In this booking conditions form the word “Company” refers to Umove Adventure (www.vietnamsuptour.com is mananged by Umove Adventure). “Consumer” means you, the person who agrees to buy the tour 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 or services being booked by the Consumer.
1. The Contract
A. Formation of the Contract
No contract shall arise until the Company has received
(i) Completed online payment forms
(ii) Full payment for the Tour
B. Termination of the contract
The Company reserves the right to terminate this Contract if the behaviour or conduct of a Consumer either prior to or during a Tour is likely to endanger the safety or well being of other Consumers or that of the consumer himself. When the contract is cancelled in such cases, normal cancellation charges apply as described below.
If your actions or those of any member of your party cause damage to the accommodation in which you are staying, or cause delay or diversion to any means of transportation, you agree to fully indemnify the Company against any claim (including legal costs) made against the Company by or on behalf of the owners of such accommodation or the operator of such means of transportation. In the unlikely event that a customer causes damage to Company property or gear (such as kayaking and bilking gear), you agree to be responsible for any necessary replacement and/or repair cost
A . Deposit
A deposit is required to confirm your reservations at the time of booking.
Greater than 7days before departure date From 7 – 3days before departure date 1-3 days before departure date
|Greater than 7days before departure date||From 7 – 3days before departure date||1-3 days before departure date|
***Full payment for hotel booking and flight may be applied and the Customer shall be informed at the time of booking.
B. Full Payment
• Full and final payment of the tours inside Vietnam must be made 3 days before departure date
• Full and final payment of the plane ticket, train ticket, hotel booking and tours outside Vietnam must be made 7 days before departure date.
• Failure to comply may result in the cancellation of reservations and penalties on the cancellation will apply.
3. Alterations by the Company
(i) The Company reserves the right to alter, change, curtail or cancel a Tour.
(ii) The Company reserves the right to substitute accommodation outlined on the Trip itinerary with accommodation of a similar standard and value.
(iii) If prior to the arrival of the Consumer there is a cancellation, alteration, change or curtailment relating to a Tour which fundamentally alters the Tour, the Company shall if practicable, offer an alternative comparable Tour of at least similar standard or shall refund the Consumer all monies paid. Unless within 5 days of issue of the offer of an alternative Tour, it is declined by the Consumer in writing, the Company shall assume that the Consumer has accepted such an offer. Where the offer is declined the Consumer shall only be entitled to the return of payment made.
(iv) All prices quoted are stated in United States Dollars ($) and are based on transport costs (including the cost of fuel), dues, taxes or fees chargeable at airports and ports, accommodation costs, sightseeing fees and exchange rates current and appropriate at the time of publication. If any of these vary, the cost of the holiday may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of 10 days prior to the Consumer arrival date, the price of the Tour shall not be increased by the Company.
(v) If as a consequence of “force majeur” (defined in sub-paragraph (iv) below), the Company is obliged to curtail, alter, extend or cancel a Tour, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of said curtailment, alteration, extension or cancellation of the holiday.
(vi) Force Majeur means Act of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, destruction or damage to holiday accommodation, riots, acts of war, civil commotion, exercise of legislative or government action, municipal or military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a Tour, fraud perpetrated against the Company.
A. Cancellation by the Company
(i) If the Tour is not paid for by the due date, the Company shall have the right to cancel the Tour. As the result, the cancellation charges set out in Clause 4B shall apply and be payable by the Consumer.
B. Cancellation /Alteration/Postponement by the Consumer
All cancellations/Alterations/Postponement must be informed in person or in writing and received by Umove Adventure.
Greater than 30 days (1 month) prior to the Departure of all tours and services: No cancellation charge ($ 30 non refundable deposit will be forfeited)
(i) For the booking of train ticket, hotel room, flight ticket: provided case by case.
(ii) For the services and tours:
• 8-30 days before departure: 25% of the payment is forfeited
• 7 – 3 days before departure: 75% of the payment is forfeited
• Less than 3 days before departure: 100% of the payment is forfeited
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 unused or missed by the Tour member.
5. Consumers with Special Needs
(i)It shall be the Consumer’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 a 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.
6. Special Requests
(i) Special Requests (e.g. ground floor accommodation etc.) shall be communicated by the Consumer 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 2 days of departure.
7. Obligations of the Consumer
(i) The Consumer 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
(ii) It is the responsibility of the Consumer to ensure that their travel documentation is in order, e.g. passport and visa
(iii) Where the Consumer does not arrive on the agreed date, and time for the Tour, the Company is entitled to treat the Tour as having been cancelled by the Consumer
(iv) The Consumer 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
(v) The Consumer agrees to conduct himself in a proper manner so as to not to cause disturbance or offence to other holidaymakers.
(vi) Consumer agrees not to damage accommodation and should such damage arise, agrees to pay the owner for the cost of repair or replacement of same.
(i) If the Consumer wishes to make a complaint in relation to a holiday, he should inform the Company’s representative at the location where the Consumer is when the complaint arises, thereby giving the Company reasonable opportunity to rectify matters.
(ii) Notwithstanding the above, the Consumer 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.
(iii) The Consumer may also email the Director of the Company at: firstname.lastname@example.org
9. Liability and Insurance
(i) 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 Consumer.
(ii) The Company shall not be liable for any damage caused to the Consumer 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 Consumer; or
(b) the failure is attributable to a third party unconnected with the ision of the services contracted for and are unforeseeable or unavoidable; or
(c) the failure is due to force majeur as defined in sub paragraph 3 (vi) above.
The Consumer is required to have full travel insurance. It is the responsibility of the Consumer to read their insurance policy before they travel and ensure that the insurance scheme provides the Consumer with the requisite level of cover.
C. Dispute Settlement
(i) Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with this Contract are subject to the exclusive jurisdiction of the Courts of Vietnam.
(ii) The Parties will perform and complete their respective obligations in accordance with the Laws of Vietnam. This Agreement shall be governed by and interpreted in accordance with the Laws of Vietnam. Where this Agreement requires consent or approval to be obtained from State Agencies, such consent or approval shall be necessary only for so long as shall be required by the Laws of Vietnam.
(iii) The Parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through negotiation and amicable arrangement. In the event that any dispute can not be resolved through negotiation and amicable arrangement within 30 days from the date on which either Party serves a notice of dispute on the other Party, either Party shall not refer the dispute to the courts but to the Vietnam International Arbitration Centre (“VIAC”) in accordance with the rules of the VIAC for final settlement. The arbitrator or arbitrators designated in conformity with those rules shall have a power to rule on their own competence and on the validity of this Agreement to submit to arbitration. The place of arbitration is in Hanoi. The arbitration award shall be final and binding upon the Parties.
(iv) All proceedings under this Article shall be conducted, and all documents presented in connection with such proceeding shall be, in the English language. The number of arbitrators shall be three (3) with each Party to the dispute being entitled to appoint one arbitrator. The third arbitrator shall be appointed by the first two arbitrators in accordance with the rules of the VIAC in force at that time. In default, the arbitrators shall be appointed by the President of the VIAC in accordance with its rules.
(v) During and without prejudice to the course of arbitration, this Agreement shall continue to be performed.
Participation on any Tour implies full acceptance of the above conditions by the Consumer.
A . Purposes of Personal information collection
Customer’s personal information collection is only used for one or more of the following purposes:
a. To contact and send tour information to customer.
b. To process and operate clients’ reservation.
c. To process eventual marketing activities toward the customer, such as sending updates about our latest promotion and offers.
d. To produce data reports for Vietnam Tourism Department, according to Vietnam Regulation.
e. To receive and track comments, suggestions, claims from customer to improve service quality.
g. To identify customer for all communications.
h. To enhance the safety of online payment transactions.
B. Categories of collected information
The types of personal information collected by Umove Adventure may include:
a. Your Personal information such as name, gender, date of birth, passport or other personal identifiable number (passport’s date of issuance, place of issuance).
b. Your contact information such as telephone number, mailing address, email address.
c. Your credit or debit card details such as name of cardholder, card number, expiry date.
Umove Adventure needs your assistance to ensure that the Personal information is complete and accurate. So please inform us of any changes of your personal information by contacting us by means disclosed on our website.
C. Time for personal information retention
Umove Adventure will retain all personal information collected from customer on our internal system for at least 3 years after customer used our services.
D. Disclosure of collected Personal information
Umove Adventure may disclose your personal information to competent authorities, law agencies and government for security, customs, immigration and other purposes provided in law to the extent required by such bodies or by law.
E. Customer’s rights to his/her Personal information
Any Customer who voluntarily provides Umove Adventure with his/her personal information is entitled to the following rights:
a. Request to review the personal information provided.
b. Request to delete the personal information collected by Umove Adventure
Customer can exercise any of the aforementioned rights by contacting us via email or at the address disclosed on our website.
If customer provides incorrect or incomplete personal information which prevents us from verifying your identity, we might be unable to uphold customers’ above privacy rights.
F. PHOTO AND VIDEO USE POLICY
Consumer may be filmed and/or photographed during the length of the trip, and agrees to allow the Company to use his/her image, voice, and likeness for promotional purposes. In case that the Consumer do not wish to have his/her image recorded, the Consumer should communicate it to the Company before the departure date of the trip by contacting in writing at email@example.com