Terms and Conditions
THIS IS IMPORTANT INFORMATION please read carefully before booking.
On booking online or signing our booking form when making reservation over the phone or by email, you are deemed to have read and accepted our Booking Conditions (which constitutes the entire agreement between you and us). By accepting, you certify that you are an adult (At least 18 years old) with full legal authority to enter into this agreement for yourself and on behalf of all accompanying passengers on your reservation. The services to be provided are those referred to in your booking confirmation invoice.
This terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly in case there are any changes.
Continuing to use our travel service after a change has been made is your acceptance of those changes. In this Terms and Conditions, the words “Passenger” or “Customer” or “Client” refer to you, the person who agrees to book, purchase, travel on a tour, including any accompanying minors, and all of the passenger’s heirs, successors in interest and personal representatives. “Company” or the term “We” or “Us” refer to Ha Giang Tours – Vivutravel.
1. BOOKING STATUS
All services described in the detailed itineraries will be booked after receiving your approval and confirmation of the proposal. In case some services cannot be confirmed, you will be informed immediately and offered with an alternative.
2. DEPOSIT & FINAL PAYMENT
You are required to pay a NON-REFUNDABLE deposit of 20% of the total package cost or USD $200 per person per trip for your booking to be confirmed (please note that increased deposit requirements may be applied for some trips).
Except as otherwise agreed by Ha Giang Tours – Vivutravel, the final payment or the balance is required 45 days before departure. If the final payment is not paid on or before the due date, Ha Giang Tours – Vivutravel we reserve the right to treat your booking as cancelled.
If your booking is made within 45 days to the customer’s arrival date then the full amount is required at the time of booking. Except as otherwise agreed by Ha Giang Tours – Vivutravel, Client’s payment shall be made by cash or credit card. A bank service charge of 3% will be added to the total amount due when using a Credit Card (Visa, Master Card).
3.1. Cancellation by the traveler
(+) If you cancel some or all portions of your booking, cancellation fees will be applied. The effective date of cancellation will be the date the Company receives written notification. The cancellation charge to the clients is described as follows:
- More than 60 days before arrival: NO cancellation charge.
- More than 30 days prior to departure: We will retain the deposit
- 30 – 15 days prior to departure: 30% of the Tour price is forfeited
- 14 – 08 days prior to departure: 50% of the Tour price is forfeited
- Less than 07 days prior to departure: 100 % of the Tour price is forfeited
For the avoidance of doubt, because there are some suppliers (airlines, hotels, and cruise companies) have cancellation policies that are different from those of Ha Giang Tours – Vivutravel, the cancellation charge may, at our discretion, be adjusted accordingly.
(+) Cancellation of Extra Services
For additional hotel nights and other extra services booked in connection with the planed itinerary (reservation), cancellations will be charged as follows:
- More than 30 days prior to the service, the extra fee will be refunded fully
- 30 – 15 days prior to the service: 50% of the price is forfeited
- Less than 15 days prior to the service: 100% of the price is forfeited (Unless we can negotiate otherwise with the hotel or other suppliers).
3.2. Cancellation by Ha Giang Tours – Vivutravel
We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned trip. If we cancel your trip, you can transfer the amounts paid to an alternate departure date or alternatively receive a full refund (not included the bank transfer fee or any third party’s service charge). In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, and travel insurance excess or non-refundable flights.
(*) For this particular clause, you are advised to have the mentioned cases covered by your own travel insurance.
4. CLAIMS & 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.
- For claims to be considered, they must be received in writing by Ha Giang Tours – Vivutravel within 30 days of the termination of the program and be accompanied by supporting documentation.
Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Ha Giang Tours – Vivutravel will not accept any liability for claims that are not received within 30 days of the termination of your travel program.
5. OBLIGATIONS OF THE CLIENTS
- The Customer is obliged to check their travel documentation to ensure that the dates are correct and should notify Ha Giang Tours – Vivutravel immediately of any errors or omissions.
- It is the responsibility of the Customer to ensure that their travel documentation is in order, e.g. passport and visa.
- Where the Customer does not arrive on the agreed date for the Tour, Ha Giang Tours – Vivutravel is entitled to treat the Tour as having been cancelled by the Customer.
- The Customer agrees to abide by instructions given by Ha Giang Tours – Vivutravel crew and agrees to indemnify the Company against any loss or injury suffered as a result of failing to comply with Crew instructions.
- Customer agrees not to damage accommodation and should such damage arise, agrees to pay the owner for the price of repair or replacement of same.
6. CHILD POLICY
Less than 2 years old are free of charge for tour & pay 50% of airline charges, from 2 to 5 years old 50% charge for tour & 75% of airline charges, from 5 to 11 years old 75% for tour & airline full charges. 12 years old & up = 100% (charged as an adult).
7. EARLY CHECK-IN
Early check-in or late check out are not included in the tour prices. Most hotels allow check-in to take place during the mid-afternoon. Should you wish to have your room ready for immediate check-in upon arrival; Ha Giang Tours – Vivutravel can arrange this for an additional charge. The detail stated at your itinerary’s exclusion list.
8. AGE & HEALTH REQUIREMENTS
All travelers under the age of 18 must be accompanied by an adult who is responsible for the child’s day-to-day care. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either you are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
9. TRAVEL DOCUMENTATION
All clients must be in possession of a valid passport and necessary visas or permits at the commencement of travel. All such documents are at the sole responsibility of the clients. Your travel consultant may assist you in applying for the necessary travel documents upon request. Ha Giang Tours – Vivutravel accepts no responsibility or liability whatsoever for the failure of clients to obtain appropriate documentation.
10. ACTIVE ELEMENTS & ACCEPTANCE OF RISK
- Clients should take into account all international travel risks and familiarize themselves with health requirements applicable to the areas they intend to visit. The client is solely responsible for checking the safety and security conditions, vaccination, and other health requirements of governments in countries visited or transited.
- On adventure itineraries some active elements are incorporated into the tour. To enjoy the tour as intended a minimum level of fitness is required to participate. The level required would be equivalent to what is obtained by routine daily exercise such as golf, jogging, energetic walking, tennis, etc. Activities during the tour could include (but are not limited to) trekking, hiking, off road walking, cycling, kayaking and navigating uneven terrain. Should you have any questions or need any clarification about a specific tour please ask for details at time of booking.
- You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
During your program, Ha Giang Tours – Vivutravel reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By making a reservation with our company, tour participants agree to allow their images to be used in such photographs. Participants who prefer that their images not be used are asked to identify themselves to their Tour Leader/Tour Guide at the beginning of each itinerary.
- If you are not satisfied with any of the services Ha Giang Tours – Vivutravel has provided and wish to make a complaint in relation to a holiday, please notify your local tour guide or your travel advisor to avoid the potential for similar problems may happen again during the rest of your trip, thereby giving the us reasonable opportunity to rectify matters.
- Ha Giang Tours – Vivutravel will act as an intermediary between the clients and other service suppliers such as air, train, boat, and hotels in the event of any complaint.
- Notwithstanding the above, you can notify us in writing not later than 30 days after your return to port of departure. Any complaint received after this period will not be entertained.
The Customer may also email the Managing Director of the company at: firstname.lastname@example.org
The Customers are required to have full travel insurance covered. It is the responsibility of the Customer to read their insurance policy before they travel with Ha Giang Tours – Vivutravel and ensure that the insurance scheme provides the Customer with the requisite level of cover. This includes trip cancellation, medical emergency evacuation, and other coverage (More cases in Clause 16 below). Airline schedule, train timetable and local conditions may affect accommodation and itineraries. Should this occur, Ha Giang Tours – Vivutravel will endeavor to substitute a suitable arrangement of equivalent value.
15. LIMITATION OF LIABILITY
We contract with a network of suppliers, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- Liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded.
- You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip.
- Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
16. FORCE MAJEURE
If as a consequence of “Force Majeure” (as defined below), the Ha Giang Tours – Vivutravel is obliged to curtail, alter, extend or cancel the tour, the client shall not be 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 Majeur” means Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, destruction or damage to holiday accommodation, riots, acts of war, civil commotion, exercise of legislative or government action, municipal or military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with the tour, fraud perpetrated against the company.
Participation on any Tour implies full and unconditional acceptance of the above conditions by the Customer.