The following terms and conditions create a legally binding agreement between you and HalongBayTours (“halongbaytours.com”, “we” or “us” in specific context).
You acknowledge that your use of halongbaytours.com is on condition that you accept without variation the terms and conditions set out herein which we may vary at our absolute discretion from time to time with or without notice to you.
You acknowledge that your use of this website constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website nor the services provided therein.
Booking & Payment
A booking can be made with us directly on our website or via one of the contacting forms: email, chat, Whatsapp and phone.
A booking is only finally confirmed when we have received a deposit or full payment and send you an official confirmation letter with details of your booking and the due payment date.
A payment must be made not later than the due date stated in the booking confirmation. If we do not receive the deposit or balance payment by the due date stated in our email and/or confirmation, we reserve the right to cancel your booking and cancellation charges per booking terms and conditions will apply.
Accepted credit cards: Visa, American Express, MasterCard.
Deposit:
- A minimum deposit of 30% is required at the time of booking to guarantee your trip arrangements. For special promotions or offers, we may require a higher deposit or full payment.
- Deposit can be made via credit card or bank transfer and we will cover the card processing fee 3.5% for all deposit amounts.
- Your deposit is refundable subject to cancellation and change policy. For special promotions or offers, your deposit will not be refundable.
Balance payment:
We require balance payment to be made at least 5 days prior to your trip date, if payment is made by credit card, or on the day of the trip, if payment is made in cash.
A 3.5% card processing fee will be added to your payment made by credit card.
Payment in cash can be made in USD or VND at the current exchange rate.
Full payment:
For special promotions or offers, we may require full payment in advance.
If your trip is less than 3 days prior to booking time, we request for advance full payment. In this case we will wait the 3.5% card processing fee for your last minute booking.
Pricing
We make all efforts to ensure that all information and prices both on our website and in any brochures are accurate. However, changes and errors may occur and we reserve the right to correct prices or prices that we determine were erroneous due to printing, electronic, or clerical error.
You must check the price and other details relating to the arrangements that you wish to book before your booking is confirmed. If a booking was made based on erroneous pricing, we will offer the option of canceling the booking and receiving a refund of any amount paid by you or confirming the booking by paying the difference between the erroneous price and the correct price.
Unless otherwise stated, all pricing on our website is in United States Dollars.
We will not vary the (package) tour price after we have received your deposit payment, regardless of any increases in the costs incurred by us. You are responsible for and must pay for all costs and expenses incurred as a result of any change made by you.
Inclusions and Exclusions
- Payable prices and fees are available on our website, through individual cruises will have different inclusions and exclusions.
- Please check the detailed inclusions and exclusions carefully before placing your booking. Important components include: transfer from Hanoi to Halong Bay and back, kayaking, and extra benefits.
- For special offers or promotions inclusions (exclusions) may be altered with full details in the promotion terms and conditions.
Rate Specifics
- Adult cruise rate applies for children aged 12 years and above at the time of travel. For children aged under 12 years, special prices apply. Seasonal rates apply per calendar year and are subject to the calendar day of a month of cruise embarkation.
- Children under 5 year old: free of charge and limited to 1 child per 2 adult
- Children 5-11 year old: 50% adult rate if sharing bed, and 75% adult rate if taking extra bed and limited to 1 child per 2 adult
Mandatory Fees & Surcharges
Christmas Eve and New Year Eve Surcharges
A mandatory surcharge on Christmas Eve (24 December) & New Year’s Eve (31 December) are applied for all cruises and vary based on specific cruise. Please check details under the cruise conditions section.
Lunar New Year Surcharges
A mandatory surcharge for Lunar New Year holiday are applied for all cruises and vary based on specific cruise. Please check details under the cruise conditions section.
Third Person in a Cabin
A third person (adult) must sleep on extra bed. An adult sleeping on extra bed pays 90% of the adult cruise rate. Due to room size, not all cruises allow a third adult in a cabin.
Cancellation & Charges
Confirmed cruise bookings must be canceled in writing (email) and this will only be effective once the written cancellation is confirmed by HalongBayTours. Booking amendments must be submitted in writing and will only be effective once re-confirmed by HalongBayTours. For promotions and special offers different cancellation charges may apply and are stated on the individual promotion.
Cancellation charge will be counted from the date clients inform us of the decision.
HalongBayTours applies below cancellation policy for all cruises:
- More than 30 days prior to check-in: free of charge.
- From 30 to 11 days prior to check-in: 15% of total rates.
- From 10 to 7 days prior to check in: 30% of total rates.
- Less than 7 days prior to check-in: 100% of total rates.
- No-Show: 100% of total rates.
Changes / Amendments by You
If the lead passenger or anyone named on the booking wishes to change any part of the booking after a confirmation or invoice has been issued, the booker must inform us by email or in writing as soon as possible. Where we can meet a request, all changes may be subject to an amendment fee or other extra costs we incur and any costs or charges incurred or imposed by any of our suppliers. Where we are unable to assist and you do not wish to proceed with the original booking we treat this as your cancellation subject to applicable cancellation charges. Please note that certain bookings may not be allowed or possible to be amended after they have been confirmed.
Changes of a passenger name (by You)
We allow name change up to 3 days prior to embarkation date.
Change of a departure date (by You)
HalongBayTours may allow amending an original confirmed departure date up to 15 days prior to embarkation, which is also subject to availability.
Changing an original confirmed departure date at other times/periods than those stated above are not allowed (regular cancellation charges to apply. Any departure date changes are subject to availability of the same cruise itinerary and room type. This term does not apply for flights or flight-inclusive trips and is solely subject to the discretion of HalongBayTours when applied to special offers or promotions.
Changes or cancellation by Us
before departure of a cruise
Though every effort will be made by us to ensure that a cruise offered by us as confirmed occasionally circumstances may occur before departure of your journey that require us to make a major change of your trip.
For the purpose of these conditions, the following are ‘Major Changes’ before a cruise departure
- the change of a departure date,
- a change of either confirmed departure time
- the applicable ship (or suitable alternative boat) not being available; or
- necessary change or amendment of an itinerary; or
Major changes do not include any change to the route and/or stopping points (unless the change amounts to a circumstance within (a)–(d), or substituted excursions (for example, because a particular attraction is closed). If a Major Change (as defined above) has to be made to a trip before departure, we will make every reasonable effort to inform you.
If this happens, you may:
accept any changes we offer;
or (subject in each case to availability), choose to undertake the same trip on an alternative date,
or accept an alternative trip with an appropriate pricing adjustment;
or cancel your booking and receive a full refund or booking credit
Halong Bay & Lan Ha Bay Bad Weather Policy
Due to ad-hoc weather changes in North Vietnam that may occur in certain seasons of the year, authorities may not allow cruise operation on last minute notice due to national safety regulations.
For these unforeseen events HalongBayTours has no liability and offers on goodwill and courtesy:
- If a cruise has to be cancelled before 11:00 o’clock on the cruising date a full refund will be made.
- If the cruise operation is possible only for a restricted time on the first sailing day (up to max. 4 hours sailing) a full refund minus 100 USD person/day is offered.
- If a cruise is completed with first day and first overnight and ship needs to return to shore before 10:00 o’clock on the second day a 50% refund is offered.
- If a cruise is completed with first day and first overnight (2-Nights itinerary only) and ship needs to return to shore before 18:00 o’clock on second day a 20% refund is offered.
For all other circumstances no refund is offered.
Sightseeing, Excursions and Special Activities on a cruise trip
Sightseeing in many historic towns and cities can only be undertaken by walking excursion or sight-seeing as motor coach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing may involve steps and extensive walking over uneven surfaces.
Some excursion or sight-seeing may include (light) trekking with a certain elevation. Please consult with your doctor to ensure that you have an adequate level of fitness and are in good health before participating in these excursions. Additional and optional activities, if any, are subject to availability, seasonal and operational factors.
Some activities require a minimum or maximum number of participants to operate. Sightseeing or excursion may also be affected due to ad-hoc bad weather conditions that not allow us to carry out an activity as scheduled. In this case we try our best to replace with another activity but we do not have any liability if a replacement is not possible.
Airfare & Transfer Conditions
Our cruises tours do not include airfares unless otherwise stated. All airfares are subject to availability and airline conditions apply. Our consultant may assist you in booking an appropriate flight or other service when ever possible for us which does not form part of a cruise or (package) tour contract with us.
We are not responsible and liable for any flight bookings or flight amendments or consequences that arise through amendments or cancellation of flights by the supplier. Full details and conditions may be obtained from our reservations consultant or your travel agent in regards to your flight booking. You must ensure your flight details are provided to us on time (see detailed Passenger Information section below). If You miss a flight or any other pre-booked transfer you will be responsible for making your own way to the cruise/(package) tour departure point, at own expense.
Complaints
In the unlikely event that you do have a problem during your trip, please inform the cruise management immediately, who will endeavor to put things right. If you suffer any loss or damage to your luggage, please inform us immediately. If your complaint is not resolved locally and you wish to complain further, please send formal written notice of your complaint to HalongBayTours head office within 28 days of the end of your trip (giving your booking reference and all other relevant information). Failure to do so will affect our ability to investigate your complaint and could affect your rights under these conditions.
Force Majeure
Except where otherwise expressly stated in these conditions, we will not be liable or pay compensation if our contractual obligations are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, terrorism, threat of war, civil strife, fire, flood, or any other extreme weather conditions, and its consequences or the threat of such activity, riot, labor difficulties, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, chemical or biological disaster, adverse weather, sea, air, ice and river conditions, loss of power, epidemics or pandemics, inability to obtain any necessary license or consent and delays caused by sub-contractors and all similar events beyond our or the supplier(s) concerned control.
In case of a Force Majeure which makes it impossible or prevents fulfilling the booking contract at the time of travel or within a reasonable period prior to the travel date, the booking contract may be terminated by either party. Such an event also requires the existence of official announcements by national or international authorities (for example the issuing of travel warnings, declarations of risk or [partial] state of emergency) at the time of travel, within a reasonable timeline prior to the travel date or ceases to exist.
Please note that you will not be entitled to a cash refund. Travel agents or resellers who book on behalf of a guest and have not paid us cancellation charges if any, when terminating a booking contract due to Force Majeure, will not be offered a refund in form of a future credit, unless open charges have been balanced in return.
Our Responsibility / Limitation of Liability
We will perform your booking with us using reasonable skill and care and to the extent arrangements are performed by another supplier, select the suppliers of the services making up your booking with us using reasonable skill and care. In relation to arrangements performed by another supplier, we have no liability for the actual provision of those services, except in cases where it is proved that we have breached that duty and damage to you has been caused.
HalongBayTours disclaims liability to passenger under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not the result of physical injury to passenger caused by the negligence or fault of any HalongBayTours staff; the result of passenger having been at actual risk of physical injury, and such risk was caused by the negligence or fault of any HalongBayTours staff; or intentionally inflicted by of any HalongBayTours staff. We will also not be responsible or pay compensation for any unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or force majeure as defined in these terms and conditions.
Package Tours
HalongBayTours offers package tours on request to which individual and additional terms and conditions may apply
Notification of General Risks
You acknowledge and agree that there are general risks associated with travelling, which are beyond our control and we are not liable to you for any loss, cost or damage you may incur as a result of these general risks. You must make your own enquiries regarding your travelling, including being aware of any relevant government travel safety warnings. Such general risks include but are not limited to cruise and (package) tour variations or interruptions caused by road, sea or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure; high or low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance; changes to the Itinerary in the circumstances described in clause in these terms; forces of nature; illness; flight schedule changes or cancellations; loss of luggage; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or other circumstances beyond our control.
Travel Documents / Booking Confirmation
You must be in possession of a valid travel documents including a valid booking confirmation before starting your cruise or (package) tour or boarding a ship.
You are responsible to ensure that you have valid travel documents at time of traveling, this includes valid passport, valid visa or other immigration paper.
Medical Condition & Disability
If you or any member of your party has any medical condition or disability which may affect your trip, please provide us with full details before booking confirmation so that we can advise as to the suitability of any chosen arrangements.
Acting reasonably, if we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we reserve the right to cancel the booking and impose applicable cancellation charges when we become aware of these details.
If your fitness to travel may be in doubt as a result of recent illness, surgery, injury, medical treatment or an existing medical condition which may require treatment or assistance on board (including but not limited to additional oxygen, wheelchairs, assistance to use the bathrooms, assistance to get in or out of bed, medication administered via a needle other than well-managed diabetes) you must provide us with an up-to-date certificate from your doctor no later than 5 days prior to departure certifying that you are fit to travel and be accompanied by another passenger who is able to provide you with all the appropriate assistance you may need. We may refuse carriage (and no refund or compensation shall be paid) if you have not provided the applicable certificate and/or are not accompanied by a suitable escorting person.
Medical Treatment
No doctors or nurses are employed on cruises in Halong Bay and Lan Ha Bay. If passenger requires medical attention during the trip, medical services will be provided at local facilities. Passenger shall be responsible for all costs and expenses of medical services, treatment and medications.
HalongBayTours shall have no liability whatsoever for any costs incurred in connection with medical services, or for the quality of care Passenger receives.
Travel Insurance
Passengers must be fully insured to cover any risk of medical expenses and repatriation (which includes remains) and HalongBayTours is in no way responsible for such liabilities. We strongly recommend to passenger to purchase travel insurances to cover also any risk of unforeseen cancellation charges.
Passport & Visa
It is your responsibility to check and fulfill the passport, visa, health (including vaccinations, vaccination certificate requirements and anti-malarial medication) and immigration requirements applicable to your travel itinerary. You must check the requirements for your own specific circumstances with the relevant embassies and/or consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us on demand in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Passenger Information and Data Protection
In order to process your booking, you will need to provide us with your personal information. We will need to provide your personal information to service providers, as well as customs and immigration authorities. We may also provide personal information to security and credit checking organizations. By making a booking you give us your consent to use and disclose personal information.
We request to provide full details of all traveling guests 14 days prior to arrival in the destination or starting date of a tour or cruise booked with us. We shall have the right to inspect your passport, visa and travel documents to ensure that you fulfill all requirements for any country in or through which your trip is to take place. If you or the travel agent making the booking on your behalf are unable to fulfil any such requirements, fail to comply with these requirements or fail to submit required travel documents at requested timelines, we reserve the right to apply a reasonable service charge or may refuse guests’ boarding with full cancellation charge with no further liability.
Special Dietary Requirements
Please notify us (not less than 05 days prior to departure) of any dietary requirements. It may not always be possible to offer an alternative meal, but, provided HalongBayTours has been notified of your requirements, we will use reasonable endeavors to notify you of any meals you should avoid.
Luggage
Your luggage must not contain any items which, in our opinion, are dangerous, illegal, liable to harm or annoy other passengers or otherwise unsuitable. Luggage deposited with us for carriage must not contain (and we shall have no liability for) any fragile or perishable articles, jewelry, precious metals or other valuables. We will accept the carriage of your luggage subject to any applicable laws, regulations, and conditions of carriage and subject to the luggage not being excessively heavy, bulky, dangerous, inadequately packed; and being correctly labelled with your credentials. Passengers are encouraged to bring minimal/necessary luggage as cabin storage is limited.
Maps, Pictures and Images
Maps or program depictions contained on our website and/or print are intended as an indication only. All images in collaterals represent typical scenes and descriptive detail for each cruise or (package) tour, however it is possible that the particular subject matter may not be seen or experienced on your cruise or (package) tour. Also, some pictures may have been digitally enhanced.
Behavior
For the comfort and safety of you and fellow passengers and other people, you must follow the Cruise Director’s and/or (package) Tour Director’s instructions at all times. All passengers travelling with us are expected to be appropriately dressed to conduct themselves in an orderly and acceptable manner, and not to disrupt the enjoyment of other passengers. If a behavior is, in our opinion, causing or is likely to cause distress, danger or annoyance to any of our other passengers or any third party or damage to property, or to cause a delay or diversion to transportation, or violation of any applicable law or regulation, we (or the applicable supplier) may terminate your arrangements with us immediately.
In the event of such termination our liability to you will cease and you may without prior notice be refused boarding or be required to leave the ship or other service immediately. We will have no further obligations to you. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions and we will hold each member of your party jointly and individually liable for any damage or losses caused by you.
Full payment for any such damage or losses must be paid directly to us or the applicable supplier prior to your ejection from the service in question. We cannot be held responsible for the actions or behavior of other passengers or individuals who have no connection with your arrangements with us.
Animals
Animals and livestock are not allowed on board and will not be carried on any ship.
Jurisdiction and applicable law
Any rights and obligations relating to your booking and journey and any contract or agreement or confirmation to which they apply are governed by local law where the vessel is registered. Any dispute, claim or other matter which arises out of or in connection with any agreement or your booking will be dealt with by the courts of company in the flag state only.
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