Creating the Contract
No contract shall be deemed to be binding and valid until Indochina Kite Travel has received:
(i) the confirmation confirmed by the Customer and
(ii) the required deposit or full payment for the Tour.
Termination of the Contract
Indochina Kite Travel reserves the right to terminate the Contract if the Customer’s behavior, conduct, manner and/or actions, either prior to or during the Tour, are likely to cause offence to other customers, or endanger the safety, well-being, property and/or benefits of other customers, Indochina Kite Travel staff and associates, or the Customer himself/herself. In such cases, full cancellation charges as set out in Section 4 below shall apply and Indochina Kite Travel shall have no further liability toward the Customer. If the behavior, conduct, and/or actions of the Customer cause any damage to the accommodation in which the Customer is staying, or causes the delay or diversion of any means of transportation and/or the Tour, the Customer agrees to fully indemnify Indochina Kite Travel against any claim (including legal costs) made against Indochina Kite Travel by or on behalf of any relevant third party.
Deposits
A CASE-BY-CASE REFUNDABLE deposit of 50% of the total cost of the Tour (GIT) and related services is required upon booking confirmation
A deposit of 50% of the total cost will be settled upon confirmation
Full Payment
Full payment for the Tour (50%) must be received no later than Thirty (30) days before the Customer’s arrival in our destination.
All payments must be made by 1) Credit card, 2) Western Union or 3) Electronic transfer to the appropriate account.
All prices are quoted in United States Dollars (US$) and are based on transport costs (including the cost of fuel), dues, taxes or fees chargeable at airports and ports, accommodation costs, sightseeing fees and the current appropriate exchange rates at the time of publication. Tour prices may increase or decrease according to any variances in the aforementioned costs and rates. Any such increase/decrease will be paid by or refunded to the Customer. Indochina Kite Travel will not increase Tour prices less than 30 days prior to the Customer’s arrival date in Vietnam.
Whilst Indochina Kite Travel will do everything reasonably possible to provide the Customer’s tour itinerary as planned, Indochina Kite Travel reserves the right to alter itineraries, transport and/or accommodation if necessary. In such cases, Indochina Kite Travel will notify the Customer of the alterations in writing at least one week prior to the Customer’s arrival in Vietnam.
Cancellation by Indochina Kite Travel
If no deposit is paid, or the Tour is not paid in full by the due date, Indochina Kite Travel reserves the right to cancel the Tour. If Indochina Kite Travel, at the request of the Customer, agrees to delay cancellation of the Tour, Indochina Kite Travel has the right to cancel the Tour if the Customer does not pay as agreed in further negotiations and the cancellation charges set out in Clause below will apply and be payable by the Customer.
If the Customer cancels the Tour reservation, the effective date of cancellation will be the date Indochina Kite Travel receives written notification thereof. Customer cancellation charges are listed below.
– If the Customer cancels the tour more than 90 days prior to the start date, no charge
– If the Customer cancels the tour from 89 days to 30 days prior to the start date, 20% of the total amount will be charged
– If the Customer cancels the tour from 29 days to 15 days prior to the start date, 50% of the total amount will be charged
– If the Customer cancels the tour from 14 days to 07 days prior to the start date, 80% of the total amount will be charged
– If the Customer cancels the tour from 06 days to the start date, 100% of the total amount will be charged
Note: Since some suppliers (hotels, cruise companies, etc) have cancellation policies that differ from those of Indochina Kite Travel, the cancellation charge may, at Indochina Kite Travel’s discretion, be adjusted accordingly.
No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services included in the Tour price but not utilized by the Tour member.
If, as the consequence of a “Force Majeure” (as defined below), Indochina Kite Travel is obliged to curtail, alter, extend or cancel the Tour, the Customer is not at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of said curtailment, alteration, extension or cancellation of the Tour.
“Force Majeure” means “acts of God,” natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle used, or to be used, in connection with the Tour; destruction or damage of accommodation on the Tour not related to the Customer or Indochina Kite Travel; riots, acts of war, civil unrest, and the exercise of legislative, government, municipal military or other authority action; strikes or other industrial actions; the requisition of equipment, mechanical breakdowns, or shortage of fuel; insolvency or default of any carrier or service connected with the Tour, and fraud perpetrated against Indochina Kite Travel.
The Customer must communicate special requests (e.g. ground floor accommodation, etc.) in writing to Indochina Kite Travel at the time the booking is made. Indochina Kite Travel shall endeavor, if at all possible, to fulfill such requests, however, special requests cannot be guaranteed and do not form part of this Contract. Indochina Kite Travel will not be liable for failure to comply with a special request.
If the Customer wishes to file a complaint in relation to the Tour, he/she should inform Indochina Kite Travel’s representative at the location where the complaint arose to allow Indochina Kite Travel a reasonable opportunity to rectify matters.
Notwithstanding the above, the Customer can notify Indochina Kite Travel in writing via the feedback form no later than 30 days after their return to their port of departure. Indochina Kite Travel will not entertain any complaint received after this period.
The Customer may also email Indochina Kite Travel Director at any time: info@indochinakitetravel.com
Liability
– Indochina Kite Travel is not responsible for any loss, injury or damage sustained by Customers. Additional expenses incurred due to delays, accidents, natural disasters, political action and unrest must be borne by the Customer.
– Indochina Kite Travel is not liable for any damages incurred by the Customer through failure to abide by the Contractor improperly implement the Contract if:
– The failure that occurs is directly attributable to the Customer; or
– The failure is attributable to a third party unconnected with provision of the contracted services and/or is unforeseeable and/or unavoidable; or
– The failure is due to a Force Major as defined in Section 5 above.
Insurance
The Customer is required to have the necessary travel insurance and is responsible for reading the insurance policy prior to traveling to ensure the insurance provides them with the appropriate level of coverage.
– The terms and conditions contained herein are governed by and interpreted in accordance with the Laws of Vietnam.
– If any dispute arising out of or in connection with the applicable terms and conditions contained herein cannot be resolved amicably between the Customer and Indochina Kite Travel within 30 days, it will be referred to the Vietnam International Arbitration Centre (VIAC) for a final and binding settlement in accordance with its rules of arbitration. The place of arbitration will be Hanoi, Vietnam, and the language of arbitration will be English.
– This Contract will remain in effect during, and without prejudice to, the course of arbitration.
Our tour guides are selected for their knowledge, passion and dedication to their job. Many have become friends with our customers and often keep in contact after their journey together.
