Terms and Conditions
Vietnam Tour Tailor Customer Terms and Conditions
Revised December 14, 2013
This Agreement sets forth the terms and conditions between Vietnam Tour Tailor Co. LTD. (“VTT”) and users who use our services to purchase tours and travel services (“You”) from individuals who guide the tours (“Tour Guides”). This Agreement explains how You purchase tours and travel services and specifically limits the liability of VTT.
You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
VTT connects You with Tour Guides who are guiding in a certain area and the local services providers all around Vietnam. We do this through our website, asiapearltravel.com (“Site”), which is a communications and payment processing system that enables the connection between You, the Tour Guides and service providers.
You understand that the Tour Guides presented on the Site are independent contractors and that the Tour Guides are not employees or agents of VTT. You hereby understand and expressly agree that VTT is in charge of controlling the quality of services provided and the Tour Guides.
For tourists want to share the experience with a guide not listed on the site, you can simply send us the photo and a name you know with the area he (she) works. VTT will use its best efforts to monitor Tour Guide profiles and if the guide meets the guideline policies of VTT, we will list the guide on site. By using this Site, you agree to report any alleged improprieties of any Tour Guides to VTT immediately.
You may seek the services of a land tour operator in Vietnam and want a guide that you know in advance will lead the tour through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract between You and the Tour Guide and with VTT. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, You should contact VTT and we will attempt to resolve the issue.
VTT uses a third party service to process your credit card information. For further information regarding that service, please contact VTT credit card processing company(ies). You hereby agree to hold VTT harmless for any damages that may result should any personal information about You be released by any third parties.
Any cancellation by You must be made by telephone or email and acknowledged by VTT. The date on which the request to cancel is received by VTT will determine the refund due as follows:
For Booking a Tour and reserve a Guide:
It is the instant that when you book the tour and reserve the guide for your trip, the guide will not be able to accept any other tours. For your booking of the tour and reservation of a specific guide, it will be 40$ fee which is Non-refundable. The amount will be paid in VND with the inter-bank exchange rates.
In some cases, the Tour Guide you choose may cancel a tour due to weather, sickness or other circumstance. In the event that the Tour Guide cancels the tour, or does not deliver it as promised, You may choose between getting a recommended guide from VTT, rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour guide. If you choose to accept a credit, the difference in the cost of the alternative tour guide salary (If there is) with the one you chose will be refunded by VTT or paid by You, as applicable.
NONE LEFT BEHIND
4. ‘No One left Behind’ Shore Excursion Guarantee
VTT guarantees that in the unlikely event that you miss your ship, we will arrange overnight accommodation and transport to the next feasible port-of-call.
Here are some further details about our guarantee:
• If any tour, not just shore excursions, is cancelled because of a ‘force majeure’ event, you will receive a full refund. For shore excursions, this typically means such things weather conditions preventing your ship from docking, or if your ship arrives late or otherwise does not dock.
• This policy must be specifically stated in the ‘Inclusion’ section of the booking.
• We won’t cover you if the reason for missing your ship is caused by your own actions or personal situation, for example if you deviate from the agreed-upon itinerary, become ill, get arrested etc.
• You must contact us first so that we can be part of the solution in arranging accommodation and transportation. You can’t make these arrangements on your own.
ACCEPTANCE OF RISK AND WAIVER OF LIABILITY
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release VTT and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of VTT, whether such negligence is passive or active.
Prior to tour commencement, the we may ask You to sign a Liability Release, and You can view a copy of the Liability Release by accessing the following link:
Whether the signing of the Liability Release is required is disclosed when you use the Site to book the tour.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither VTT or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with VTT unless you first obtain express written permission from VTT.
INFORMATION PROVIDED BY YOU
You are responsible for providing accurate, timely and complete information in connection with Your registration for the use of the Site. VTT is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
VTT uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information regarding that service, please contact VTT’ credit card processing company.
Onepay.vn – www.onepay.vn
MODIFICATION OF THE TERMS OF THIS AGREEMENT
VTT reserves the right to make changes to this Agreement from time to time. VTT shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
TERMS OF AGREEMENT
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, VTT may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of VTT as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability); Section 15 (Legal Claims); and Section 16 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, VTT reserves the right, without prejudice to any other rights or remedies available to VTT, to terminate your use of this Site immediately at its sole discretion.
INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that You see or read on the Site is owned by VTT, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of VTT.
NOTICE OF TRADEMARK RIGHTS
The service marks and trademarks VTT and the VTT logo are service marks owned by VTT. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of VTT or the applicable owner.
VTT is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the VTT Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. VTT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Under no circumstances will VTT be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of VTT arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to VTT under this Agreement.
Any notice or other communication to be given here-under will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
16. Legal Claims
For all disputes between VTT and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and VTT, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the Hanoi city, Vietnam Socialist Republic, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Hanoi city, Vietnam Socialist Republic. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the Hanoi court, Vietnam Socialist Republic, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.