VIAUTENTICA TRAVEL DESIGN — TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions apply to all engagements between Viautentica Travel Design and the Client. Please read them carefully. By engaging our services you agree to be bound by these Terms.

1. Introduction and Acceptance of Terms

These Terms and Conditions of Business (“Terms”) govern all services provided by Viautentica Travel Design, a boutique travel design and consultancy business owned and operated by Cristina Loiaconi (“Viautentica”, “we”, “us” or “our”), to the individual or entity engaging those services (the “Client”, “you” or “your”).

By engaging Viautentica to provide any service — whether by paying a planning or consultancy fee, countersigning a proposal, or authorising us to initiate or facilitate travel arrangements on your behalf — you confirm that you have read, understood and agree to be bound by these Terms in their entirety.

Where Viautentica arranges bookings on your behalf, those bookings are processed through our host agency, Simplexity Travel Management Limited (“Simplexity”), a company incorporated in England and Wales (Company No. 07849358), whose registered office is at 5th Floor, 3 Hanover Square, Mayfair, London W1S 1HD. In those circumstances, Simplexity’s Booking Conditions shall also apply to any travel arrangements booked through them, and shall be deemed incorporated by reference into these Terms. In the event of any inconsistency between these Terms and Simplexity’s Booking Conditions with respect to a booked travel arrangement, Simplexity’s Booking Conditions shall prevail in relation to that arrangement.

These Terms apply to all engagements entered into from the Effective Date set out above, and supersede any prior written or oral agreement between us relating to the provision of services by Viautentica.

2. About Viautentica and Our Affiliations

2.1 Independent Status

Viautentica is an independent travel design and consultancy business. Cristina Loiaconi operates as an Independent Travel Agent Contractor in commercial partnership with Simplexity Travel Management Limited, pursuant to a formal contractual agreement. Viautentica is not an employee of Simplexity Travel Management, nor does Viautentica purport to represent Simplexity except in the specific capacity of facilitating travel bookings through their platform.

2.2 Host Agency — Simplexity Travel Management

Where Viautentica arranges travel bookings on your behalf, those bookings are placed through Simplexity Travel Management Limited, which holds the following industry accreditations and consumer protections:

  • ATOL Licence No. 10540 (Civil Aviation Authority) — providing financial protection for ATOL-eligible package holidays and flights
  • ABTA Membership No. P7198 / Y6468 — providing access to ABTA’s Code of Conduct and dispute resolution services
  • IATA Accredited Agent — enabling direct ticketing with international airlines

These protections apply exclusively to eligible travel arrangements processed through Simplexity. Standalone consultancy services provided by Viautentica do not themselves constitute package travel arrangements and are not directly covered by Simplexity’s ATOL or ABTA memberships.

2.3 Virtuoso Network

Simplexity Travel Management is a member of Virtuoso, an international network of luxury travel advisors and preferred suppliers. As an affiliate of Simplexity, Viautentica has access to Virtuoso’s preferred supplier relationships, exclusive amenities, and curated experiences for qualifying bookings. Virtuoso membership does not itself confer financial protection or regulatory oversight beyond Simplexity’s existing accreditations.

3. Nature and Scope of Services

Viautentica provides highly personalised travel design and consultancy services. Depending on the package or engagement selected, our services may comprise one or more of the following:

  • Package 1 — Full-Service Travel Design: bespoke itinerary design combined with end-to-end booking of all travel components through Simplexity Travel Management
  • Package 2 — Journey Design Only: a tailored itinerary, curated supplier portfolio and recommendations, with all bookings made independently by the Client
  • Package 3 — Villa & Retreat Consultancy: specialist advisory services in respect of luxury villa, private retreat and comparable accommodation, including shortlisting, negotiation support and bespoke recommendations
  • Package 4 — Remote Property Suitability Assessment: a professional remote assessment of a specific property’s operational suitability for the Client’s stated requirements (see Clause 5 for full terms)

The precise scope of each engagement shall be set out in the written service proposal or correspondence exchanged between the parties prior to or at commencement of the engagement.

Where our services do not include the arrangement of bookings, Viautentica acts solely in a consultancy capacity. In those circumstances, no contract for the provision of travel services is formed between Viautentica and the Client, and Viautentica shall have no liability in respect of any booking made directly by the Client with a third-party supplier.

4. Consultancy Services — General Terms

4.1 Nature of Recommendations

All recommendations, itineraries, shortlists and reports produced by Viautentica in the course of a consultancy engagement are advisory in nature. They are provided to assist you in making informed decisions and do not constitute a guarantee of outcome, availability, pricing or performance on the part of any third-party supplier.

Viautentica applies professional skill, care and judgment in researching, curating and presenting recommendations. Our advice is informed by destination expertise, industry experience, established supplier relationships — including access to Virtuoso preferred suppliers — and the specific preferences and requirements you have communicated to us.

4.2 Third-Party Information and Reliance

In preparing consultancy materials, Viautentica necessarily relies upon information provided by third parties, including but not limited to hotels, villa owners, property managers, airlines, destination management companies, tour operators and other service providers. Whilst we take reasonable steps to verify material information and recommend suppliers we believe to be reputable and appropriate, such information is subject to change and remains outside our direct control.

Viautentica cannot warrant or guarantee the absolute accuracy, completeness or continuing validity of information supplied by third parties. Where any material discrepancy or change comes to our attention, we will use reasonable endeavours to notify you promptly and, where appropriate, propose suitable alternatives.

4.3 Journey Design — Package 2

Under the Journey Design package, Viautentica provides a tailored itinerary and curated supplier portfolio. All pricing, availability and terms relating to recommended suppliers are based on information available at the time the itinerary is delivered and are inherently subject to change without notice.

The Client remains solely responsible for making all bookings directly with the relevant suppliers and for verifying current pricing, availability and contractual terms at the time of booking. Viautentica shall have no liability if any recommended property, accommodation or service is unavailable, altered or repriced after the itinerary has been delivered.

4.4 Villa & Retreat Consultancy — Package 3

Viautentica provides specialist advisory services in respect of luxury villa, private retreat and comparable accommodation. Our recommendations are informed by our knowledge of the market, supplier relationships and your stated requirements, and are provided as professional guidance only.

Responsibility for the decision to proceed with any booking or contractual arrangement with a third-party villa owner, management company or booking platform rests solely with the Client. Viautentica is not party to any such contract and shall have no liability for its performance.

4.5 Preferred Suppliers and Remuneration Disclosure

Where Viautentica recommends a supplier with whom Simplexity Travel Management has a preferred or commission-based relationship, Viautentica may receive remuneration from Simplexity as part of its contractual arrangements with them. The existence of such arrangements does not influence the quality or independence of the advice given, and recommendations are made solely on the basis of suitability for the Client’s requirements. Where relevant and material, we will disclose the existence of a commercial relationship with a recommended supplier upon request.

5. Remote Property Suitability Assessment

IMPORTANT NOTICE: The Remote Property Suitability Assessment is an advisory consultancy product. It does not constitute a structural survey, technical inspection, health and safety audit, building compliance review, or any form of engineering, architectural or legal advice. Please read this section carefully before commissioning an assessment.

5.1 Nature of the Service

The Remote Property Suitability Assessment (the “Assessment”) is a professional remote consultancy product designed to provide an informed opinion as to the likely operational suitability of a specific property for the Client’s stated requirements. It is particularly intended to assist Clients who are considering renting or purchasing a property for purposes such as remote working, extended stays, family gatherings or specialist retreats.

The Assessment is conducted remotely, without physical access to the property, and is based entirely upon information and materials made available to Viautentica by or on behalf of the property owner, manager or agent, together with any publicly available materials including floor plans, technical specifications, photographs, video tours, virtual walkthroughs and written descriptions.

5.2 Scope of the Assessment

The Assessment may consider, to the extent that information is reasonably available, some or all of the following factors:

  • Internet connectivity and infrastructure specifications
  • Workspace suitability and configuration (dedicated work areas, acoustic privacy, natural light)
  • Room layout and sleeping configuration relative to the Client’s group composition
  • Power supply and infrastructure, including the availability of backup power
  • Air conditioning, heating and climate control adequacy
  • Logistical access, including proximity to transport links, medical facilities and essential services
  • Leisure facilities and amenities relative to the Client’s stated preferences
  • Staff or property management arrangements and responsiveness
  • Any other factors specifically requested by the Client and capable of remote assessment

The factors assessed in any particular engagement shall be limited to those communicated to Viautentica in advance and reasonably capable of assessment from available remote information sources.

5.3 Exclusions and Limitations

The Client expressly acknowledges and accepts that the Assessment:

  • is not a structural survey and does not assess the structural integrity, building fabric, or construction quality of the property;
  • is not a technical inspection and does not verify the operational condition or safety of plant, machinery, electrical systems, plumbing, swimming pools, or other physical infrastructure;
  • is not a health and safety audit and does not assess compliance with health, safety, fire or environmental legislation in any jurisdiction;
  • is not a building compliance review and does not assess planning, licensing, regulatory or insurance compliance;
  • does not constitute engineering, architectural, legal or financial advice of any kind;
  • does not guarantee the actual condition, specifications, performance or availability of the property;
  • is based solely on information provided by or on behalf of third parties and cannot independently verify the accuracy of that information; and
  • does not take into account factors which were not disclosed to Viautentica or which were not reasonably discoverable from the materials provided.

5.4 Liability in Respect of the Assessment

Viautentica shall not be liable for any defects, deficiencies, inaccuracies or operational issues at the property that were not disclosed, or were inaccurately represented, by the property owner, manager, agent or any other third party, and which were not reasonably discoverable by remote assessment.

Viautentica’s aggregate liability in respect of any Assessment shall be limited to the fee paid by the Client for that Assessment. Viautentica shall not be liable for any direct or indirect loss, loss of enjoyment, wasted expenditure, or consequential loss arising from any limitation, inaccuracy or omission in the Assessment, save to the extent caused by Viautentica’s own negligence.

5.5 Client Responsibilities

The Client is responsible for verifying to their own satisfaction any information that is material to their decision to proceed with any booking or contractual arrangement in respect of the assessed property. The Assessment is intended to supplement, and not to replace, the Client’s own due diligence. Clients are strongly advised to seek independent professional advice — including structural surveys, legal advice and insurance guidance — where appropriate, prior to entering into any legally binding arrangement in respect of a property.

6. Bookings Made Through Simplexity Travel Management

6.1 Contractual Framework

Where Viautentica arranges travel bookings on your behalf, those bookings are placed through Simplexity Travel Management Limited. Depending on the nature of the arrangements booked, your contract for the provision of travel services will be either:

  • with the relevant third-party supplier directly (in which case Simplexity and Viautentica each act as agent in facilitating the booking); or
  • with Simplexity Travel Management Limited (where Simplexity is the principal, for example in respect of package arrangements),

as confirmed in the booking documentation issued to you. Viautentica’s role in all cases is limited to advising on and facilitating such arrangements on your behalf.

6.2 Simplexity’s Booking Conditions

All travel bookings made through Simplexity Travel Management are subject to Simplexity’s Booking Conditions, available at www.simplexitytravel.com/booking-terms. Key provisions include:

  • Booking Confirmation: Your booking is confirmed by the Booking Confirmation issued by Simplexity, which together with Simplexity’s Booking Conditions constitutes the contract between you and Simplexity (or the relevant third-party supplier, as applicable).
  • Payment Terms: Invoices are payable immediately upon receipt unless otherwise agreed in writing. Accepted payment methods include credit card (corporate cards subject to a 3% surcharge), BACS or Credit Facility where agreed.
  • Cancellation by You: All cancellations must be made in writing. Simplexity will refund amounts recoverable from the relevant supplier; service fees are non-refundable. An administration fee of £50 plus VAT (or actual costs if higher) may apply.
  • Changes by You: Amendment requests are at Simplexity’s sole discretion and may attract an administration fee of £50 plus VAT.
  • Alterations and Cancellation by Simplexity: Simplexity reserves the right to amend or cancel travel arrangements where necessary, offering suitable alternatives or, where unavailable, a full refund.
  • Delays and Re-scheduling: Neither Viautentica nor Simplexity accepts liability for transport delays or rescheduling resulting from third-party providers or regulatory authorities.
  • Supplier Terms: Booking any travel component through Simplexity also binds you to the terms and conditions of the relevant third-party supplier.
  • Unreasonable Behaviour: Suppliers may refuse travel or accommodation where behaviour is deemed unacceptable. No refund will be provided in such circumstances.
  • Late Payment: Unpaid invoices attract interest above the Barclays Bank base rate (2% for the first 60 days; 4% between days 61–90; 8% thereafter). Simplexity reserves the right to suspend or cancel bookings for non-payment.

6.3 ATOL Financial Protection

Simplexity Travel Management holds ATOL Licence No. 10540. Where your booking constitutes an ATOL-protected package, you will receive an ATOL Certificate. The ATOL Protection Contribution (APC) of £2.50 per person is included within the price of air holiday packages. Not all bookings are ATOL-protected — please confirm at the time of booking. Further information is available at www.atol.org.uk.

6.4 ABTA Membership

Simplexity Travel Management is a member of ABTA (The Travel Association), Membership Nos. P7198 and Y6468, and is subject to ABTA’s Code of Conduct. Unresolved complaints may be referred to ABTA’s dispute resolution scheme at www.abta.com. The European Commission Online Dispute Resolution platform is also available at ec.europa.eu/consumers/odr.

7. Fees, Payment and Non-Refundability

7.1 Viautentica’s Consultancy Fees

All planning, design and consultancy fees are set out in the relevant service proposal and payable in accordance with the terms communicated to you. Unless expressly stated otherwise in writing, Viautentica’s fees are earned upon commencement of work and are non-refundable in the event of cancellation by the Client.

7.2 Creditable Planning Fees

Where a planning fee is expressly stated to be creditable against a subsequent booking, such credit applies only where the booking is completed through Viautentica and Simplexity Travel Management within the period specified in writing by us. The credit will lapse if the booking is not made within the specified period or is made independently of Viautentica.

7.3 Booking Deposits and Final Balances

Deposits and final balance payments for travel arrangements booked through Simplexity are subject to the payment terms set out in Simplexity’s Booking Conditions and the relevant Booking Confirmation. Late payment may result in the loss of the booking without refund.

7.4 Revenue and Commission

Where Viautentica arranges bookings through Simplexity, Simplexity may receive commission from third-party suppliers. Viautentica receives a share of that commission from Simplexity in accordance with our commercial arrangement. This does not affect your rights as a consumer.

8. Insurance

8.1 Client Travel Insurance

The Client is solely responsible for obtaining and maintaining comprehensive travel insurance appropriate to the nature, duration and value of their arrangements. Such insurance should include, as a minimum:

  • cancellation and curtailment cover
  • emergency medical expenses and repatriation
  • baggage loss and delay
  • travel disruption, including missed connections
  • personal liability
  • cover for all planned activities, including any adventure, water or winter sports
  • cover for relevant pre-existing medical conditions

Viautentica strongly recommends that travel insurance be purchased at the time of making any deposit payment. Where the Client elects to travel without adequate insurance, they do so entirely at their own risk.

8.2 Viautentica’s Professional Insurance and Cyber Security

Viautentica maintains Professional Indemnity Insurance in its own name to cover professional errors, omissions, or advice. The existence of this policy does not create any direct contractual rights in the Client’s favour and does not limit the Client’s own obligation to obtain travel insurance.

Where you pay planning, design, or consultancy fees directly to Viautentica, your payments are processed securely through trusted, encrypted third-party payment providers or direct bank transfers; Viautentica does not store or have access to your raw credit card or financial credentials. Where travel bookings are arranged on your behalf, all subsequent transactions are handled securely through our host agency, Simplexity Travel Management Limited, and are protected by Simplexity’s corporate infrastructure and Cyber and Data Crime Insurance.

9. Client Responsibilities

The Client warrants that:

  • all personal and travel information provided to Viautentica is accurate, complete and up to date;
  • they will review all travel documentation upon receipt and promptly notify us of any errors or discrepancies;
  • they will ensure compliance with all passport, visa, health, vaccination and entry requirements applicable to the destinations included in their arrangements;
  • they will comply with the terms and conditions of all third-party suppliers forming part of their travel arrangements, including codes of conduct relating to behaviour; and
  • any person travelling under arrangements made by Viautentica is aged 18 or over at the time of booking, or, if under 18, is travelling with appropriate adult supervision as required by the relevant suppliers.

Failure by the Client to meet these responsibilities shall be at the Client’s sole risk.

10. Changes and Cancellations

10.1 Changes or Cancellations by the Client

Any request to amend or cancel travel arrangements must be made in writing and is subject to the terms and conditions of the relevant third-party supplier and/or Simplexity’s Booking Conditions. The Client acknowledges that amendments may incur supplier fees, loss of deposits or non-refundable charges, in addition to Simplexity’s administration fee (currently £50 plus VAT, or actual costs if higher). Viautentica’s consultancy fees are non-refundable upon cancellation by the Client.

10.2 Changes or Cancellations by Suppliers

Simplexity reserves the right to amend or cancel travel arrangements where required. In such cases, the provisions of Simplexity’s Booking Conditions apply, including the obligation to offer suitable alternatives or a full refund where alternatives are not available.

10.3 Transport Delays and Rescheduling

Neither Viautentica nor Simplexity accepts any liability for transport delays or rescheduling resulting from decisions by third-party transport providers, regulatory authorities, or other circumstances outside our reasonable control.

11. Limitation of Liability

11.1 General Limitation

To the fullest extent permitted by applicable law:

  • Viautentica’s aggregate liability for any consultancy engagement (including any Remote Property Suitability Assessment) shall be limited to the total fees paid by the Client for the specific service giving rise to the claim;
  • in respect of travel arrangements booked through Simplexity, Simplexity’s aggregate liability is limited to the price paid for the specific travel itinerary to which the liability relates;
  • neither Viautentica nor Simplexity shall be liable for any indirect, incidental, special or consequential loss, including loss of enjoyment, loss of opportunity, wasted expenditure, loss of profit, loss of data or loss of goodwill.

11.2 Non-Excludable Liabilities

Nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot lawfully be excluded or limited under applicable law.

11.3 Third-Party Supplier Performance

Viautentica acts as an advisor and facilitator. The actual provision of travel services is the responsibility of the relevant third-party supplier. Viautentica shall not be liable for any failure, act or omission of any third-party supplier, except to the extent that such failure results directly from Viautentica’s own negligence in the selection or recommendation of that supplier.

12. Force Majeure

Neither Viautentica nor Simplexity shall be liable for any failure or delay in performing obligations where such failure results from circumstances beyond reasonable control (a “Force Majeure Event”), including but not limited to:

  • natural disasters, extreme weather conditions, earthquakes, floods or fires
  • war, civil commotion, insurrection, terrorism or acts of government
  • pandemics, epidemics or public health emergencies declared by competent authorities
  • strikes, industrial action or failure of utility or transport networks
  • sanctions, embargoes or governmental restrictions affecting travel
  • supplier insolvency or failure to perform

Where a Force Majeure Event occurs, the affected party will notify the other as soon as reasonably practicable. Viautentica’s consultancy fees in respect of work already completed prior to the Force Majeure Event remain payable.

13. Intellectual Property

All itineraries, assessments, reports, proposals, presentations and other materials created by Viautentica remain the intellectual property of Viautentica. Upon payment in full of all fees due, the Client is granted a personal, non-exclusive, non-transferable licence to use such materials solely for their own private travel planning purposes. The Client may not reproduce, distribute, commercially exploit or share such materials with third parties without Viautentica’s prior written consent.

14. Data Protection and Privacy

14.1 Data Controller

Mahari Travel Ltd operates under the data protection framework and security infrastructure of Simplexity Travel Management Limited, ensuring your personal information is handled in full compliance with the UK Data Protection Act 2018 and GDPR. Your data will only be shared with suppliers for the purpose of fulfilling your booking. Viautentica’s Privacy Policy, available at www.viautentica.com, forms part of these Terms by reference.

14.2 Data Collected and Purposes of Processing

In the course of providing our services, Viautentica may collect and process:

  • contact details (name, address, email, telephone number)
  • passport and identification information
  • travel preferences, dietary requirements and accessibility needs
  • payment information (processed securely through third-party payment providers)
  • any other information reasonably required to deliver the services requested

Such information is processed for the purposes of providing travel design and consultancy services, arranging and administering travel bookings, communicating with Simplexity and relevant suppliers, processing payments, complying with legal and regulatory obligations, and protecting our legitimate business interests.

14.3 Data Sharing

Where necessary to provide the requested services, personal data may be shared with Simplexity Travel Management, airlines, hotels, villa owners, property managers, destination management companies, insurers and other third-party suppliers. Some of these parties may be located outside the United Kingdom and the European Economic Area. Where personal data is transferred outside the UK/EEA, appropriate safeguards will be in place in accordance with applicable data protection law.

14.4 Data Retention and Your Rights

Personal data will be retained only for as long as reasonably necessary to fulfil the purposes for which it was collected and to comply with legal, accounting and regulatory obligations. Subject to applicable law, the Client has the right to request access to, correction of, restriction on processing of, or erasure of personal data held by Viautentica. Requests should be directed to Viautentica in writing.

14.5 Cyber and Data Security

Viautentica implements reasonable technical and organisational measures to safeguard personal data and and benefits from the Cyber and Data Crime Insurance maintained by our host agency, Simplexity Travel Management Ltd. However, no electronic transmission or storage system can be guaranteed entirely secure.

15. Client Care, Feedback and Resolution

15.1 Our Commitment to Service

Viautentica prides itself on delivering high-end, meticulously designed travel experiences. If any aspect of our consultancy or itinerary design services does not meet your expectations, please contact us directly in writing at [INSERT EMAIL ADDRESS]. We dedicate our utmost attention to your feedback and will acknowledge your message within 5 business days.

15.2 In-Resort Assistance and Immediate Notification Protocol

Your comfort and satisfaction are our absolute priorities. In the rare event that an issue, deficiency, or cause for dissatisfaction arises while you are travelling (such as an operational problem with a hotel, transport provider, or villa management), you must report it immediately to the local supplier on-site and notify Viautentica without delay.

Prompt notification is a strict contractual requirement; it grants the local provider and our host agency the immediate opportunity to intervene, rectify the situation rapidly, and ensure your itinerary continues flawlessly. Neither Viautentica nor Simplexity Travel Management can accept responsibility or entertain retrospective claims for issues that could have been resolved instantly had they been brought to our attention at the time of occurrence.

Any matter that remains unresolved upon your return must be submitted to us in writing within 14 days of the completion of your travel arrangements.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any written service proposal issued by Viautentica and (where applicable) Simplexity’s Booking Conditions and any Booking Confirmation, constitute the entire agreement between the parties and supersede all prior representations, negotiations and understandings.

16.2 Amendments

Viautentica reserves the right to update or amend these Terms from time to time. Amendments will take effect from the date published on www.viautentica.com or communicated to the Client in writing. Continued engagement following notification of any amendment shall constitute acceptance of the revised Terms.

16.3 Severability

If any provision of these Terms is or becomes invalid, illegal or unenforceable, that provision shall be severed and the remainder of these Terms shall continue in full force and effect.

16.4 Waiver

No failure or delay by Viautentica in enforcing any right or remedy shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude any further exercise of the same or any other right.

16.5 Third Party Rights

Nothing in these Terms confers any benefit or right on any person who is not a party to them, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.6 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

17. Contact Details

For any notices, inquiries, or official correspondence regarding these Terms and Conditions, please contact Viautentica Travel Design directly at

Viautentica Travel Design
Cristina Loiaconi
www.viautentica.com
[email protected]

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