Booking Condition We know that reading a bunch of booking conditions is probably pretty low on your list of “exciting travel stuff”. But it’s really important. So grab yourself a sandwich, sit down and have a look. We’ve tried to keep the fine print to a minimum. And then you can start on the fun stuff, like working out how many pairs of undies you’ll need to pack. The trips on this website are operated by Khanh Viet Tourism Limited Company or Sapa Unique Hotel as Viet Sapa Travel, which has its head office in Sapa, Vietnam.
The contract These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Viet Sapa Travel and you for the services provided by Viet Sapa Travel and set out the basis of your legal relationship with Viet Sapa Travel By booking with us and paying the non-refundable deposit of $100 per passenger, per trip, or full payment (This is applied for the trip outside of Sapa), you acknowledge that you have read, understood and agree to be legally bound by these Booking Conditions. In addition to this deposit, gorilla trekking permits are required to be paid at time of booking and are non-refundable and non-changeable. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email. If you have any queries regarding these Conditions or do not understand them, please raise your query with a member of our staff.
1) PRICES AND VALIDITY Prices are on twin share basis, and based on costs and exchange rates applicable when this brochure was printed. Viet Sapa Travel reserves the right to adjust prices whether or not you have already made full payment. We will do everything with in our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Dates and itineraries departing after 31 December 2013 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price
2) YOUR TRIP AND ASSUMPTION OF RISK Viet Sapa Travel’s operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in all Viet Sapa Travel’s trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a Viet Sapa Travel’s trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate Viet Sapa Travel uses information from its local offices in conjunction with advice from the Viet Nam, Laos or Cambodia Department of Foreign Affairs and Trade. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with Viet Sapa Travel you acknowledge your decision to travel on a Viet Sapa Travel’s trip is made after due consideration of relevant travel information that may be made available at any time.
3) EXCLUSION OF LIABILITY Except where stated otherwise, Viet Sapa Travel acts as agent for service providers when making arrangements for your trip. Viet Sapa Travel provides services it will do so with due care and skill. Viet Sapa Travel is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by Viet Sapa Travel any travel agent or other Representative, which has not been stated expressly in this brochure. Viet Sapa Travel will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Viet Sapa’s trip (including pre- and post accommodation) are entirely at your own risk and Viet Sapa Travel cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, Viet Sapa Travel does not accept liability for any loss, death, injury or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Viet Sapa Travel to comply with its obligations under this contract, or in respect of any other conduct that Viet Sapa Travel undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Viet Sapa Travel and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Viet Sapa Travel or its Representatives as a result of your participation in any trip. For these purposes, Viet Sapa Travel enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. Exception The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted.
4) CANCELLATION BY VIET SAPA TRAVEL Viet Sapa Travel reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Viet Sapa Travel reserves the right to cancel a departure at any time. With any form of cancellation, Viet Sapa Travel will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Viet Sapa Travel, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Viet Sapa Travel will not be liable for any additional costs incurred by you Force Majeure Viet Sapa Travel will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Viet Sapa Travel and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
5) CANCELLATION BY YOU If you wish to cancel all or any part of your booking, notification of cancellation must be made to Viet Sapa Travel by email or fax. The date of the cancellation is the date on which Viet Sapa Travel receives your email or fax. Days before departure charge applicable as follows, per person: Viet Sapa Travel’s tours More than 20 days – Loss of deposit Between 15 and 10 days – Loss of 50% of total booking 09 days or less – Loss of 100% of total booking cost and cost of gorilla permit Cancellation fees for air tickets issued by or on behalf of Viet Sapa Travel will apply as determined by Airline Tariff Regulations, and may vary as to the type of ticket issued. Depending on the reason for your cancellation, these charges may be recoverable under any insurance policy you have purchased. If you do not pay the balance of your total booking cost at least 6 days prior to departure your booking may be terminated and you will lose your deposit. Additional Viet Sapa Travel’s cancellation penalties may apply. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised. Note: The above policy will be applied for the Vietnam, Laos and Cambodia package tour or for the package tour for at least a week. For the tour less than a week, you can pay when you finish your tour.
6) BOOKING AMENDMENTS If you wish to change your booking in any way, the following fees will apply: 1. Transfer from one tour to another. Amendment request received by Viet Sapa Travel 20 days or more prior to the original tour departure date: $50 per person per trip will be levied and must be paid prior to any transfer being confirmed. Amendment request received by Viet Sapa Travel within 20 days prior to the original tour departure date: charges will apply as per cancellation fees. 2. Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre- and post tour accommodation, transfers, etc), received by Viet Sapa Travel within 30 days prior to tour departure date will be subject to a $ 30 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines. 3. No amendments are permitted to your booking within 07 days of departure.
7) CHANGES TO YOUR HOLIDAY You acknowledge that travelling with Viet Sapa Travel requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Viet Sapa Travel s’ control or which simply cannot be foreseen. Viet Sapa Travel does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Viet Sapa Travels’ control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given in this brochure, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Viet Sapa Travel, Viet Sapa Travel s’ website or your travel agent. The information and conditions in the Trip Notes and Pre-Departure Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
8) AUTHORITY OF THE LEADER At all times the decision of the Viet Sapa Travel’s leader or representative (“Viet Sapa Travel Leader”) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Viet Sapa Travel’s Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a Viet Sapa Travel’s Leader, or interfere with the well-being of the group, then the Viet Sapa Travel’s Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
9) COMPLAINTS If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Viet Sapa Travel’s local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
10) HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS It is your responsibility to advise Viet Sapa Travel of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by Viet Sapa Travel, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Viet Sapa Travel reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Viet Sapa Travel also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
11) PUBLICITY You agree that Viet Sapa Travel may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
12) PRIVACY In order to be able to supply a service to you Viet Sapa Travel will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. Please call us on +84974839873 for further information or refer to our website: http://hht.vietsapatravel.com
13) LAST MINUTE SPECIALS Last minute special offers require full payment immediately on booking. A completed booking form must be provided at the same time as payment. The tour is subject to availability. 25% discount applies to the tour component only and does not apply to local payments, local flights, transfers, permits, visas and extra accommodation. Discount does NOT apply to existing bookings and cannot be used with any other discounts, including the loyalty discount. Prices are per person based on twin share and are subject to availability.
14) GOVERNING LAW This agreement will be governed by and construed in accordance with the law of Vietnam and each party agrees to submit to the exclusive jurisdiction of the courts of Vietnam as regards any claim or matter arising under this agreement.
