TERMS & CONDITIONS

VAC TRAVEL TERMS & CONDITIONS

IMPORTANT INFORMATION: PLEASE READ CAREFULLY BEFORE BOOKING.

DEFINITIONS

The word “you” or “customer” refers to each customer booking, purchasing or traveling on a tour, including any accompanying minors, and all of the customer’s heirs, successors in interest and personal representatives. “Company” or the term “we” or “us” refers to VAC Travel Company Limited, and all affiliated companies including but not limited to the Tour Operators, (including their managers, charterers, agents, pilots, officers, crew, tenders shipbuilders and manufacturers of all component parts and all suppliers), and each of their owners, shareholders, directors, officers and employees.

“ Tour Price” refers to the sum of the base price for your program or tour, plus single supplement (if applicable), plus any air add-on costs, included government taxes and fees, and pre- or post-trip extension costs; but does not include any other items, such as surcharges, port charges, government taxes or fees that are payable onsite, etc “Suppliers” are independent third party providers of services.

The Suppliers providing services for your tour are independent contractors and are not our agents, employees, servants.To the extent we book air transportation for you, we act as an agent of the air carrier and not as your agent. For all other purposes, we do not act as an agent for any party whatsoever. “Tour Operator” or “Operator” means the actual VAC Travel entity acting as the tour operator, as is further defined in Section 2 below, for your booking. For all programs or tours, your Tour Operator is VAC Travel Company Limited. “Trip” or “Tour”  means the tour you booked with us. This Trip includes the base package plus any booked pre- or post- trip tour extension you have purchased and any optional tour you purchased either beforehand or while on your Trip. “Trip Price” refers to the Program Price or Tour Price.

Baggage fees that are payable to the airline are not included in your Trip Price.

TOUR OPERATOR

a) We are a “tour operator.” This means that we organize, promote, and sell tour programs consisting of certain travel services that are provided by independent third parties (“Suppliers”) all travel activities and services provided in connection with, before, after or during your tour or cruise including but not limited to hotels, restaurants and other food providers, tour guides (Trip Leaders), local guides, ground operators, providers of optional tours, or transportation of any kind by aircraft, bus or other mode of transportation, are provided, owned and operated by independent third party contractors whose employees, facilities, products and services are not subject to our supervision or control.

b) In providing tour operator services or selling reservations or tickets in connection with any optional tours, services or transportation or by accompanying you during such activities, we do so as a convenience to you and shall be entitled to impose a charge and earn a profit from the sale of such services or transportation, but we do not undertake to supervise or control such independent contractors or their employees, facilities, products or services.

c) In the course of your tour, you may see the name VAC Travel or hear or see the use of the word “our” to denote hotels, transportation vehicles or cruises. We may also use sign placards with these names. Any such use is purely for reasons of identification and does not denote any agency, joint venture, or ownership, supervision, or control by us in any way.

LIMITATION OF OUR LIABILITY

Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Customer Agreement only.

a) The responsibility of Company in connection with your tour is strictly limited. The company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers.

We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party.

We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.

b) The company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.

c) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.

d) Some tours include visits to shops and merchants. A company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.

e) You agree that Company does not undertake to carry as baggage on any cruise, any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables .Passengers are strongly urged to keep valuables, unique items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other modes of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a cruise. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.

f) All health, medical or other personal services provided in connection with your tour are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the vessel or elsewhere at your sole risk and expense without liability or responsibility of Company whatsoever. Doctors, nurses or other medical or service personnel work directly for passenger and shall not be considered to be acting under the control or supervision of Company, since Company is not a medical provider. Similarly, and without limitation, all spa personnel, photographers, instructors, guest lecturers and entertainers and other service personnel aboard a cruise shall be considered independent contractors who work directly for the customer.

g) In connection with your tour, Company shall not be liable to the customer for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such attributable to customer’s physical injury or as the result of passenger having been at actual risk of immediate physical injury proximately caused by Company’s negligence.

AUTHORITY TO DECLINE PASSENGERS OR REMOVE PASSENGERS FROM TRIPS OR CRUISES

We reserve the right to accept or reject any person as a tour or cruise passenger. We reserve the right to expel any passenger from a tour or land a passenger from a vessel if we deem this necessary for the comfort, convenience or safety of the tour or cruise participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers. If we remove you from a trip in progress or land you from a vessel, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.

MEDICAL ISSUES AND SPECIAL NEEDS

a) You are encouraged to report any disability requiring special attention to us at the time the reservation is made, including requiring the use of special equipment. We will make reasonable efforts to accommodate the special needs of a tour.

b) Most of our trips are not wheelchair or motorized scooter accessible, as a wheelchair or motorized scooter assistance or accessibility in international destinations cannot be guaranteed. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. On most international trips, we cannot accommodate women past their sixth month of pregnancy and cannot accommodate service animals.

c) If you are unable to travel without assistance, you must be accompanied by an able companion. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and is completely responsible for providing the assistance. Neither Company nor its personnel, nor its suppliers, may physically lift or assist customers into transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call or write us to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to customers with special needs for walking, dining or other routine activities or personal services.

d) If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.

e) If you have a condition as contemplated herein, you travel at your own risk. The operator is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.

THE BOOKING

  1. Formation of the Booking

No Booking shall be deemed to be concluded until the Company has received: (i) the booking form signed by the Customer; and (ii) the deposit or full payment for the Tour.

PAYMENT

DEPOSITS

A NONREFUNDABLE deposit of US$200 per person or 20% of the total amount if the booking is more than US$1000 per person is required upon booking.

FULL PAYMENT Full payment shall be received no later than 60 days (2 months) prior to the Customer’s arrival, or if the booking is made within 60 days (2 months) prior to the Customer’s arrival, full payment must be made upon signing the Reservation Form. All payments shall be made either by major credit card or by telegraphic transfer to the appropriate account:

Company’s name: VAC TRAVEL COMPANY LIMITED
Address : Number 20, Alley 628/4 Hoang Hoa Tham St, Buoi Ward, Tay Ho District, Ha Noi, Viet Nam
BANK’S NAME: TECHCOMBANK DONG DO
Bank Account :                                         VND: 19128582419660

                                                                       EUR: 19128582419016

                                                                       USD :19128582419881

SWIFT CODE: VTCBVNVX
BANK CODE OR CITAD CODE: 01310001 (Important Notes for those who make the payment through wire transfer).

CHANGE IN TOUR PRICE

All prices quoted are stated in United States Dollars ($)only. and are based on transport prices (including the cost of fuel), dues, taxes or fees chargeable at airports and ports, accommodation costs, sightseeing fees and exchange rates current and appropriate at the time of publication. If any of these vary, Tour price may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Customer. During the period of 10 days prior to the Customer arrival date, the Tour price shall not be increased by the Company.

ALTERNATIVES

Whilst the Company shall 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. In such cases, a one week prior written notification of the alterations shall be made to the Customer by the Company.

CANCELLATION

A. CANCELLATION BY THE COMPANY

(i) If the Tour is not paid for by the due date, the Company shall have the right to cancel the Tour.

(ii) In the event that the Company does not receive the minimum number of bookings to provide the Tour, the Company, at its own discretion, shall be entitled to cancel or curtail the Tour at any time up to 4 weeks prior to the arrival of the Customer and the Customer shall not be entitled to make any claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Company shall notify the Customer within seven days of cancellation or curtailment required by the foregoing circumstances.

B. CANCELLATION BY THE CUSTOMER

When 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 OF UNUSED SERVICES

No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services which are included in the Tour prices but not utilized by the Tour member.

COMPLAINTS

(i) If the Customer wishes to make a complaint in relation to a holiday, he should inform the Company’s representative at the location where the Customer is when the complaint arises, thereby giving the Company reasonable opportunity to rectify matters.

(ii) Notwithstanding the above, the Customer can notify the Company in writing using the feedback form not later than 30 days after his return to a port of departure.  Any complaint received after this period will not be entertained. (iii) The Customer may also email the Director of the Company at:[email protected]

PHOTOGRAPHS AND VIDEOS

We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date. Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

DISPUTE SETTLEMENT

(i) The terms and conditions contained herein are governed by and interpreted in accordance with the Laws of Vietnam.

(ii) Any dispute arising out if or in connection with the applicable of the terms and conditions contained herein, if not capable of being resolved amicably between the Customer and the Company within 30 days, will be referred to the Vietnam International Arbitration Centre (“VIAC”) for final and binding settlement in accordance with its rules of arbitration. The place of arbitration will be Ha Noi City and the language of arbitration will be English. (iii) During and without prejudice to the course of arbitration, this Agreement shall continue to be performed. Participation on any Tour implies full and unconditional acceptance of the above conditions by the Customer.

DATA PROTECTION PRIVACY POLICY

For the purposes of the Data Protection, we, VAC Travel are a data controller. This privacy policy sets out how we collect and use the personal information (“personal data”) you provide us with directly or through the use of our website. This privacy policy may be amended or added to from time to time. The latest version will appear on our website. We will only process personal data as set out in this privacy policy (as amended or added to) or otherwise notified to or agreed  by you or as we are otherwise permitted to do. In order to process your booking, send you any information or respond to an inquiry, we need to collect personal data from you. As referred to below, our website uses “cookies” which will also collect personal data. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (“sensitive personal data”). All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. Appropriate personal data will be passed on to the relevant suppliers of your arrangements and any other third party (including banks and/or credit card issuers) who need to know it so that your holiday can be provided. The information may also be provided to government / public authorities such as customs or immigration if required by them, or as required by law.  Certain information may also be passed on to security or credit checking companies. On occasions, we may use other companies to provide services on our behalf, such as mailing marketing material.  We only provide third parties with the personal data they require in order to deliver their services.   Other than in relation to government / public authorities (over whom we have no control), we will take appropriate steps which are intended to ensure that anyone to whom we pass your personal data for any reason agrees to keep it secure, only uses it for the purposes of providing their services and does not collect any personal data from you in the course performing their services. If we cannot pass personal data to the relevant suppliers or any other third party as applicable, whether in the EEA or not, we will be unable to fulfill your booking.  In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We would also like to store and use your personal data for future marketing purposes (for example, sending you our marketing material) unless you have told us that you do not wish us to do so. All personal data you give us (including sensitive personal data) will be kept but we will use only names and contact details for marketing purposes.

If you do not wish to receive any marketing material or communications from us, please write to us at [email protected] . We do not sell personal data to any third party. In common with most websites, our website uses cookies. A ‘cookie’ is a small data file which our website server stores on your computer in order to collect information about your visit and to remember you when you visit again at a later date.   The main purpose of a cookie is to identify users and to personalize their visit by customizing web pages for their use. We may also use third parties who will collect non-personally identifiable data (such as the IP address of a user’s computer) to analyze site visits and carry out other similar activities. In the course of doing so, they may place their own cookies on your computer so that they can collect information about your visit. You may if you wish to disable or delete such cookies through your internet browser. However, doing so may mean you will be unable to access our website or parts of it, your experience of our website may be adversely affected and/or you may not receive information which is relevant to your personal interests. We take appropriate technical and organizational measures which are intended to prevent unauthorized or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed.  We promise to respond to your request within 40 days of receiving your written request.  In certain limited circumstances, we are entitled to refuse your request. If you believe that any of your personal data which we are processing is inaccurate or incorrect please contact us immediately .