Terms and Conditions
- TOUR (AND RENTAL) AGREEMENT:
The tour (and rental) agreement only becomes effective upon written confirmation of participation from 4X4 Tours Vietnam and/or Ural Tours Vietnam Co Ltd. license # 01-205 / 20 10/ TCDL-GP LHQT Hanoi Vietnam, hereinafter referred to as “the organiser”, and is deemed to be binding for the contractual parties.
- SCOPE OF SERVICES:
(1) The scope of services is derived exclusively from the tour description that is valid at the time of booking. All services that are not specifically listed as included are not included in the tour price.
(2) The organiser reserves the right to modify the tour, in particular the tour route and the accommodation, provided that this is necessary on important grounds. The organiser shall thereby endeavour to maintain the tour’s characteristics and to provide equivalent services.
- REQUIREMENTS FOR THE PARTICIPANT:
(1) Participation on the trips and tours is possible with Jeep or 4X4 that meet the demands of the respective trip or tour!
(2) Only persons in possession of a valid driving licence at the time of the tour are allowed to participate.
(3) The participant is obliged to wear clothing that is appropriate for the demands of the tour.
(4) If the participant takes part in the tour with his or her own vehicle, then the participant bears the sole responsibility for ensuring that the vehicle is in perfect technical condition and in compliance with all regulations and requirements stipulated by law and by the organiser. The organiser and the tour guide are under no obligation to verify the participant’s compliance with these requirements.
(5) It is the sole responsibility of the participant to determine whether his or her individual competence and abilities are sufficient to cope with the specified route. The organiser and the tour guide are under no obligation to determine and verify the participant’s competence and abilities.
- PASSPORT, CUSTOMS, VISA AND IMMUNISATION REGULATIONS:
The participant is solely responsible for obtaining entry visas for each country and complying with these regulations, in particular for obtaining any necessary visas or immunizations.
- INFRINGEMENTS OF TRAFFIC REGULATIONS OR THE TOUR GUIDE’S INSTRUCTIONS:
If the participant’s actions constitute a gross infringement of the tour guide’s instructions or of traffic regulations, the organiser can withdraw from the contract and take possession of the rental jeep. In such a case, there will be absolutely no reimbursement of the tour or rental price.
- Limits of LIABILITY:
(1) The participant takes part in the tour at his or her own risk.
For damage that the participant sustains during the course of the tour, the liability of 4X4 Tours Vietnam and/or Ural Tours Vietnam Co Ltd. license # 01-205 / 20 10/ TCDL-GP LHQT Hanoi Vietnam, and their respective agents is limited to a total sum of three times the price of the tour and motorcycle rental, provided that the participant’s damage was not caused either intentionally or through gross negligence on the part of Cuong’s Motorbike Adventure and/or Ural Tours Vietnam Co Ltd. license # 01-205 / 20 10/ TCDL-GP LHQT Hanoi Vietnam, and their respective agents, or if the organiser is responsible for damage sustained by the participant solely through the fault of one of the service providers. The limitation of liability shall not apply in the case of personal injury to the participant.
(2) Before entering into the tour, the participant shall sign a personal declaration for the limitation of liability.
The participants are hereby made aware that the organisers are obliged to prevent the participant from participating on the tour if he or she has not accepted and/or signed the liability waiver.
(3) The liability of 4X4 Tours Vietnam and/or Ural Tours Vietnam Co Ltd. license # 01-205 / 20 10/ TCDL-GP LHQT Hanoi Vietnam, or the tour guide is excluded for material damage and personal injury caused by the participant, provided that no corresponding personal liability insurance cover exists. In any case, the liability is limited to the scope of the insurance cover of the liability insurance in the event of actual damage. In such case, the participant shall indemnify and hold harmless 4X4 Tours Vietnam and/or Ural Tours Vietnam Co Ltd. license # 01-205 / 20 10/ TCDL-GP LHQT Hanoi Vietnam, and the tour guide.
(4) Participants must take out the appropriate type of medical and evacuation insurance in case of accident and injury suffered by the participant and must be born by the participant.
(5) The participant is fully liable and must pay for any damage to the motorcycle during the tour. 4X4 Tours Vietnam offers compressible insurance coverage at an additional cost that covers damage to the motorbike during the tour. Please ask for a price list of replacement parts for more information.
(6) The Guide reserves the right to cancel the tour if the participant does not follow the rules set out by 4X4Tours Vietnam.
(7) Should a participant suffer an accident or illness causing his or her evacuation then he or she will not be entitled to any reimbursement. Should 4X4 Tours Vietnam provide unable to complete the tour schedule for the remaining members of such a group were injured participant commands the full attention of the guide, in the interest of that participant’s safety then the remaining participants will also not be entitled to any reimbursement.
(8) Should the participant leave the tour by their own choice before the tour completion then he or she is not entitled to any reimbursement. Nor will he or she be permitted to use any of the equipment of 4X4 Tours Vietnam. Such the participant is also responsible for all cost incurred after leaving the tour.
(9) Photos and videos produced by 4X4 Tours Vietnam are the property of 4X4 Tours Vietnam. The copyrights rest with Sidecar Tours Vietnam. Sidecar Tours Vietnam can use all such material for advertising and marketing purposes, including images in which participants can be recognized, without any charge from the participant. Participants who submit photos to 4X4 Tours Vietnam agree to allow the use of such photos by 4X4 Tours Vietnam for advertising and marketing purposes.
(1) A deposit of 200$ of the total amount shall be paid upon the time of booking. The remaining amount is due before the tour begins.
(2) When paying by credit card, the total amount is charged upon issuing the invoice. Any bank charges incurred are borne by the credit card holder.
- WITHDRAWAL FROM AND TRANSFER OF THE AGREEMENT:
(1) The person making the booking is entitled to withdraw from the agreement at any time.
If the person making the booking withdraws, the following cancellation fees will be charged instead of the tour price:
– 20% Tour deposit eight weeks before tour commencement,
– 50% Tour deposit in the case of withdrawal between eight and four weeks before tour commencement,
– 85% Tour deposit in the case of withdrawal within four weeks of tour commencement or non-notified failure to participate.
Notification of withdrawal shall be made by means of registered mail, fax or e-mail. This will then be confirmed in writing by the organiser by post, fax or e-mail, and the withdrawal will only be deemed to have been accepted from that point in time.
The deadlines specified above refer to receipt of the withdrawal notification by the organiser. The organiser is entitled to offset the cancellation fee against the participation fees already paid. Otherwise, participation fees already paid shall be reimbursed in full. Participants may not be reimbursed for any services not taken advantage of locally. The participant is strongly advised to take out travel cancellation insurance.
(2) The participant may transfer the contractual relationship to another person, as long as this person fulfils all the prerequisites for participation and the organiser is notified of the transfer within an appropriate period before the tour departs. The transferor and the new participant are jointly and severally liable for the unpaid fees as well as for any additional costs arising from the transfer. No transfer is possible in the case of airline tickets that have already been issued! Specific conditions apply to various services, such as ticket bookings.
- TOUR CANCELLATION:
(1) The organiser reserves the right to postpone or completely cancel the tour at any time on important grounds. Furthermore, the organiser is entitled to cancel the tour up to one week before tour commencement if the minimum number of participants has not been reached. In such case, the participant will be notified promptly in writing, by letter, e-mail or telephone.
(2) In the event of postponement or cancellation of a tour, the participant has the right to choose between reimbursement of the participation price or participation on another of the organiser’s tours of equal value, provided that this is possible for the organiser.
(3) External services that are not directly connected to a booking made with 4X4 Tours Vietnam can not be reimbursed.
The inefficacy of individual terms of these travel and rental terms and conditions shall not result in the inefficacy of the remaining provisions or of the tour (and rental) agreement.
- APPLICABLE LAW:
Vietnamese law is applicable unless contested by other compelling legal provisions.
Place of jurisdiction: Hanoi, Vietnam.