IMPORTANT: Please read this document carefully before booking.
In this document, the word “Tour” refers to the trip being booked by the Customer through the Company. The word “Company” refers to ABSOLUTE ASIA Tours. “Customer” means you, the person/party that agrees to purchase the Tour and/or any person/party on whose behalf you agree to purchase the Tour and is listed on the Reservation Form. The word “Contract” refers to the legally binding agreement between the Company and the Customer.
A. Creating the Contract
No contract shall be deemed to be binding and valid until the Company has received:
(i) the confirmation confirmed by the Customer; and
(ii) the required deposit or full payment for the Tour.
B. Termination of the Contract:
The Company reserves the right to terminate the Contract if the Customer’s behavior, conduct, manner and/or actions, either prior to or during the Tour, are likely to cause offence to other customers, or endanger the safety, well-being, property and/or benefits of other customers, Company staff and associates, or the Customer himself/herself. In such cases, full cancellation charges as set out in Section 4 below shall apply and the Company shall have no further liability toward the Customer. If the behavior, conduct, and/or actions of the Customer cause any damage to the accommodation in which the Customer is staying, or causes the delay or diversion of any means of transportation and/or the Tour, the Customer agrees to fully indemnify the Company against any claim (including legal costs) made against the Company by or on behalf of any relevant third party.
A CASE-BY-CASE REFUNDABLE deposit of 30% of the total cost of the Tour and related services is required upon booking confirmation.
B. Full Payment
Full payment for the Tour must be received no later than five (5) days after the Customer’s arrival in Vietnam.
All payments must be made by 1) Credit card, 2) Western Union or 3) electronic transfer to the appropriate account (See Payment methods)
C. Changes to Tour prices
All prices are quoted in United States Dollars (US$) and are based on transport costs (including the cost of fuel), dues, taxes or fees chargeable at airports and ports, accommodation costs, sightseeing fees and the current appropriate exchange rates at the time of publication. Tour prices may increase or decrease according to any variances in the aforementioned costs and rates. Any such increase/decrease will be paid by or refunded to the Customer. The Company will not increase Tour prices less than 30 days prior to the Customer’s arrival date in Vietnam.
Whilst the Company will do everything reasonably possible to provide the Customer’s tour itinerary as planned, the Company reserves the right to alter itineraries, transport and/or accommodation if necessary. In such cases, the Company will notify the Customer of the alterations in writing at least one week prior to the Customer’s arrival in Vietnam.
A. Cancellation by the Company
If no deposit is paid, or the Tour is not paid in full by the due date, the Company reserves the right to cancel the Tour. If the Company, at the request of the Customer, agrees to delay cancellation of the Tour, the Company has the right to cancel the Tour if the Customer does not pay as agreed in further negotiations and the cancellation charges set out in Clause 4B below will apply and be payable by the Customer.
B. Cancellation by the Customer
Where the Customer cancels the Tour reservation, then the effective date of cancellation will be the date the Company receives written notification. The cancellation charge to the Customer is listed below.
• >30 days: deposit is forfeited
• 30-08 days: 30% of the Tour price is forfeited
• 07-03 days: 50% of the Tour price is forfeited
• 48 hours and no-show: non-refundable
For the avoidance of doubt, since some suppliers (hotels, cruise companies) have cancellation policies that are different from those of the Company, the cancellation charge may, at the Company’s discretion, be adjusted accordingly.
C. Refund for Unused Services
No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services included in the Tour price but not utilized by the Tour member.
5. Force Majeure
If, as the consequence of a “Force Majeure” (as defined below), the Company is obliged to curtail, alter, extend or cancel the Tour, the Customer is not at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of said curtailment, alteration, extension or cancellation of the Tour.
“Force Majeure” means “acts of God,” natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle used, or to be used, in connection with the Tour; destruction or damage of accommodation on the Tour not related to the Customer or the Company; riots, acts of war, civil unrest, and the exercise of legislative, government, municipal military or other authority action; strikes or other industrial actions; the requisition of equipment, mechanical breakdowns, or shortage of fuel; insolvency or default of any carrier or service connected with the Tour, and fraud perpetrated against the Company.
6. Customers with Special Needs
i. It is the Customer’s responsibility to disclose to the Company prior to booking any relevant physical or mental condition of a member of the Customer’s party.
ii. The Company reserves the right to decline to provide the Tour to a person for whom, in the Company’s opinion, said Tour would be inconsistent with their special needs. The Company will not be liable for providing an unsuitable Tour for any person whose special needs were not disclosed to the Company at the time of booking.
7. Special Requests
The Customer must communicate special requests (e.g. ground floor accommodation, etc.) in writing to the Company at the time the booking is made. The Company shall endeavor, if at all possible, to fulfill such requests, however, special requests cannot be guaranteed and do not form part of this Contract. The Company will not be liable for failure to comply with a special request.
8. Customer Obligations
i. The Customer is responsible for checking their travel documentation to ensure that the dates are correct and notify the Company immediately of any errors or omissions.
ii. It is the Customer’s responsibility to ensure that their personal travel documents, e.g. passports and visas, are in order,
iii. If the Customer does not arrive for the Tour on the agreed date without notifying the Company, the Company is entitled to treat the Tour as having been cancelled by the Customer and all conditions for Customer cancellations will apply.
iv. The Customer agrees to abide by the instructions given by the Company staff and agrees to indemnify the Company against any loss or injury suffered as a result of failing to comply with said instructions.
v. The Customer agrees to conduct himself in an appropriate manner so as to not to cause disturbance or offence to other members of the tour, Company staff, or Company associates.
vi. The Customer agrees to not damage accommodation used during the Tour. Should such damage occur, the Customer agrees to pay the owner of the accommodation the price for replacing the damaged property with the same, or repairing it to its original condition as of the time the Customer damaged it.
i. If the Customer wishes to file a complaint in relation to the Tour, he/she should inform the Company’s representative at the location where the complaint arose to allow the Company a reasonable opportunity to rectify matters.
ii. Notwithstanding the above, the Customer can notify the Company in writing via the feedback form no later than 30 days after their return to their port of departure. The Company will not entertain any complaint received after this period.
iii. The Customer may also email the Company Director at any time: firstname.lastname@example.org
10. Liability and Insurance
1. The Company is not responsible for any loss, injury or damage sustained by Customers. Additional expenses incurred due to delays, accidents, natural disasters, political action and unrest must be borne by the Customer.
2. The Company is not liable for any damages incurred by the Customer through failure to abide by the Contractor improperly implement the Contract if:
3. the failure that occurs is directly attributable to the Customer; or
4. the failure is attributable to a third party unconnected with provision of the contracted services and/or is unforeseeable and/or unavoidable; or
5. the failure is due to a Force Major as defined in Section 5 above.
The Customer is required to have the necessary travel insurance and is responsible for reading the insurance policy prior to traveling to ensure the insurance provides them with the appropriate level of coverage.
C. Settlement of Disputes
1. The terms and conditions contained herein are governed by and interpreted in accordance with the Laws of Vietnam.
2. If any dispute arising out of or in connection with the applicable terms and conditions contained herein cannot be resolved amicably between the Customer and the Company within 30 days, it will be referred to the Vietnam International Arbitration Centre (VIAC) for a final and binding settlement in accordance with its rules of arbitration. The place of arbitration will be Hanoi, Vietnam, and the language of arbitration will be English.
3. This Contract will remain in effect during, and without prejudice to, the course of arbitration.
Participation in any Tour provided by the Company implies the Customer’s full and unconditional acceptance of the above conditions.
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