Hi,
With the current version, when the VIES system is down, HikaShop skips the check with the VIES and only the regex check is performed.
If you want to change that behavior, you can change the lines:
$this->message = $e->__toString();
return true;
to:
$this->message = $e->__toString();
$result = false;
in the file administrator/components/com_hikashop/helpers/vat.php
The VAT check system will thus refuse the VAT number if the VIES system is down and the user will have to either remove his VAT number to be able to proceed (and thus pay the VAT) or not checkout.