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Booking Terms & Conditions
28-03-20191. Booking your tour
Unless we grant a credit term to you or we otherwise agree, bookings must be secured by a deposit of US$100 per person, or 20% of the total booking for bookings exceeding US$1,000. This deposit is non-refundable unless we cancel your tour. Full payment must be made at least 1 day on arrival prior to your departure date.
2. Prices
All prices are in United States Dollars ($) unless otherwise indicated. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the services which we arrange on your behalf. Such factors include adverse currency fluctuations, fuel costs, taxes and accommodation increases. The price is only guaranteed once paid for in full by you. No refunds will be made in respect of accommodation, meals, activities, transport or other services which are included in the tour price but, for whatever reason, are not utilized by you.
3. Cancellations by you
Cancellation of a booking by you must be made in writing. We will not regard a booking as cancelled unless and until written notice is received by us. Unless otherwise indicated by us, on cancellation the following charges will apply:
Days before departure % of trip forfeited
>60 days: Nil
60-14 days: 30%
13-8 days: 50%
7-0 days: 100%
4. Cancellation or modification by us
Every effort will be made to operate all tours as advertised but it must be remembered that our tours are planned in advance and due to factors outside our control it may be necessary to use alternative accommodation and services in some instances. We therefore reserve the right to modify or cancel any tour, accommodation or arrangement at any time. We will notify you as soon as possible of any material changes. In the event of any material modification or cancellation we will, if possible, arrange on your behalf three alternatives:
(a) services of an equivalent or similar standard, if available;
(b) services of a lower standard together with a refund of the difference in price; or
(c) cancellation with a full refund of all money paid.
A material modification is one which has a serious affect on your tour and includes a change of departure date, departure point or airport, or change of departure time of more than twelve hours, which would cause substantial inconvenience to you. A change of accommodation or transport style is not a material change. In the event that there are an insufficient number of bookings to provide a particular tour, we may cancel the tour no later than 30 days prior to the scheduled departure date, whereupon all money paid by you for your HNRT tour shall be refunded but no further compensation will be paid. You and HNRT agree to release each other from any further obligations which would have been enforceable had the tour not been cancelled.
5. Special requests
You must let us know at the time of making your booking if you have special requests or needs (such as ground floor accommodation, disability access or specific dietary requirements). We will try to meet any request you have, however, we cannot guarantee that we will be able to accommodate every person’s needs and we make no promises and take no responsibility for special requests which we are unable to fulfill. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your tour.
6. Health
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your tour.
7. Travel documents & conduct
All travelers must check their travel documentation to ensure that the dates are correct, visas have been obtained and passports have at least six months validity. Please ensure you carefully read your invoice and all other documents we send to you as soon as you receive them and contact us immediately if any information appears to be incorrect. If you do not arrive on the agreed date for your tour we may treat the tour as having been cancelled by you.
You must follow our instructions at all times and you agree to indemnify us against any loss or injury suffered as a result of failing to comply with our instructions. You must conduct yourself in a proper manner so as to not to cause disturbance or offence to other travelers and you agree to take responsibility for any damage you cause to our or any third party’s property. We will not be responsible to you for any loss or damage sustained by you arising from or in relation to your contravention of any law of any place while on the tour. You indemnify us for all third party actions taken against us for loss or damage caused by you or arising from your participation on the tour.
8. Feedback
If you’re not satisfied with any aspect of the services we have arranged on your behalf, you should report it to your tour guide so that immediate action can be taken to remedy the problem. Any feedback made to Buffalo Tours following the conclusion of the tour should be made in writing within 14 days of completion of the tour. In the event that you do not notify us in writing within 14 days, our ability to investigate negative feedback may be prejudiced.
9. Photography
We occasionally take photos during our tours for use in promotional material. Unless you advise us otherwise, you consent to such use of your photographic/video likeness.
10. Our role as agent
Certain third party-provided services (including third party-provided flights, coach and boat transport), hotel accommodation, meals, and certain sight-seeing activities are arranged by us in our capacity as agent only. Our obligation is to make bookings on your behalf for such services and to arrange relevant contracts between you and such service providers. We exercise care in the selection of reputable service providers but we have no control over, or liability for, the services provided by third parties. All bookings are made subject to the terms and conditions including conditions of carriage and limitations of liability imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in relation to such services are against the specific service provider and, except to the extent a problem is caused by fault on our part, not against us. You acknowledge that this clause shall apply to all third party-provided services notwithstanding that our tour guide may accompany you during provision of such services.
11. Monies not held on trust
All monies paid by you to us will be our property and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
12. Liability
Your booking is accepted on the understanding that you appreciate and assume the risks inherent in travel. These risks may be greater if your tour includes adventure activities or sports (such as kayaking, hiking or climbing). To the extent permitted by law, neither Buffalo Tours nor any of its related bodies corporate, directors, shareholders, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by:
(a) the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no control (including but not limited to hotel, activity and vehicle operators); or
(b) any other event which is beyond our control, including acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft, cars or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
Except in cases of death or bodily injury, our liability is limited in any event to a maximum value of the price of your tour. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such as under applicable consumer laws, our liability is limited to the remedies required of us under those laws.
Subject to these terms and conditions (including ‘Our role as agent’), our liability to you for death or bodily injury, where such death or bodily injury is not caused by or contributed to by you, is limited in accordance with any applicable international conventions, including the Geneva Convention 1973 in respect of carriage by road and the Athens Convention 1974 in respect of carriage by sea.
13. Privacy Policy
We are committed to protecting your personal information and agree to handle your personal information in accordance with our personal data protection policy which is available at Vietasiatour.com. By providing personal information to us, you agree that our personal data protection policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our personal data protection policy. In particular, you agree that in certain circumstances we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service providers. These travel service providers will in most cases receive your personal information in the country in which they will provide a service to you or in which their business is based. We may also disclose your personal information to our overseas associated entities and to service providers who perform services for us. Generally, we will only disclose your personal information to these persons in connection with facilitation of your booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any person (including any overseas recipients), we will use reasonable efforts to ensure the recipient’s compliance with relevant privacy laws; however, you acknowledge that we cannot control the privacy practices of the recipient and therefore will not be liable or accountable for how the recipient handles your personal information. We encourage you to review the privacy policies of any third party service provider whose services we arrange on your behalf. When used above, “disclose” includes ‘to transfer, share, send, or otherwise make available or accessible to another person or entity’.
14. Governing law & jurisdiction
If any dispute arises between you and us, the laws of Vietnam will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Vietnam, and waive any right that you may have to object to an action being brought in those courts. Any aspect of this agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this agreement or the validity of that provision in any other jurisdiction.
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