These Terms and Conditions govern the relationship between you and The Terrible Tour Guide Travel. By booking a trip, you agree to be bound by these Terms and Conditions. They affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT
Hereafter “customers” or “client” shall refer to the person or persons named in the booking including minors, and “agent” or “supplier” as any person, organization or company that sells The Terrible Tour Guide Travel’s tours through an agreement with The Terrible Tour Guide Travel. All clients wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking the client accepts to be bound by these Terms and Conditions. The Terrible Tour Guide Travel and all agents reserve the right to decline any booking. The service to be provided is/are the tour(s) referred to in the booking confirmation.
2. MEDICAL CONDITIONS
If any customers suffer from any conditions, physical, mental or otherwise, they are obligated to notify The Terrible Tour Guide Travel in writing prior to booking. The Terrible Tour Guide Travel reserves the right to decline a booking if said conditions pose a danger to any customer. Likewise, failure to notify The Terrible Tour Guide Travel of any such condition may result in the customer’s denial of travel. Customers should be aware that Vietnam have medical standards and facilities that may vary greatly from what the customer is used to in their home country. Women who are or think they may be pregnant must consult a physician before engaging in any activity with The Terrible Tour Guide Travel or before booking any trips. Any customer who is concerned about their ability to travel should contact The Terrible Tour Guide Travel. The company will endeavor to recommend a trip suitable for their needs.
3. TRAVELING WITH CHILDREN
The minimum age for clients traveling on tours varies according to each trip. It is the client’s responsibility to determine the minimum age requirements according to each trip before requesting a booking from The Terrible Tour Guide Travel. Children under 12 must be accompanied by an adult. An adult is defined as anyone over 18. All inquiries with respect to children are subject to review and approval by The Terrible Tour Guide Travel. The Terrible Tour Guide Travel reserves the right to restrict the number of travelers under the age of 18 on tours.
4. DEPOSIT AND PAYMENT
Customers are required to pay a non-refundable deposit of 30% for their booking to be confirmed (please note that special deposit requirements apply for some trips). If your booking is made within 7 days of the departure date then the full amount is payable at the time of booking.
The Terrible Tour Guide Travel must confirm the client’s booking in writing, email or voucher. Please refer to the booking confirmation invoice for details regarding final payments. Payment of the balance is due 7 days before the departure date. If this balance is not paid on or before the due date The Terrible Tour Guide Travel reserve the right to treat client’s booking as cancelled. The Terrible Tour Guide Travel reserves the right to levy supplemental charges to Customized Trips
5. CUSTOMER DETAILS
Customers must provide all the names and ages of all travelers when making a booking or when requesting a quote. All necessary details are specified in the The Terrible Tour Guide Travel booking template, which the customer receives when making a booking.
6. CANCELLATION OF A TOUR BY THE CLIENT
Customers and booking agents must notify The Terrible Tour Guide Travel of any cancellations. The Terrible Tour Guide Travel will not provide discounts or refunds for missed or unused services, whether voluntary or involuntary. The following cancellation and no-show fees are expressed as a percentage of the total tour price:
• 70% refund if cancellation is received 15 days prior to arrival
• 50% refund if cancellation is received 8 to 14 days prior to arrival
• No refund if cancellation is received less than 7 days prior to arrival
Please note that The Terrible Tour Guide Travel’s tour conditions and prices are dependent on the number of customers booking together at any point in time. Should the number of customers booking together change (e.g. due to 1 person cancelling), we reserve the right to update prices and conditions for the remainder of the group/customers, despite the cancellation rules outlined above.
In general any transfer fee incurred by The Terrible Tour Guide Travel to process the refund, will be deducted from the total refund amount.
The Terrible Tour Guide Travel Customized Trips may vary in cancellation policy from that detailed in this clause. The cancellation policy for Tailored Trips will be made clear upon booking confirmation if the refund policy is more strict than outlined above.
7. CANCELLATION OF A TOUR BY THE TERRIBLE TOUR GUIDE TRAVEL
The Terrible Tour Guide Travel reserves the right to cancel any trip for any reason, but will only cancel a tour less than 30 days before departure for unusual or unforeseen circumstances outside The Terrible Tour Guide Travel’s control (Force Majeure) or if there are too few people to operate the trip. When The Terrible Tour Guide Travel cancels a tour, the client may choose between a full refund of all monies paid or any alternative tour offered by The Terrible Tour Guide Travel. If the alternative trip is less costly than the original then The Terrible Tour Guide Travel will refund the difference. Similarly, if the alternative is more costly then the customer is obligated to pay the difference. The Terrible Tour Guide Travel is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, etc. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond The Terrible Tour Guide Travel’s control, The Terrible Tour Guide Travel will in some circumstances offer compensation. The Terrible Tour Guide Travel will compensate on a case-by-case basis.
(a) Changes made by The Terrible Tour Guide Travel: The Terrible Tour Guide Travel endeavors to operate all tours as advertised in the itineraries. The provided itineraries are accurate accounts of your trip. Please note, however, that The Terrible Tour Guide Travel regularly updates each trip according to customer recommendations and changes on the ground. Varying conditions and unforeseen circumstances may alter the itinerary, which does not represent a contract between The Terrible Tour Guide Travel and its customers. The itinerary is subject to change before and during the trip. As your trip approaches, The Terrible Tour Guide Travel recommends you check our www.theterriletourguide.com for the most accurate and up-to-date itinerary. We reserve the right to make changes without prior notice. Customers should remain flexible and accept that adventurous travel with The Terrible Tour Guide Travel occasionally necessitates changes in the itinerary.
(b) Changes made by the Client: Clients must notify The Terrible Tour Guide Travel in writing if they wish to change a booking. In some circumstances we can waive the cancellation fee. Otherwise, the customer must cancel the old trip and make a new booking. The customer must be aware of the cost differences according to season and must be prepared to pay the difference if the trip is changed to a new and more expensive season. Customers can change the name on a booking or change the trips to a third party at any time.
9. PRICE VALIDITY
The prices in this document are in effect at time of printing. The Terrible Tour Guide Travel reserves the right to alter prices at any time. Customers should go to www.theterribletourguide.com for the most recent prices and itineraries.
10. RESPONSIBILITY AND AUTHORITY
The Terrible Tour Guide Travel tour leaders’ and representatives’ decisions are final on all matters. The Terrible Tour Guide Travel does not tolerate illegal drugs nor do we tolerate visiting prostitutes. Both of these may be common among certain communities we visit but they are illegal nonetheless. Engaging in such activities puts you and your group at serious risk. Possession of illegal drugs is a crime punishable by death in Vietnam. The Terrible Tour Guide Travel and group leaders reserve the right to immediately expel from the group anyone engaging in these activities. Any financial loss on behalf of the customer is not to be reimbursed by The Terrible Tour Guide Travel.
11. TRAVEL DOCUMENTS
The customer must have a passport valid at least six months after returning from the trip. Customers are responsible for obtaining visas. Make sure your passport is valid for at least 6 months after your return date. We endeavor to keep visa information updated, but rules can change suddenly and The Terrible Tour Guide Travel cannot be held responsible for any errors or omissions.
12. FACTORS OUTSIDE THE TERRIBLE TOUR GUIDE TRAVEL’S CONTROL (FORCE MAJEURE)
The Terrible Tour Guide Travel endeavors to conduct its operations safely. The company is aware of the risks of flooding, landslides and other natural disasters, especially during the annual rainy season; the company makes efforts to inform customers of any risky political situation that may arise. Such information can be found at www.theterribletourguide.com. However, The Terrible Tour Guide Travel is not liable to customers in the event of injury, death, financial loss or any other damages incurred as a result of Force Majeure, e.g., political turmoil, riots, war, landslides, flooding, etc. The Terrible Tour Guide Travel requires customers to carry insurance that covers such unforeseeable circumstances.
Customers traveling with The Terrible Tour Guide Travel are required to carry travel insurance that covers medical expenses, personal injury, repatriation and evacuation. Further amendments to your policy, such as trip cancellation, and loss of luggage and personal effect are not required, but are strongly encouraged. The Terrible Tour Guide Travel will not be held liable for lost or stolen luggage. Customers must be able to provide proof of insurance if requested by The Terrible Tour Guide Travel or any of its representatives.
14. LIMITATION OF LIABILITY
The Terrible Tour Guide Travel organizes services and holds contracts with a network of companies and organizations to make trips possible. Customers release The Terrible Tour Guide Travel and its third party contractors from any liability resulting from pain, injury, death, damage or loss of pleasure suffered directly or indirectly as a result of participation in trips or as a result of The Terrible Tour Guide Travel’s or its contractors’ actions or facilities. Implied warranty is excluded from these Terms and Conditions. See the Claims and Complaints clause regarding compensation for dissatisfied customers.
15. DISCOUNTS AND PROMOTIONS
The Terrible Tour Guide Travel occasionally provides discounts and promotions for its trips and services. The dates of discounted and promotional trips and services are expressly indicated on the The Terrible Tour Guide Travel website. Discounts and promotions are applicable only for new bookings and are not retroactive. These dates are the travel dates-not the booking dates-during which discounts and promotions are valid unless expressly indicated on www.theterribletourguide.com
16. CLAIMS AND COMPLAINTS
In the event that a customer has a complaint against The Terrible Tour Guide Travel, the customer must first file a complaint to the Tour Leader at the time the complaint arises. The customer waives any complaints if they cannot reasonably demonstrate that the complaint was lodged immediately. The Tour Leader is best suited to address customer complaints. If necessary, the guide will contact their manager. If the customer is still unsatisfied then the customer must file a written complaint to The Terrible Tour Guide Travel within 15 days of the end of the tour. The Terrible Tour Guide Travel will not accept any liability for claims received after this period.
17. SUPPLIERS’ TERMS AND CONDITIONS
The Terrible Tour Guide Travel organizes trips and has contracts with agents and suppliers. Customers will be bound by agents’ and suppliers’ own terms and conditions. The Terrible Tour Guide Travel may supply copies of third-party conditions but makes no guarantee of doing so. The customer may not make the same claim and seek the same recovery against both The Terrible Tour Guide Travel and its suppliers.
18. ACCEPTANCE OF RISK
The Terrible Tour Guide Travel’s mission is to bring customers farther from the tourist trail than its competition. The Terrible Tour Guide Travel trips are likely to offer circumstances that involve risks to the customer. By booking a tour with The Terrible Tour Guide Travel, the customer acknowledges and accepts any and all risk associated with travel. The customer is strongly encouraged to contact and detail their travel plans to their embassy. The customer must purchase travel insurance (see section 18) and will not hold The Terrible Tour Guide Travel liable for damages, injuries or death. The Terrible Tour Guide Travel may require customers to sign a participation and waiver form as follows: “I understand that travel with The Terrible Tour Guide Travel entails risks to my belongings and my person. I understand that this trip will take me to places with standards of hygiene and health care unlike those I am used to at home. I understand that the destination presents certain perils to my safety and well-being. I understand that I may be at considerable distance from health care facilities. I accept these risks and waive my right to hold The Terrible Tour Guide Travel liable for any damages, injuries or death.”
19. OPTIONAL ACTIVITIES
Any activity not included in the tour or in the tour price is considered an optional activity. Optional activities do not form a part of this contract. The Terrible Tour Guide Travel is not responsible for anything that may arise from a customer taking part in optional activities. Optional activities are undertaken at the cost of the customer.
In the event that any term or condition in this document is illegal or otherwise unenforceable for any reason then such term or condition shall be deemed to be severed from this contract or amended accordingly such that the remainder of the contract will still apply and continue as binding.
The Terrible Tour Guide Travel encourages customers and the client to distribute their photos through The Terrible Tour Guide Travel. The Terrible Tour Guide Travel occasionally hosts photo contests for its customers. All such images or video are provided with a perpetual, royalty-free, worldwide, irrevocable license to The Terrible Tour Guide Travel to use in any medium for any purpose.
22. APPLICABLE LAW
The Terms and Conditions including all matters arising from it are subject to the law and the exclusive jurisdiction of the courts in Vietnam.
23. ERRORS AND OMISSIONS
These Terms and Conditions have been written in good faith and every effort has been made to accurately reflect The Terrible Tour Guide Travel policies. The Terrible Tour Guide Travel cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this document or on its website.
The Terrible Tour Guide Travel may provide personal information to suppliers for the operation of tours and services. The Terrible Tour Guide Travel will not reveal customers’ personal information to other customers or clients.
25. ONLINE BOOKINGS
All online reservations shall be deemed as booked in Vietnam and shall be subject to said Vietnam’s laws and jurisdiction.
26. UPDATES TO TERMS AND CONDITIONS
The Terrible Tour Guide Travel reserves the right to update and/or alter these terms and conditions at any time. The client must remain updated with any such changes.
Last updated Jul 3rd 2017