Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
- Making a Booking
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(i) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
(iii) he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(iv) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
- You are aware that cancellations or amendments to bookings may be subject to additional charges.
- You check carefully all the paperwork provided and read these Viet Orchid Travel booking conditions.
- You have the necessary entry visas for all the countries you are visiting.
- You hold a valid passport with at least 6 months validity remaining beyond the duration of your holiday.
- You have received professional medical advice and any necessary vaccinations.
- Reconfirming your flights: Most airlines advise us that it is no longer necessary to reconfirm flights, however we recommend that you check your flight status within 24 hours of each departure. This should be done directly with the airline on their website.
When you request to a book a holiday with us, we require a deposit which secures your reservation with us. This deposit does not guarantee the availability of the travel arrangements that make up your holiday, once all services have been confirmed and in the case of flights, all airline tickets have been issued, we will then send you your booking confirmation.
It is your responsibility to check all the details listed on your quote documents carefully before confirming your booking. It is essential that you advise us of any errors immediately. In certain circumstances there can be a charge for amending any errors (i.e. an incorrectly spelled name on an issued airline ticket).
To confirm a booking over 6 weeks before departure:
20% deposit calculated from the total tour cost
To confirm a booking within 6 weeks of your departure:
Full payment will be required upon confirmation of your holiday availability in most instances.
Full payment deadlines are set to protect your booking as airlines and operators are within their rights to raise prices and in some instances cancel bookings.
If the balance due date is not met, your travel arrangements may be cancelled and you may forfeit your deposit. It is therefore to your advantage to finalise payment as soon as possible. (Please note: these payment terms are liable to change – your consultant will advise you at the time of booking).
How to pay:
Payments by credit/debit card (Visa or MasterCard) are via our secure online system. We apply a 2.9% service charge for this method. All online transactions are in US Dollars
If payment is made via bank transfer, it must be done in US Dollars. We agree to share bank fees. You pay all sending (and intermediary charge) and we will pay receiving fees at our end. Full details of our bank and SWIFT codes will be provided.
We endeavor to ensure that all the information and prices on our website are accurate, however occasionally changes and errors occur and we reserve the right to correct errors in the prices of confirmed holidays and other details in such circumstances.
Once your holiday with us has been confirmed, the price is guaranteed and will not change unless there has been an error in the price of your holiday.
While we cannot arrange travel insurance for you, adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. You are normally liable for cancellation charges from us after booking. You should have travel insurance in place to cover cancellation.
If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
- Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by Vietnamese law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Provincial Peoples Court in Hue City.
- Cutting your holiday short
If you choose to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
- If you change your booking and transfers of booking
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 7.
- If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received by email by us and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, unless otherwise agreed with us in writing, you will have to pay the cancellation charges as follows:
More than 30 days prior to departure: cancellation fee of 15% of the total cost
Between 30 and 8 days before departure: cancellation fee of 50 % of the total cost
Between 7 days and 48 hours before departure: cancellation fee 75 % of the total cost
Less than 48 hours before departure: cancellation fee of 100 % of the total cost
No- show: No refund
Note: There may be specific tours for private groups that will necessitate terms and cancellation fees more onerous than the above. In these cases, we will provide detailed documentation prior to your acceptance.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. Additionally, other providers (hotels, airlines etc) may have their own policies for cancellation and these might affect the refunds payable to you.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation, nor monies we can not recover from other suppliers or providers. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. Please note that your right to cancel in these circumstances will only apply where the Travel Advisory published by the relevant department of your own country government (see examples below) advises against travel to your destination(s).
Example categories of foreign travel advice. You must consult the advice level issued by your own country.
For USA citizens: Level 4 – Do Not Travel
For UK citizens: Against All Travel
For Australia citizens: Level 4 – Do Not Travel
This clause 8 outlines the rights you have if you wish to cancel your booking.
- If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of domestic or regional flight that we have booked on your behalf, change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that carriers such as airlines specified on your booking are subject to change.
Domestic and regional carriers can and do alter flight schedules, sometimes without notice. We will assist wherever possible in rearranging any services that may be affected, but we cannot be held responsible for missed connections, hotel rearrangements or any other cancelled services or elements of your tour. You should have suitable travel insurance to cover this.
We will not cancel your travel arrangements once they have been confirmed except for reasons of force majeure or failure by you to pay the final balance.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for significant changes) accepting the changed arrangements; or
ii Rearranging the booked services to a different date
iii Refund of the cost of your tour, less any direct costs incurred
- Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
- Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
If you have a food allergy and have notified us of this at the time of booking, we will advise all our suppliers accordingly. You must still make your allergy known to all concerned people, while on tour.
We will also translate your allergy or condition into local language(s) and provide printed copies for you to use if you request this from us.
- Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier, local operations manager or tour guide) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by email email@example.com
If this cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
- Your Behaviour
You must strictly comply with all laws and regulations of all the countries visited on your trip, and comply with all reasonable instructions of the guide relating to the safety and organisation of your trip. By way of example, many countries have different laws and regulations regarding photography, e-cigarettes, medication and drone usage. All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager, guide or tour manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately.
In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other aspects of your package will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
- Our Responsibilities
(i) We will accept responsibility if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(ii) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) Force Majeure (as defined in clause 9).
(iii) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
- Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
- Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers – especially hotels. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
- Prompt assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise though your or your party’s negligence.
- Delays, missed transport arrangements and other travel information
If you or any member of your party misses your international flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The carrier(s), flight timings and route are for guidance only and are subject to alteration and confirmation. The latest flight timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
- Foreign Travel Advice
You are responsible for making yourself aware of foreign travel advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from your country’s government department to avoid or leave a particular country or countries will constitute Force Majeure (see clause 9 above).