General travel conditions

The following travel conditions apply to all travel services that you book with us as a consumer. They regulate the legal relationship between you and us as travel organiser (see section 15.) in addition to the relevant legal regulations and the agreements that we make with you when booking a trip with us.

1.Booking and travel confirmation

1.1 You can access our offers through our website www.go-indochine.com or book via the contact options given there. 

1.2 Your booking does not constitute a contract. You hereby only offer us the conclusion of a binding travel contract. The basis of this offer is our travel description and any supplementary information on the respective trip, which we make in brochures or on our website. 

1.3 You can make the booking in writing, by fax or electronically (e-mail, Internet).

1.4 If you list other participants in the booking, you guarantee that you are entitled to make the booking for them. You are responsible for their contractual obligations just as for your own obligations. 

1.5 If you book a trip online with us, you will receive a confirmation of receipt by e-mail from us after we have received your booking.

1.6 A contract is not yet concluded by the confirmation of receipt, but only when you receive our declaration of acceptance. You will receive this by e-mail or post. You will receive a written travel confirmation from us together with the declaration of acceptance or immediately afterwards. You will only not receive this travel confirmation if your booking is made less than 7 working days before the start of the trip. In this case, we will inform you at the latest at the start of the journey.

1.7 If the content of our confirmation differs from the content of your booking, there is a new offer on our part to which we are bound for a period of 10 days. A contract is only concluded on the basis of this new offer if you declare your acceptance by express consent or down payment within the binding period. 

1.8 No right of revocation: Please note that there is no general statutory right of revocation for contracts for travel services (package travel contracts) concluded via distance contracts (i.e. by letter, fax, via our website or by e-mail). For withdrawal and cancellation, the special travel regulations apply.

2. Payment

2.1 We have taken out an insurance policy which ensures that, even in the event of our insolvency, payments on the travel price will be reimbursed to you in the event of loss of travel services. The insurance also ensures any necessary return transport as well as accommodation until the time of return transport. Together with your contract documents, you will receive a corresponding guarantee certificate which grants you a direct claim against the insurer in the event of an insured event. 

2.2 If you assign us with the booking of international flights, then the airfare for this must be paid within 72 hours of receipt of the travel confirmation for your flight booking. 

Otherwise the following applies:  Unless otherwise agreed, please pay 20% of the tour price within 14 days of conclusion of the contract. This deposit will be deducted from the tour price. Please pay the remaining travel price at least 28 days before the start of the trip. You do not have to make any payments before the start of the journey and not before you have received the guarantee certificate as defined in section 2.1.

2.3 If you pay by credit card, your account will be debited automatically on the respective dates. Your travel documents will be sent to you after full payment. 

2.4 In the event of cancellation of the entire booking, any fees incurred will become due immediately. 

2.5 If you do not make due payments (down payment and/or balance payment) in due time, we are entitled to withdraw from the travel contract after a reminder with setting of a deadline and to demand cancellation costs in accordance with section 4.1.

3. Changes in services and prices

3.1 We reserve the right to make insignificant changes or deviations of individual travel services from the agreed content of the travel contract if these become necessary after conclusion of the contract and were not caused by us in bad faith. In this respect, e.g. changes in flight times, changes in program schedules or hotel changes are possible.

3.2 We reserve the right to change the prices quoted and confirmed with the travel confirmation in the event of an increase in transport costs or charges for certain services, such as port or airport charges or a change in the exchange rates applicable to the trip in question as follows: 

If there is an increase in transport costs, in particular fuel costs, existing at the conclusion of the travel contract, we may adjust the travel price by the corresponding amount. If the charges existing at the conclusion of the travel contract, such as port or airport fees or tourism taxes, are increased towards us, we can increase the travel price by the corresponding pro rata amount. In the event of a change in exchange rates after the conclusion of the travel contract, the travel price may be increased to the extent that the trip has become more expensive for us as a result.

3.3 You may demand a reduction in the tour price if the prices, charges or exchange rates stated in 3.2 have changed after conclusion of the contract and before commencement of the tour and this results in lower prices for us.

3.4 We will inform you immediately of any subsequent change in the tour price. At the same time, we will inform you of the calculation of the travel price.

3.5 If the travel price increases by more than 8% in accordance with the above provisions, we may offer you and demand that you accept the price increase within a reasonable period or withdraw from the travel contract. As an alternative to the price increase, we can offer you participation in a substitute trip. After expiry of the period specified by us, our offer for a price increase or other contractual change shall be deemed to have been accepted.

3.6 Clause 3.5 shall apply mutatis mutandis if, due to a circumstance which has occurred after conclusion of the contract, we can only provide you with the travel package with a substantial change to one of the essential characteristics of the travel services or with a deviation from the special requirements of the traveller which have become part of the contract. 

3.7 Notification of a change in the travel price in accordance with 3.4 and the offer to increase the price in accordance with 3.5 must be made no later than 20 days before the start of the trip. Thereafter, price changes shall be ineffective. Our offer for other contract changes must have been submitted before the start of the trip.

3.8 If you accept our offer for a substitute trip, your warranty claims remain unaffected.

4. Withdrawal of the customer, rebooking, substitute participant

4.1 Withdrawal

Notwithstanding clause 3.5, you may withdraw from the trip at any time before the start of the trip. The cancellation must be notified to us at the address given in Section 15 below. If the trip has been booked through a travel agent, the cancellation may also be made to that agent. It is recommended to declare the cancellation in writing.

If you withdraw from the travel contract or do not start the journey, we lose the right to the travel price. Instead, we may demand reasonable compensation for our expenses. Our claim for compensation is flat-rate as follows, taking into account the usually saved expenses and possible other uses:

Up to 30 days before departure: 30 %.

from 29th to 22nd day: 35%.

from 21st to 15th day: 45%.

from 14th to 7th day: 55 %.

from 6th day before departure: 65 %.

from the 2nd day before departure, 

in case of non-appearance or cancellation after commencement of travel: 80%.

You reserve the right to prove that we have incurred no damage at all or substantially less damage. We, in turn, reserve the right to assert further claims for damages to the extent that we can specifically quantify and substantiate such damages.

We may not claim compensation if unavoidable exceptional circumstances occur at or in the immediate vicinity of the place of destination which substantially impair the performance of the tour or the carriage of passengers.

In the event of cancellation, travel documents already handed over must be returned.

4.2 Reclassification

Changes that are to be made at your request after the booking of the trip with regard to the travel date, the destination, the place of departure, the accommodation or the mode of transport usually cause the same costs for us as for a cancellation on your part. We will therefore charge you the same costs as stated in Section 4.1. For other, only minor changes, we will charge you a handling fee of EUR 25.

4.3 Substitute participants

You have the right to provide a substitute participant. Your declaration that a third party is to take part in the trip instead of you must be received by us no later than 7 days before the start of the trip. You must reimburse us for any additional costs incurred by us as a result of the entry of the third party on presentation of proof.

5. Services not used

If you do not make use of individual duly offered travel services due to early return or for other compelling reasons, there is no claim to (partial) reimbursement of the travel price. If the service providers reimburse us for saved expenses, we will be happy to pass these on to you, unless the services concerned are completely negligible.

6. Rescission for failure to reach the minimum number of participants and for unavoidable exceptional circumstances

6.1 If a minimum number of participants is specified in the travel contract, and if this is not reached, we can withdraw from the travel contract. The time by which the declaration of withdrawal must have been received depends on the duration of the trip as follows:

6.2 We may withdraw from the travel contract prior to commencement of travel if we are unable to carry out the trip due to unavoidable, extraordinary circumstances.

6.3 We will inform you of the non-execution of the trip as soon as it is foreseeable for us that the trip will not take place. In this case we will notify you of the cancellation as soon as possible. The paid travel price will be returned to you immediately, in any case within 14 days of cancellation.

7. Termination for behavior-related reasons

7.1 We may withdraw from the travel contract or terminate the travel contract without notice after commencement of the journey if the traveller, notwithstanding our warning, permanently disrupts the performance of the journey or if he behaves in a manner contrary to the contract to such an extent that we cannot reasonably be expected to continue to uphold the contract. 

7.2 If we terminate the contract, we retain the right to the travel price; however, we must allow ourselves to be credited with the value of the saved expenses as well as those benefits which we obtain from the alternative use of the services not used, including the amounts credited to us by the service providers.

8. (Limited) liability of the travel organizer

8.1 Contractual limitation of liability

Our contractual liability for damages, which are not bodily injuries, is limited to three times the tour price, insofar as damage to the traveller has not been culpably caused.

8.2 Limitation of liability in tort

Our liability in tort for property damage that is not based on intent or gross negligence is limited to three times the travel price. The maximum liability applies per customer and trip. Any further claims in connection with luggage according to the Montreal Convention remain unaffected by the limitation.

9. Warranty

9.1 Remedies and obligations to cooperate

If the trip is not carried out in accordance with the contract, you can demand remedy. To enable us to remedy the situation, you are obliged to report any defects immediately. This only does not apply if the notification is clearly futile or unreasonable for other reasons. Please first contact our local representative, whose address you will find in your travel documents. The tour guide should take care of this if possible. However, they are not authorised to recognise claims. If the travel documents do not contain a reference to a local representative, please contact us directly at the telephone number mentioned in Section 15.

9.2 Mandatory setting of a deadline before termination of the contract

If you wish to terminate the travel contract due to a lack of travel for an important reason which is recognisable to us, you must first set us a reasonable deadline for remedial action. This only does not apply if remedy is impossible or is refused by us or if the immediate termination of the contract is justified by a special interest on your part which is recognisable to us.

9.3 Loss and delay of baggage

We recommend that damage or delays in delivery in the case of air travel be reported immediately on the spot to the responsible airline by means of a damage report (P.I.R.). The damage report must be made within 7 days in the case of damage to luggage and within 21 days after delivery in the case of delay. Otherwise, the loss, damage or misdirection of baggage must be reported to the tour guide or the local representative of the travel organiser.

9.4 Travel documents

Please inform us in good time if you have not received the necessary travel documents within the specified period.

10. Exclusion of claims in case of delayed notification of defects

You must notify us immediately of any deficiency in travel. If you culpably fail to do so and we are therefore prevented from remedying the situation, you shall not be entitled to demand a reduction in price or compensation.

11. Information duties on the identity of the operating air carrier and dispute resolution

11.1 In accordance with the EU Regulation on Informing Passengers of the Identity of the Operating Air Carrier, we will inform you at the time of booking of the identity of the Operating Air Carrier and of all air transport services to be provided in connection with the booked journey. If the operating airline has not yet been determined at the time of booking, we are obliged to inform you of the airline or airlines that will probably operate the flight. We will inform you as soon as we know which airline will operate the flight. We will also inform you if there is a change of airline. 

You will find a list of airlines that are subject to an operating ban in the EU (so-called “Black List”) on the Internet at:

http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm 

11.2 Information for customers from the EU pursuant to Article 14 (1) of Regulation (EU) No. 524/2013 on online dispute resolution:

The EU Commission provides an Internet platform for the out-of-court settlement of disputes in online trade. This platform with further information can be found under the following link: http://ec.europa.eu/consumers/odr

11.3 Information on dispute resolution: We are not obliged and do not participate in any dispute resolution proceedings before a consumer arbitration board.

12. Passport, visa, customs, currency and health regulations

12.1 We inform nationals of a country of the European Union in which the respective trip is offered about passport, visa and health regulations prior to the conclusion of the contract and about any changes to these before the start of the trip. Citizens of other countries can obtain information from their competent consulate or on the Internet. 

12.2 The traveller is solely responsible for procuring and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. We shall not be liable for any disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs. This does not apply if we have not informed you culpably, inadequately or incorrectly.

12.3 We shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if you have commissioned us to procure them, unless we have culpably breached our own obligations.

13. Travel cancellation insurance, etc.

Please note that the travel prices quoted in our offers do not include travel cancellation insurance (cancellation insurance and travel interruption insurance). If you withdraw from your trip before the start of the trip, cancellation costs will be incurred. If the trip is interrupted, additional return travel and other additional costs may be incurred. 

It is therefore advisable to take out an appropriate insurance policy. You will find information on this on the Internet.

14. Choice of law

Vietnamese substantive law shall apply. If and to the extent that the home country law of the consumer contains mandatory legal provisions granting him further protection, these shall apply in addition.

15. Travel Organiser:

Go Indochine Company Limited

Head office: 9 floor, 169 Nguyen Ngoc st, Hanoi, Vietnam

Telefon: +84 24 37263509

Email: [email protected]

Director: Truong Tuon Lan

Managing Director: Mrs. Huyen Nguyen

VAT.-ID: 0101630512

Note:

„GO-INDOCHINE“ is a trade name of Go Indochine Company Limited under Vietnamese law.

Hanoi, April 2020