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The word “you” or “customer” refer 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.
LIMITATION OF OUR ABILITY
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.
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.
DECIDE PASSENGER OR REMOVE PASSENGER FROM TOUR / 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
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.
A NONREFUNDABLE deposit of US$200 per person or 20% of the total amount if the booking is more than US$1000 per person is required upon booking.
FULL PAYMENT Full payment shall be received no later than 60 days (2 months) prior to the Customer’s arrival, or if the booking is made within 60 days (2 months) prior to the Customer’s arrival, full payment must be made upon signing the Reservation Form. All payments shall be made either by major credit card or by telegraphic transfer to the appropriate account:
Company’s Name: VIETNAM ACCESSION CULTURE TRAVEL COMPANY LIMITED (VAC TRAVEL CO., LTD)
Address: Number 17.TT5.2 KĐT WESTPOINT Nam 32, Tram Troi, Hoai Duc, Hanoi, Vietnam
BANK’S NAME: TECHCOMBANK DONG DO
Address: Branch Dong Do - 29T2 Tower, Hoang Dao Thuy Street, Trung Hoa., Cau Giay, Ha Noi, Viet Nam
Bank Account in Local Vietnamese Dong (VND): 19134330168010
Bank Account in The American US Dollar (USD): 19134330168092
SWIFT CODE: VTCBVNVX
BANK CODE OR CITAD CODE: 01310001 (Important Notes for those who make the payment through a wire transfer).
CHANGES IN TOUR PRICE
All prices quoted are stated in United States Dollars ($)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.
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.
(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.
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.
More than 30 days: the deposit is forfeited
From 30-08 days: 30% of the Tour price is forfeited
From 07-03 days: 50% of the Tour price is forfeited
From 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.
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.
(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@example.com
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 videos 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
(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.