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 email 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.

Please note that the final payment for your booked trip must be received in our account by the date stated in your confirmation.

If payment is not made on time, we are entitled to cancel the trip and retain the deposit paid as compensation. This is necessary in order to cover the costs incurred by the late payment and to ensure our planning security.

We therefore ask you to transfer the final payment on time. If you have any questions or difficulties with payment, please do not hesitate to contact us.

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 30 %
  • 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 make changes to the travel date, the destination, the place of departure, the accommodation or the mode of transport (rebooking) after conclusion of the contract. 

Changes requested by the customer (travel date, hotel, route):

  • More than 45 days before departure: subject to availability, processing fee of 50 euros plus any additional costs incurred (flight rebookings, hotel bookings, etc.)
  • 30-45 days before departure: processing fee of 100 euros plus any additional costs incurred
  • 15-30 days before departure: 30% of the travel price, rebooking can be refused
  • Less than 15 days before the start of the trip: only possible as a cancellation and new booking

 

Name change:

  • At least 14 days before departure: processing fee of 50 euros plus additional costs for flight/hotel bookings
  • Less than 14 days: not possible

 

Changes made by UnseenVietnam Tours Limited.

We reserve the right to change the itinerary, hotels or means of transport for operational, weather or safety reasons. In the event of significant changes, you can cancel free of charge and receive a refund of the amount paid.

Obligation to register while travelling

Defects or problems must be reported immediately on site to the tour leader or guide so that we can find an immediate solution. This is the only way we can help you during the trip.

Complaint period after the end of the journey

Claims for services not provided in accordance with the contract must be submitted to us in writing by e-mail or post within 15 days of the end of the trip. Please enclose relevant supporting documents (photos, receipts, etc.).

After expiry of this period, no further claims can be asserted unless you were prevented from complying with the deadline through no fault of your own.

Contact address for complaints

Please address complaints to:

Cong Ty TNHH UNSEEN VIETNAM TOURS

Address: 27C Quốc Huong, Phường An Khánh, Thành phố Hồ Chí Minh - Vietnam [email protected]

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.

Definition of

Force majeure includes: Natural disasters, extreme weather conditions, typhoons, floods, landslides, pandemic, war, terrorism, riots, governmental orders and other unforeseeable events beyond the control of Unseen Vietnam Tours Limited.

Cancellation by Unseen Vietnam Tours Limited

In the event of force majeure, the organiser may cancel the trip in whole or in part. You will then receive:

  • A free rebooking to an alternative date within 12 months OR
  • A full refund of amounts already paid for the cancelled services

 

Weather-related transport cancellations

If means of transport (ferries, boats, domestic flights) are cancelled due to weather conditions:

  • You will receive a refund or rebooking for the cancelled service
  • Additional costs (accommodation, alternative transfers, catering, lost bookings) shall be borne by the customer himself
  • The organiser will endeavour to provide organisational support, but accepts no responsibility for costs

 

Partial programme changes

In the event of partial changes due to weather conditions (e.g. cancellation of an island tour):

  • If possible, we offer an equivalent replacement programme
  • In the event of non-feasibility: pro rata refund of the cancelled service
  • No compensation for indirect consequential costs

 

No liability for force majeure

The customer cannot claim damages or compensation for losses caused by force majeure. This also applies to:

  • Additional accommodation and catering costs
  • Missed connecting flights or bookings
  • Holiday reduction or programme cancellation
  • Missed experiences

 

Travel insurance recommendation

We strongly recommend comprehensive travel insurance that covers weather-related travel interruptions, additional accommodation costs and extra expenses.

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 deficiency or for an important reason recognisable 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 only does not apply if remedial action is impossible or is refused by Unseen Vietnam Tours Limited Company or if the immediate cancellation of the contract is justified by a special interest of the customer that is recognisable to 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.

Personal responsibility

The traveller is responsible for:

  • Sufficient physical fitness for the booked activities
  • Necessary vaccinations and medical precautions
  • Carrying required medication
  • Compliance with local safety instructions

 

State of health

The traveller must inform the tour operator of any relevant health problems, allergies or special needs before the start of the trip. The organiser cannot guarantee that special needs will be taken into account.

Rules of behaviour

The traveller undertakes:

  • follow the instructions of the guide and local authorities
  • Respect local laws, customs and traditions
  • Not to consume illegal substances
  • Not to behave in a way that is detrimental to other participants or the reputation of the organiser

 

In the event of a breach of these rules, the traveller may be excluded from further participation without reimbursement of the tour price.

Exclusions of liability

Unseen Vietnam Tours Limited Company accepts no liability for any damage, loss or injury caused by:

  • Force majeure, natural disasters, storms, floods, landslides or other unforeseeable events
  • Strikes, unrest, political instability, terrorism or official orders
  • Accidents or incidents during transport by third-party providers (airlines, bus companies, boats, etc.)
  • Theft, loss or damage to the traveller's personal property
  • delays or changes to means of transport that are beyond the organiser's control
  • Illness, injury or death due to accidents during activities (trekking, swimming, motorbike riding, etc.)
  • Quality or service of hotels, restaurants and other third-party providers
  • Failure or negligence on the part of local guides, drivers or other authorised persons

 

Third-party services

The Organiser acts exclusively as an agent for the services of airlines, hotels, restaurants, transport providers and other service providers. The Organiser bears no responsibility for their services and any shortcomings.

Maximum adhesion

In the event of demonstrable negligence on the part of the organiser, liability is limited to reimbursement of the travel price paid. Further claims for damages 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.

Tour prices do not include travel insurance unless expressly stated otherwise in the booking confirmation. Unseen Vietnam Tours Limited Company expressly points out that comprehensive insurance cover is required by law and contract when travelling in Vietnam.

The customer is obliged to take out valid international health insurance (including cover for medical evacuation and repatriation) and accident insurance for the entire duration of the trip. With the booking, the customer confirms that such insurance cover exists.

If the customer does not have his/her own insurance cover, he/she is obliged to inform Unseen Vietnam Tours Limited Company before travelling so that appropriate insurance can be arranged for a fee. Unseen Vietnam Tours Limited Company assumes no liability for costs arising from the lack of insurance coverage.

a) Unseen Vietnam Tours reserves the right to amend the travel price agreed upon in the travel contract in the event of an increase in transport costs or charges for specific services, such as airport fees, or a change in the exchange rates applicable to the relevant journey, in accordance with the following provisions, provided that more than 4 months lie between the conclusion of the contract and the start of the journey and the circumstances leading to the change had not occurred or were not foreseeable by the tour operator at the time the contract was concluded:

b) If the carriage costs existing at the time of concluding the contract, particularly fuel costs, increase, the tour operator may

b1) in the case of a price increase related to the seat, to demand the amount of the increase

b2) in other cases, divide the additional transport costs charged by the transport company per means of transport by the number of seats in the agreed means of transport and charge the resulting increased amount per individual seat.

If existing charges such as airport fees are increased for the tour operator, the travel price can be raised by the corresponding proportionate amount.

d) In the event of changes to exchange rates after the conclusion of the travel contract, the price of the trip may be increased to the extent that this has made the trip more expensive for Unseen Vietnam Tours.

e) In the event of a subsequent change in the tour price, Unseen Vietnam Tours shall inform the traveller immediately. Price increases from the 20th day prior to departure are invalid.

f) In the event of price increases of more than 8%, the traveller is entitled to withdraw from the travel contract free of charge.

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.

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