BOOKING TERMS AND CONDITIONS:
IMPORTANT INFORMATION: Please read carefully before booking.
In this booking form, the word “Company” refers to Travel Sense Asia. “Customer” means you, the person who agrees to buy the tour and/or any person on whose behalf you agree to purchase the tour and who is listed on the Reservation Form. The word “Tour” refers to the trip being booked by the Customer.
1. The Contract
A. Formation of the Contract
No contract 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.
B. Termination of the Contract:
The Company reserves the right to terminate this Contract if the behaviour, conduct, manner and/or action of the Customer either prior to or during the Tour is likely to cause offence to other customers, or endanger the safety, well-being, properties and/or benefits of other customers or of the Customer himself/herself. In such cases, fulll cancellation charges as set out in Section 4 below shall apply and the Company shall have no further liability to the Customer. If the behavior, conduct, and/or action of the Customer causes any damage to the accommodation in which the Customer is staying, or causes delay or diversion to 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.
2. Payment
A. Deposits
A NON REFUNDABLE deposit of 30% of total amount is required. if the booking is less than US$300, 100% payment in advance is required upon booking.
B. Full Payment
Full payment shall be received upon on arrival to the country.
All payments shall be made either by major credit card or by telegraphic transfer to the appropriate account
C. Change in Tour price
All prices quoted are stated in United States Dollars ($) 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.
3. 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.
4. Cancellations
A. Cancellation from the Customers:
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: 50% of the Tour price is forfeited
– 07-03 days: 75% of the Tour price is forfeited
– 48 hours and no-show: 100% charge
For the avoidance of doubt, since some suppliers (hotels, cruise companies) have cancellation policies that are different from those of Travel Sense Asia, the cancellation charge may, at the Company’s discretion, be adjusted accordingly.
B. Cancellation by Travel Sense Asia
If the Tour is not paid for by the due date, the Company shall have the right to cancel the Tour. If we, at the request of the Customer, agrees to delay cancellation of the Tour then the Company still cancels the Tour for the Customer’s non-payment, the cancellation charges set out shall apply and be payable by the Customer.
Should you require amendments to your booking, we will work with you to accommodate any required changes. We appreciate that circumstances can require occasional changes and we will work to satisfy your needs. Please be aware that some additional charges may result, particularly if changes are made during peak periods or within 2 weeks of arrival
Travel during peak holiday periods (e.g., Christmas, New Years, Chinese New Years) may alter cancellation policies of certain hotels and service providers. Should such a change affect your travel during these periods, we will attempt to notify you of any changes.
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.
5. Force Majeure
If as a consequence of “Force Majeure” (as defined below), the Company is obliged to curtail, alter, extend or cancel the Tour, the Customer 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.
6. Customers with Special Needs
(i) It shall be the Customer’s responsibility to disclose, prior to booking, to the Company any physical or mental condition of a member of his party which may be relevant.
(ii) The Company reserves the right to decline to provide the Tour for a person where, in the opinion of the Company, that Tour would be inconsistent with the special needs of that person. No liability shall attach to the Company for the provision of an unsuitable Tour for any person where that person’s special needs have not been disclosed at the time of booking.
7. Special Requests
Special Requests (e.g. ground floor accommodation etc.) shall be communicated by the Customer in writing to the Company at the time of making the booking. The Company shall use reasonable endeavours to fulfil such requests. However, special requests cannot be guaranteed and do not form part of the Contract. No liability shall attach to the Company for failure to comply with a special request. Special requests cannot be processed within X days of departure.
8. Obligations of the Customer
– The Customer is obliged to check their travel documentation to ensure that the dates are correct and should notify the Company 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, the Company is entitled to treat the Tour as having been cancelled by the Customer
– The Customer agrees to abide by instructions given by Company crew and agrees to indemnify the Company against any loss or injury suffered as a result of failing to comply with Crew instructions
– The Customer agrees to conduct himself in a proper manner so as to not to cause disturbance or offence to other holidaymakers.
– 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.
9. Complaints
– 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.
– Notwithstanding the above, the Customer can notify the Company in writing using the feedback form not later than 30 days after his return to port of departure. Any complaint received after this period will not be entertained.
– The Customer may also email the Director of the Company at: [email protected]
10. Liability and Insurance
A. Liability
– The Company is not responsible for any loss, injury or damage sustained by passengers. Additional expenses incurred due to delays, accidents, natural disaster, political actions and unrest must be borne by the Customer.
– The Company shall not be liable for any damage caused to the Customer by the failure to perform the Contract or the improper performance of the Contract where the failure or the improper performance is due neither to the fault of the Company because:
(a) the failure which occurs in the performance of the Contract is attributable to the Customer; or
(b) the failure is attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable; or
(c) the failure is due to Force Major as defined in Paragraph 5 above.
B. Insurance
The Customer is required to have full travel insurance. It is the responsibility of the Customer to read their insurance policy before they travel and ensure that the insurance scheme provides the Customer with the requisite level of cover.
C. Dispute Settlement
– The terms and conditions contained herein are governed by and interpreted in accordance with the Laws of Vietnam.
– 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 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.
– 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.