Booking Terms and Conditions

wine-glass

1 Introduction

1.1 Firstly thank you for choosing Vietnam Wine Tours (ABN 82 509 145 592) (“VWT”). Your business is greatly appreciated by VWT.
1.2 These are the terms and conditions which govern your use of the VWT website, www.vietnamwinetours.com (the “Site”).
1.3 In addition to these Terms of Use, the following also constitutes the complete agreement (the “Complete Agreement”) between VWT and you:
(1) VWT Website Terms and Conditions of Use (see http://www.vietnamwinetours.com/website-terms-and-conditions/).
(2) VWT Privacy Policy (see http://www.vietnamwinetours.com/privacy-policy/).
(3) Any other terms and conditions VWT provides to you from time to time.
1.4 The Site is owned and operated by VWT. You should always check these terms and conditions every time you visit the Site as VWT may make changes to it from time to time without letting you know.

2 Authority

2.1 You warrant that:
(1) you are over the age of 18;
(2) your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and
(3) the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.
2.2 You indemnify VWT and its officers, employees and agents against all losses, costs, damages, claims and expenses arising from any breach of the Complete Agreement by you or any claim made by a third party against VWT as a result of your use of the Site.

3 General booking conditions

3.1 Prices quoted valid for sale until 31st March for travel during the period specified (if applicable) unless otherwise stated or sold out prior.
3.2 All prices are per person (unless otherwise stated), subject to availability and may be withdrawn or varied without notice.
3.3 Accommodation (if included) is based on twin share unless otherwise stated. Advertised price includes bonus nights and/or stated saving (if applicable).
3.4 Additional supplier conditions and travel restrictions may apply. Please contact VWT for further details.

4 Role of VWT

4.1 VWT acts only as a booking agent making reservations with the companies or associates offering the services contained in your tour. While acting in good faith, VWT do not accept any responsibility for default causing loss or injury to person or property whether by negligence or otherwise on the part of the operator or accommodation managers/owners or their employees.
4.2 VWT has made every effort to ensure the quality of accommodation and the accuracy of this tour, but will not be liable for any dissatisfaction you may have with the accommodation and touring or any injury, damage or loss caused by the change or withdrawal of any price, detail or other items or service.
4.3 In addition, VWT will not be responsible for any loss of quality of goods or services supplied or any changes in the itinerary beyond their control made by third parties.

5 Booking form

5.1 A completed and signed booking form, confirming fitness for travel and full passport details (with at least 6 months validity from date of return), must be returned to VWT with the non-refundable deposit payment, within 10 days of your booking.
5.2 Failure to submit your Booking Form at the time of paying the non-refundable deposit will result in your reservation/s being cancelled automatically.
5.3 One completed Booking Form per person is required.

6 Pricing

6.1 Components of the total price including local payments, resort fees, national park fees, trip kitties and food funds (if applicable) may be payable direct to the supplier on arrival or to VWT prior to your departure.
6.2 Gratuities are not included unless otherwise expressly stated in your booking confirmation.
6.3 Additional levies, government charges and other applicable fees, including additional taxes, surcharges and visa fees specific to your departure date or flight routing, may apply and are beyond VWT’s control.
6.4 Seasonal surcharges and blackout dates may apply depending on date of travel.
6.5 Prices shown are for payments made by cash, by Paypal or through your credit card. Please note that payments made by Paypal or Credit Cards will incur a surcharge as advised by VWT from time to time.
6.6 The prices stated in the Site are a guide to the best price and are subject to change without notice, due to matters outside VWT’s control, such as adverse currency fluctuations, fuel surcharges, taxes and other price increases.
6.7 Prices are expressed in United States dollars ($USD). If in the unlikely instance of price increases from suppliers, or tax increases, VWT reserves the right to pass on these increases in costs to you.
6.8 Important Notice: The information as to pricing and tour details have been obtained from the relevant suppliers and should be considered an indicative guide only as to the prices that may be available for these tours. At time of making your booking, prices may differ to that price displayed on the Site. Please contact a VWT travel consultant to obtain the latest up to date information regarding applicable prices, fees and charges, availability and other terms and conditions which may apply.

7 Deposit and payment terms

7.1 Unless otherwise expressly stated by VWT, full payment for your booking is due 60 days prior to departure. Bookings made within 60 days of intended travel are to be paid in full immediately upon confirmation.
7.2 Deposits represent a booking fee and are non-refundable. Non-transferable date changes will attract amendment fees.
7.3 A non-refundable deposit of $500USD per person, per tour, is required to secure a place on each tour within 10 days of booking.
7.4 The final balance is due 60 days prior to the departure date unless otherwise expressly stated by VWT.

8 Airflights and other items NOT included

8.1 Airfare (including internal flights) are not included unless otherwise stated and, if included, is economy class unless otherwise stated.
8.2 You are responsible for booking your own flights and transportation to the tour commencement venue. VWT will not be held responsible for any delays in you getting to the tour commencement venue on time and may commence the tour without you if you cannot arrive on time. No refunds will be provided in this instance as all bookings for you would have already been made at that point in time.
8.3 Unless otherwise expressly stated VWT has not included flights, visas, airport taxes, port taxes, security charges, airport transfers, items of a personal nature, laundry, tipping, drinks and consumables as part of its tour package. That will be your responsibility.

9 Cancellation/refund policy

9.1 All cancellations must be received in writing and e-mailed to VWT.
9.2 lf cancelled outside the 60 day period prior to the tour commencement date, a cancellation fee of the non-refundable deposit of $500USD per person applies.
9.3 lf cancelled after final payment but prior to 45 days before the tour commencement date a cancellation fee of 50% of the total price applies.
9.4 lf cancelled at any time within the 45 days prior to the tour commencement date, a cancellation fee of 100% applies.
9.5 No refund is given for any partially or wholly unused services/tour inclusions. No overseas supplier or associate is authorised to promise or provide a refund on behalf of VWT.

10 Monies not held in trust

10.1 All monies paid by you to VWT will be the property of VWT and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided.
10.2 You agree and acknowledge that such monies will not be held by VWT on trust for and on behalf of you and VWT may hold such monies in any account as it sees fit, including with VWT’s own and/or other customer monies.

11 Itinerary Variations

11.1 All possible effort will be made to adhere to the published touring itinerary. Occasionally circumstances beyond the control of VWT will force changes, amendments or modifications to the itinerary and its inclusions.
11.2 In the unlikely instance of a hotel or resort change becoming necessary the alternate property will be of a comparable or higher standard and there will be no refund issued in this respect.
11.3 VWT cannot be held responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence to these changes and you will not entitled to any form of refund in that respect.

12 Special dietary requests

Requests for special dietary requirements cannot be guaranteed at all hotels, resorts and restaurants forming part of the tour.

13 Baggage

13.1 All baggage and personal effects are, at all times, at your own risk.
13.2 Any excess baggage charges are your responsibility.

14 Late bookings

VWT reserves the right to charge a late booking fee of USD$30 to cover additional costs associated with bookings made within 10 days of the intended tour commencement date.

15 Transportation

15.1 When group sizes are considered too small to use a full sized touring coach VWT reserves the right to use a smaller coach. Smaller coaches and vehicles used for local transfers and occasional day excursions may not have toilet facilities on board.
15.2 You cannot make any claim against VWT if the above situation eventuates.

16 Single Supplements

16.1 Individual passengers can request to be matched in a twin room with another individual of the same sex.

16.2 Please Note: If “matched” with another person VWT cannot be held responsible if the choice is not to your satisfaction. You must consider there will always be a certain risk of incompatibility. Any twin match must understand that the room must be treated as a non-smoking room.

17 Porterage

Hotel porterage for one suitcase per person is included at each stay during the group touring program. It is not included on the first or last days of the tour when arriving or departing the hotel independently.

18 Minimum Mobility Requirements – the need to walk

18.1 Your tour will visit places that may have some uneven walkways. People with walking difficulties, or other health issues and limitations should consider this before booking. If you are unsure please contact VWT.

18.2 If VWT considers any passenger as an unsuitable person for the tour it may in its absolute discretion cancel that passenger’s booking or decline to carry that passenger further, if at all.

19 Health

Diseases that have been eradicated in Australia may be present at your holiday destination. It’s imperative that prior to departure, you talk with your GP regarding possible diseases in the region you’re travelling to.

20 Passports and Visas

20.1 A valid passport is required and visa is required to travel to Vietnam and other countries. It is your responsibility to have a valid passport and all visa, permits and certificates required for the tour.

20.2 In order to be granted entry into a country, most will require that your passport be valid for greater than 6 months. If your passport is valid for less than this period, or is out of date, you will need to apply to renew your passport before you travel.

21 Force Majeure

If the tour cannot proceed due to flood, earthquake, war or civil acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lockout, epidemic, pandemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, rule or regulation of any government authority, or for any reason whether of similar or dissimilar nature beyond the control of VWT, this agreement will terminate and there will be no claim for damages by either party against each other.

22 Insurance

22.1 It is a condition of travel that you are adequately covered by a proper travel insurance cover. Also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions.

22.2 VWT recommends that you purchase a comprehensive travel insurance policy at the time of booking to provide full cover.

22.3 VWT does not provide any insurance coverage and this your responsibility to effect.

23 Guaranteed group departures

23.1 Tour departure dates on the Site are based on group touring programmes. The term “group tour” is defined as having a tour at minimum of 12 and a maximum of 20 travellers.
23.2 Once VWT confirms 12 deposited travellers, it guarantees that the group tour will depart.
23.3 In the event of only 10 travellers or less booking and travelling on that specific departure VWT are unable to operate that departure as a group tour and that departure will be withdrawn. In rare instances such as this VWT guarantee to advise all parties concerned of the withdrawal of the tour as soon as possible.

24 Travel advice

24.1 VWT recommends that you contact the Department of Foreign Affairs and Trade or visit their website at http://www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
24.2 You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.

25 Liabilities

25.1 To the extent permitted by law, neither VWT nor any of its agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom VWT has no direct control, force majeure or any other event which is beyond the control of VWT.
25.2 To the maximum extent permitted by law, VWT disclaims all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the Site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the site or samples.
25.3 If any warranties are implied by law that cannot be excluded, then our liability for breach of such warranties is limited, at our option, to:
(1) in the case of products:
(a) the replacement of the products or the supply of equivalent products; or
(b) the payment of the cost of replacing the products or acquiring equivalent products; or
(2) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
25.4 This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

26 Privacy

26.1 By purchasing a tour through a Site, applying for an account or otherwise contacting VWT, you agree that VWT may store, process and use data collected from your order for the purposes of processing your order.
26.2 By placing your order or otherwise contacting VWT, you also agree that VWT may use such data, other than credit card details, in order to provide you with information from time to time on other VWT products that may be of interest to you.
26.3 You may contact VWT to opt out of any marketing material that it sends out from time to time. Further details are contained in VWT’s Privacy Policy which is available at http://www.vietnamwinetours.com/privacy-policy/

27 Complaints

VWT takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact VWT as soon as possible.

28 General provisions

28.1 No delay or failure by VWT to enforce its rights or to do anything is to be taken as a waiver of that right. A waiver can only be undertaken where an authorised representative of VWT signs any such waiver.
28.2 These terms and conditions and your purchase of the VWT goods are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
28.3 VWT may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of VWT.
28.4 VWT has the right to terminate any arrangements it has with you and/or suspend supply with immediate effect if VWT believes that any of the agreements, undertakings, representations or requirements set out in these terms and conditions have not been complied with or fulfilled by you.