GTC
General terms and conditions
During the exchange of communication between the client and Unseen Vietnam Tours Limited Company, there is no obligation for the client or Unseen Vietnam Tours Limited Company.
When the customer expresses their intention to purchase, Unseen Vietnam Tours Limited Company will check availability and send a proforma invoice with details and payment instructions.
Bookings can be made by e-mail, fax or in person with a representative of Unseen Vietnam Tours Limited Company.
The booking will be confirmed when a non-refundable deposit has been paid in accordance with the proforma invoice details. Once the deposit has been received by Unseen Vietnam Tours Limited Company, a confirmation will be sent to the customer.
By making payment, the customer implicitly agrees to the general terms and conditions and the cancellation conditions stated in the proforma invoice and confirmation.
In the case of advance payments, the customer is obliged to pay the remaining amount on the due date at the latest in order to avoid cancellation fees.
It is very important that the customer checks the data, prices and dates stated in the proforma invoice and confirmation before payment.
In case of errors, it is important that customers inform Unseen Vietnam Tours Limited Company as soon as possible to amend the documents.
If the customer wishes to cancel the booking, a written notification must be sent by email to Unseen Vietnam Tours Limited Company by the contact person. The date of cancellation is the date on which the Unseen Vietnam Tours receives the part of this written notice. In the event of cancellation by the customer, the following cancellation charges will apply (unless otherwise stated in your booking confirmation):
- up to 30 days before departure 25 %
- up to 21 days before departure 40 %
- from 20 to 14 days before departure 60%
- from 13 to 8 days before departure 70%
- from 7 days before departure 100% of the travel price
No-shows and last-minute cancellations will be charged 100% of the total price
We reserve the right to demand higher, individually calculated compensation instead of the above-mentioned flat rates, insofar as we can prove that we have incurred higher expenses than the applicable flat rate. You have the right to provide a substitute participant, whereby the above conditions remain unaffected.
Unseen Vietnam Tours Limited Company may decide to cancel a program for safety reasons, bad weather and adverse conditions. In this case, a full or partial refund is possible.
In the event that the program or tour is canceled due to force majeure, natural disasters, events beyond the control of Unseen Vietnam Tours, mechanical problems or other sudden and unforeseen reasons, partial refunds for cancellations are at the discretion of Unseen Vietnam Tours Limited Company .
Unseen Vietnam Tours Limited Company will wait for guests as follows before the booking is canceled and non-refundable:
Pick up at airports, ports, piers and train stations - Unseen Vietnam Tours Limited Company staff or representatives will wait for customers not more than sixty minutes from the original ETA arrival time (estimated time of arrival). Or from the time communicated by the customers.
In case of delay, the customer is obliged to inform Unseen Vietnam Tours Limited Company by e-mail, phone call or SMS. Unseen Vietnam Tours Limited Company hotline +84 33 414 4214 (06:00 to 21:00) or via the emergency number provided in your booking confirmation. There may be a surcharge for rebooking.
Pick-up at hotels, villas, private residences and other accommodations - Unseen Vietnam Tours Limited Company staff or representatives will wait for customers who arrive no more than twenty minutes from the agreed and scheduled time.
Pick-up times for transfers to the airport are based on our experience of typical transfer times and include a margin for possible delays caused by traffic jams, accidents, mechanical breakdowns, airport queues, customs and immigration.
In the unlikely event of a late arrival at the airport, Unseen Vietnam Tours Limited Company, as well as its subsidiaries, and agents, cannot be held responsible for any delay, or be held liable for any costs or inconvenience caused directly or indirectly by any service or by any force majeure or other event beyond our control, including but not limited to war, civil unrest, severe weather, labor disputes, accidents or breakdown of machinery, equipment, vehicles.
Some of the activities and tours are not suitable for children under the age of three or for pregnant women. Especially all programs with speedboats. It is the customer's responsibility to check with Unseen Vietnam Tours Limited Company before making a booking whether the activities and tours are suitable for them.
The customer is not entitled to change the travel date, the destination, the place of departure, the accommodation or the mode of transportation (rebooking) after conclusion of the contract. If a rebooking is nevertheless made at the customer's request up to 30 days before departure, Unseen Vietnam Tours Limited Company may charge a rebooking fee according to the additional costs incurred, which must be specifically quantified and documented by Unseen Vietnam Tours Limited Company.
Customer rebooking requests made less than 30 days before the start of the trip, if at all possible, can only be carried out after withdrawal from the travel contract under the cancellation conditions and simultaneous rebooking.
Until the start of the tour, the traveler may request that a third party enter into the rights and obligations arising from the travel contract instead. Unseen Vietnam Tours Limited Company may object to the entry of the third party if the third party does not meet the special travel requirements or if legal regulations or official orders prevent its participation. If a third party enters into the contract, he and Unseen Vietnam Tours Limited Company are jointly and severally liable for the tour price and the additional costs incurred by the entry of the third party.
Claim
The customer must assert claims for non-contractual provision of the tour within one month of the contractually agreed end date of the tour. The assertion can only be made within the deadline to Unseen Vietnam Tours Limited Company at the address given below. After expiry of the deadline, the customer can only assert claims if he has been prevented from meeting the deadline through no fault of his own. However, this does not apply to the deadline for reporting baggage damage, delayed delivery of baggage or loss of baggage in connection with flights in accordance with . These must be reported within 7 days of delivery in the case of lost baggage and within 21 days of delivery in the case of delayed baggage.
Claims of the customer according to §§ 651c to 651f BGB are subject to a limitation period of one year.
The limitation period begins on the day on which the tour should end according to the contract. If negotiations between the customer and Unseen Vietnam Tours Limited Company about the claim or the circumstances justifying the claim are pending, the limitation period is suspended until the customer or Unseen Vietnam Tours Limited Company refuses to continue the negotiations. The statute of limitations will expire at the earliest 3 months after the end of the suspension. All relevant claims must be asserted by the traveler in writing by e-mail or post within one month after the end of the travel services booked by us.
If the customer does not make use of individual travel services that were duly offered to him for reasons attributable to him (e.g. due to early return or for other compelling reasons), he is not entitled to a pro rata refund of the travel price. Unseen Vietnam Tours Limited Company will endeavor to reimburse the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if statutory or official regulations prevent reimbursement.
Notice of defects
If the tour is not provided in accordance with the contract, the customer may demand remedy. However, the customer is obliged to notify Unseen Vietnam Tours Limited Company immediately of any travel disruption that has occurred. If the customer culpably fails to do so, the tour price will not be reduced.
This only does not apply if the complaint is clearly futile or unreasonable for other reasons.
The customer is obliged to inform the local contractual partner (according to the voucher) at the vacation destination immediately of any problems. If there is no tour guide at the vacation destination, any travel defects must be reported to Unseen Vietnam Tours Limited Company at its registered office.
The customer will be informed about the availability of the tour guide or Unseen Vietnam Tours Limited Company in the service description, but at the latest with the travel documents. The tour guide is authorized to take remedial action if possible. However, it is not authorized to recognize claims of the customer.
Deadline before termination
If a customer wishes to terminate the travel contract due to a travel defect of the type specified in § 615 c BGB in accordance with § 615 e BGB or for good cause recognizable to the tour operator due to unreasonableness, he must first set Unseen Vietnam Tours Limited Company a reasonable period of time to remedy the situation. This does not apply only if remedy is impossible or refused by Unseen Vietnam Tours Limited Company or if the immediate termination of the contract is justified by a special interest of the customer recognizable to the tour operator.
Lost and delayed baggage
Unseen Vietnam Tours Limited Company strongly recommends that any damage or delays in air travel be reported immediately on the spot to the relevant airline by means of a Passenger Information Report (P.I.R.). Airlines usually refuse to refund if the P.I.R. has not been completed. The damage report must be submitted within 7 days in the case of lost baggage and within 21 days of delivery in the case of delayed baggage. Otherwise, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of the tour operator.
Travel documents
The customer must inform Unseen Vietnam Tours Limited Company if he/she does not receive the required travel documents (e.g. flight ticket, service voucher) within the period communicated by the tour operator.
Duty to mitigate loss
The customer must prevent the occurrence of damage as far as possible and minimize any damage that has occurred. In particular, he must inform Unseen Vietnam Tours Limited Company of the risk of damage.
The contractual liability of Unseen Vietnam Tours Limited Company for damages other than bodily injury is limited to three times the tour price:
a) insofar as damage to the customer is caused neither intentionally nor through gross negligence, or
b) insofar as Unseen Vietnam Tours Limited Company is responsible for damages incurred by the customer solely due to the fault of a service provider.
Unseen Vietnam Tours Limited Company is liable for all claims for damages against the organizer in tort, which are not based on intent or gross negligence, for property damage up to EUR 4,100; if the triple tour price exceeds this amount, the liability for property damage is limited to the amount of three times the tour price. These maximum liability amounts apply per traveler and trip. Any further claims in connection with luggage in accordance with the Montreal Convention remain unaffected by the limitation.
Unseen Vietnam Tours Limited Company is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. excursions, stop-over services and other services, transportation services from and to the advertised departure and destination) if these services are expressly and clearly identified as third-party services (third-party services) in the travel description and the booking confirmation, stating the contractual partner arranged, so that they are recognizably not part of the travel services of Unseen Vietnam Tours Limited Company for the customer.
However, Unseen Vietnam Tours Limited Company is liable:
a) for services which include the transportation of the customer from the advertised point of departure to the advertised destination, intermediate transportation during the trip and accommodation during the trip,
b) if and insofar as the breach of information, clarification or organizational obligations of Unseen Vietnam Tours Limited Company has caused damage to the customer.
If Unseen Vietnam Tours Limited Company acts as a contractual carrier, its liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention (only for flights to the USA and Canada). These conventions generally limit the carrier's liability for death or personal injury and for loss of or damage to baggage. If Unseen Vietnam Tours Limited Company is a service provider in other cases, it is liable in accordance with the provisions applicable to them.
If Unseen Vietnam Tours Limited Company has the status of a contractual shipowner for ship voyages, its liability is also governed by the provisions of the German Commercial Code and the Inland Navigation Act.
For the risk activities and sports offered by Unseen Vietnam Tours Limited Company and mentioned below, namely horseback riding, jet skiing, trekking tours, ziplining, scuba diving, off-road, ballooning, climbing and abseiling in a climbing gym, climbing and abseiling on a mock climbing wall, climbing and abseiling in open terrain, guided motorcycle tours, safaris in national parks, white water rafting and canoeing, caving, mountaineering, paragliding, deep sea diving, the following also applies:
a) Unseen Vietnam Tours Limited Company offers these activities to its customers so that they can gain experience through their own actions. Unseen Vietnam Tours Limited Company does not guarantee that customers will be able to carry out all or part of the activities offered; whether a customer can carry out all or part of the activities offered depends solely on the customer's personal, physical and mental condition. The performance of the said activities is solely at the customer's own risk. Unseen Vietnam Tours Limited Company recommends all clients to insure these risks of these activities individually before traveling or on site.
b) The information regarding the time and duration of the activities offered is for guidance only. The activities may be completed in groups together with other participants. Waiting times cannot be ruled out.
Participation in certain activities requires a minimum level of personal suitability (e.g. height, age, state of health, weight). These requirements are specified for the individual activities before booking. Once the booking has been made, the customer is solely responsible for ensuring that these minimum requirements are met. The costs of the activity will not be refunded if the minimum requirements are not met.
c) Many activities take place outdoors and are subject to weather conditions. If participation in an activity is dependent on certain weather conditions, Unseen Vietnam Tours Limited Company will inform you of this in the descriptions. It may be necessary to check the weather conditions on site shortly before or on the day of participation. If the activity is not feasible due to weather conditions, it can be rebooked on the spot if possible. However, in such cases, Unseen Vietnam Tours Limited Company will not be liable for any expenses or damages incurred by the customer in connection with the attempted or renewed use of the service (activity) (e.g. travel costs, accommodation, escorts, etc.).
d) For activities where certain vehicles, certain technical equipment and techniques or certain person have been described in terms of content and are not available for the experience on the day of participation, Unseen Vietnam Tours Limited Company reserves the right to provide appropriate substitutes if possible. If this is not possible, Unseen Vietnam Tours Limited Company reserves the right to cancel the activity, even at short notice. If no replacement can be offered within the booked tour, the price of the booked activity will be refunded. Further claims against Unseen Vietnam Tours Limited Company, e.g. claims for damages (travel costs, accommodation, etc.), are excluded.
Unseen Vietnam Tours Limited Company is responsible for informing nationals of the country in which the tour is offered about passport, visa and health regulations and any changes thereto prior to departure. For nationals of other countries, the relevant consulate will provide information.
It is assumed that there are no special circumstances in the person of the customer and any fellow travelers (e.g. dual nationality, statelessness).
Unseen Vietnam Tours Limited Company is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned Unseen Vietnam Tours Limited Company with the procurement, unless Unseen Vietnam Tours Limited Company is responsible for the delay.
The customer is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer. This does not apply if Unseen Vietnam Tours Limited Company has culpably not, insufficiently or incorrectly provided information.
The customer can only sue Unseen Vietnam Tours Limited Company at its registered place of business.
For legal actions of Unseen Vietnam Tours Limited Company against the customer, the customer's place of residence is decisive. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the lawsuit is filed, the place of jurisdiction is the registered office of Unseen Vietnam Tours.
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Should provisions of the travel contract and these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Instead, each invalid provision shall be replaced by a provision that corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies to loopholes.
Write us
We specialize in individual tours and unique travel experiences. The examples on our website should help you to realize your own ideas.
- 48 Giang Van Minh, P. An Phu, TP. Thu Duc, Ho Chi Minh City, Viet Nam
- +84 33 414 4214
- info@unseenvietnamtours.com
