- The Contract
A. Formation of the Contract
No contract shall arise until the Company has received
- Completed online payment forms by email.
- Full payment for the Tour
B. Termination of the contract
The Company reserves the right to terminate this Contract if the behavior 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 canceled 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 biking gear), you agree to be responsible for any necessary replacement and/or repair cost
A . Deposit
Deposit & Payment
A deposit is required to confirm your reservations at the time of booking.
Greater than 14 days before departure date
7-14 days before departure date
· Plane, Train ticket and hotel booking
· Tour services
***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 tour services must be made 7 days at least before the departure date
- Failure to comply may result in the cancellation of reservations and penalties for the cancellation will apply.
C. Children Policy
Whatever policy we obtain from our close suppliers, we pass on those good deals to you. Sometimes, some of the policies might vary and be better for the benefit of clients. Make sure you always check further with the travel consultant. Otherwise, the general policy is as below:
- Less than 2 years old, free of charge for tour.
- From 2 to 5 years old, 50% charge for tour.
- From 6 to 10 years old, 75% – 85% charge for tour (depend on accommodation policy also)
- From 11 years old & up, charge as an adult passenger.
Sightseeing or day tour might include flight ticket, sleeper train ticket or ferry boat, so extra charge might be applied. Or if your kids need extra beds or his own room, the extra fee can be charged.
- 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 majeure” (defined in sub-paragraph (vi) 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 Majeure 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 after informing consumers by writing as email, 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/Postponements must be informed in person or in writing and received by YESD. Greater than 40 days (1 month) prior to the Departure of all tours and services: No cancellation charge ( but $45 non refundable deposit will be forfeited).
* For the booking of train ticket, hotel room, flight ticket : provided case by case.
* For other tour services:
- Between 40 – 30 days of scheduled tour departure : 25% of the payment is forfeited
- Between 30 – 15 days of scheduled tour departure : 50% of the payment is forfeited.
- Between 15 – 7 days of scheduled tour departure: 75% of the payment is forfeited
- From 7 days or less of scheduled tour departure: 100% of the payment is forfeited
Any late amendments to a confirmed booking may be added a fee imposed by YESD Travel where applicable and subject to the specific circumstances.
In some other cases, we are flexible with the policy above to meet the best benefit for our clients, please advise any wish you have directly to your travel consultant
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.
- 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.
- Special Requests
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 endeavors 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.
- 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 offense 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 a 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 the port of departure. Any complaint received after this period will not be entertained.
(iii) The Consumer may also email the customer service of the Company at: email@example.com
- 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 mision of the services contracted for and are unforeseeable or unavoidable; or
(c) the failure is due to force majeure as defined in sub paragraph 3 (vi) above.
Nobody should travel abroad without an insurance package that covers emergency medical evacuation, hospital costs, and repatriation. YESD Travel recommends strongly to the client and considers it a prerequisite to confirm any booking of your travel. You may also wish to purchase a policy to cover trip delay, cancellation or lost and stolen belongings. Please ask your travel agent or contact our sales experts for an appropriate recommendation or review the insurance policies prior to your final payment.
C. Dispute Settlement
All disputes, claims and litigation regarding the Services shall first be settled by way of negotiation and mutual understanding. In the event such negotiation and mutual understanding come to failure, the disputes, claim or litigation shall be finally settled by arbitration of the Vietnam International Arbitration Centre (VIAC) at the Chamber of Commerce and Industry of the Socialist Republic of Vietnam. Claims must be submitted in writing within 30 days after the end of the services.
A . Purposes of Personal information collection
Customer’s personal information collection is only used for one or more of the following purposes:
- To contact and send tour information to customers.
- To process and operate clients’ reservations.
- To process eventual marketing activities toward the customer, such as sending updates about our latest promotions and offers.
- To produce data reports for Vietnam Tourism Department, according to Vietnam Regulation.
- To receive and track comments, suggestions, claims from customers to improve service quality.
- To identify customers for all communications.
- To enhance the safety of online payment transactions.
B. Categories of collected information
The types of personal information collected by YESD may include:
- Your Personal information such as name, gender, date of birth, passport or other personal identifiable number (passport’s date of issuance, place of issuance).
- Your contact information such as telephone number, mailing address, email address.
- Your emergency contact in case of emergency things happen.
- Your health and diet condition.
YESD 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
YESD 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
YESD 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 YESD with his/her personal information is entitled to the following rights:
- Request to review the personal information provided.
- Request to delete the personal information collected by YESD.
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 of 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 firstname.lastname@example.org