by any governmental authority in the destination city, region, or country of your trip;
b. a designation by the World Health Organization (WHO) that the destination city, country, or region of your trip is at risk from COVID-19;
c. a strike, work stoppage or other labor dispute, whether by airline or airport personnel, resulting in a canceled or delayed flight.
Such events shall not be eligible reasons, and in the event of such event, or a declaration of emergency, alert, notice, designation, or other similar government action, your purchased Service shall expire immediately.
7. Things to Know About Booking a New Flight. If you elect to use the Service following an eligible Disruption, you will be able to view your options for rebooking by accessing your booking on Viva Aerobus “My bookings” page on the Site(s). You will then be able to elect to rebook via a website provided and operated by HTS on a new flight itinerary subject to the following conditions:
a. the new flight itinerary must be to the same destination;
b. the new flight itinerary may be on any airline, but must be in the same or similar corresponding fare class as the original booking; and
c. you must be able to make it to the gate of the new flight in time to board
(a “Rebooking”). Viva Aerobus and HTS are not responsible for ensuring you arrive at the gate on time and will not pay any additional costs if you miss your new flight. If you have checked luggage, you must coordinate with the original airline to retrieve your luggage before or after your new flight to your destination. Viva Aerobus and HTS are not responsible for any baggage retrieval and will not cover any baggage fees or issues. The election to accept a Rebooking may only be used once for any flight itinerary purchased together with the Service, and upon a completed Rebooking, the Service shall expire.
8. Service Satisfaction Guarantee. The Service comes with a satisfaction guarantee, as set forth in this Section. If you are eligible for and elect to use the Service, and you are not happy with the Rebooking options offered to you following an eligible Disruption, you may elect to forego any Rebooking and Viva Aerobus, via HTS, will refund back to you the full cost of your original booking (including fare, taxes and the following ancillary purchases as applicable: carry-on bags, checked bags (extra bag and extra weight), special equipment (sports equipment and music instruments), VivaExpress, seat selection, baby package) for which the Service was purchased (“Service Satisfaction Guarantee”). The Mexican Airport Use Fee (TUA) is excluded from the refundable amount. The Service fee is not refundable. All Service Satisfaction Guarantee refunds shall be paid in accordance with and subject to the terms of Section 9 of these Service Terms. The election to receive a Service Satisfaction Guarantee may only be used once for any flight itinerary purchased together with the Service, and upon a completed Service Satisfaction Guarantee, the Service shall expire.
9. Service Satisfaction Guarantee Refund Process. Viva Aerobus and HTS utilize Hyperwallet payment services to deliver payments to you. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy. Payments by Viva Aerobus and HTS of reimbursed amounts will be processed within ten (10) business days. Hyperwallet is a service provided by a third-party not affiliated with Viva Aerobus or HTS. To use Hyperwallet to receive your refund, you will need to enter into a direct contract with Hyperwallet and agree to comply with the applicable terms and conditions linked to above. Payout options made available to you will be chosen in the sole discretion of Hyperwallet and, depending on the options made available for you, you may be required to create an account with Hyperwallet, if you do not already have one, in order to receive your refund. Before paying you your refund, Hyperwallet may be required to collect certain information from you in order to comply with anti-money laundering, sanctions and other requirements. If you do not satisfy any of these requirements (as determined by Hyperwallet and without input from Viva Aerobus or HTS), you will be required to contact Viva Aerobus directly, and may not be entitled to any refund. Because you will enter into a contract directly with Hyperwallet, any liability or obligations Hyperwallet owes to you in relation to your use of Hyperwallet will be determined by your agreement with Hyperwallet, and not by Viva Aerobus or HTS.
10. Application of Certain Taxes. The fee paid for the Service is subject to tax as set forth on the Sites at the time of purchase.
11. Who is Included in the Service. The fee to purchase the Service is assessed per flight booking itinerary and provides the Service for all passengers included on the flight itinerary at the time of booking, up to the maximum value of the Service Cap per passenger. If there is more than one passenger on the booking, the passenger who made the booking shall determine how to exercise the Service and/or to accept any offered rebooking options and/or Service Satisfaction Guarantee refunds, which exercise election shall apply to all other passengers included on the booking.
12. Other Restrictions. If you elect to use the Service, Viva Aerobus and HTS will not be responsible for any fees and costs incurred by you other than the costs of the new flight up to the Service Cap per passenger. The Service does not carry over to any future bookings made with Viva Aerobus. The Service is only offered on select bookings. Viva Aerobus reserves the right to deny the purchase of the Service to any customer for any lawful reason.
13. SMS Consent. By purchasing the Service, you hereby consent to receive SMS messages for the purpose of Viva Aerobus and/or HTS communicating updates to you regarding your purchased Service.
14. Not Insurance. The Service is a guarantee that Viva Aerobus and HTS will rebook you on, as applicable, a new flight to your original destination or a new connecting flight if you experience a Disruption. In the event Viva Aerobus and HTS are unable to provide the Service to your satisfaction, Viva Aerobus and HTS will refund to you a percentage of the cost of your original ticket, in the amounts and in the forms described in these Disruption Assistance Service Terms. Viva Aerobus and HTS provide the Service to create a more seamless and flexible travel experience for Viva Aerobus customers. The Service Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you.
Date Published: 28 October 2024
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