The terms and conditions described below are an integral part of any agreement, oral or written, between Mien Dong Kinh Travel Co.ltd - www.tonkin-Travel.com (hereinabove referred to as our Agent) and a physical client or legal person (referred to as “the Customer”).

In the absence of another agreement/contract between Tonkin-travel.com and the Customer, agreement/contract between Tonkin-travel.com and the Customer is fully governed by these Terms and Conditions, which is the commitment to purchase tour services.

1. Price validity

 All prices are in US dollars unless otherwise indicated. These prices are valid for the duration specified on the quotation, invoice or other Tonkin-travel.com documents distributed to the Customer.

Tonkin-travel.com guarantees the validity of tariffs, invoices or documents provided to the Customer at the time of distribution. However some force majeure (significant fluctuation of exchange rates, newly enacted state tax, significant increase in the prices of hotels and transport, etc.) may force Tonkin-Travel.com to readjust its prices in order to meet the conditions of travel as described in the specifications. In these cases, a readjustment request made by Tonkin-travel.com shall be sent to the Customer and the Customer can either accept or refuse it. In case of refusal by the Customer, Tonkin-Travel.com reserves the right to cancel the program and refund the Customer the deposit paid.

2. Reservation confirmation

 Any confirmation should be sent to Tonkin-Travel.com by email. Upon receipt of the Customer’s purchase request, Tonkin-Travel.com shall inform the Customer.

 General Terms and Conditions are applicable from the date of booking, on which Tonkin-travel.com confirms the reservation in writing.

3. Deposit and balance payment

 a. Deposit

 Upon confirmation of the trip, the registration must be accompanied by a deposit up to 30% of the total estimate.

 For programs with private junk and/or 5* hotels or tour package under 9 days, the deposit is represented by 50% of the total estimate.

 Tonkin-Travel carries out booking process upon receipt of the deposit. Confirmation of these reservations is sent to the Customer within 10 days via email.

 b. Balance

Full payment must be made at least 30 days before departure.

In some specific cases, we can accept payment upon arrival. Accordingly, the Customer must pay the remaining amount on the first day of the trip. In case of non-compliance with this commitment without the consent of Tonkin-Travel.com, Tonkin-travel.com reserves the right to cancel the trip without refunding the deposit paid by the Customer.

 From the payment of a deposit or balance, Tonkin-travel.com creates a receipt and sends the Customer before or upon arrival in Vietnam, or by email or fax, or by hand at Mien Dong Kinh - Tonkin-travel.com’s office.

4. Payment method

 Quotes are in US dollars. Tonkin-travel.com accepts settlement in the currency of the Customer’s choice: US dollars, Euro or Vietnam dongs. Tonkin-travel.com will apply the current exchange rate on the day of the transaction by taking reference to the site www.xe.com

The Customer can choose the following payment methods:

- Bank Transfer.

- Secured online payment: The Customer can pay by credit card via a secure online payment system (3.2% bank fee is applied to Visa/Master cards; 4% bank fee is applied to AMEX cards)

- Payment Terminal: Payment by credit card by an electronic payment terminal (card machine) is possible only for payment of balance. Tonkin-Travel accepts VISA, MASTERCARD, AMERICAN EXPRESS, JCB. Payment is made by a machine connected directly to the bank (bank charges of about 3.2% (Visa/Master cards) or 4% (AMEX cards) of the transaction amount are born by the Customer)

- Cash: The cash payment is made at Tonkin-Travel.com office or with persons designated. In this case, no fee is required

5. Cancelation or modification of the trip by the Customer

 a. Modification

 Any changes in the travel program by the Customer must be informed to Tonkin-travel.com at least two weeks before the commencement of travel.

 Changing the program during the trip is possible, subject to the availability of services requested. In all cases, the Customer must support surcharges due to the changes he/she wished to achieve visits outside the program.

 b. Cancellation

 At Tonkin-Travel, we do our best to minimize cancellation penalty for our guests but we must abide by the cancellation policy of each service provider. Bellows are general cancellation policy for:

Tours, Accommodations and Trains

- Cancellation from date of confirmation to 30 days before departure date: 30% of the tour price will be forfeited as processing fees and supplier charges.

- Cancellation 29 to 15 days before departure date: 40% of the tour price will be forfeited as processing fees and supplier charges.

- Cancellation 14 to 5 days before departure date: 50% of the tour price will be forfeited as processing fees and supplier charges.

- Cancellation less than 5 days before departure date or no show: charge 100% of total amount.

For the avoidance of doubt, since some suppliers such as hotels, trains, transportations, cruise companies… have different cancellation policies, the cancellation charge may be adjusted accordingly.

Flights
- Normal tickets:

• Change of flight (time/date/route): charge USD30 per ticket per time plus fare difference due to the change if any
• Refund: charge 30% of full fare
• Renaming ticket is actually refund and rebook a new ticket, so it’s charged as refund and plus fare difference if any.

- Promotional tickets:

• Charge 100% of ticket value.
• To avoid any money lose for the Customer, we will negotiate our best in case the late cancellation happens

 The amounts to be refunded by Tonkin-Travel.com will be by bank transfer within 14 days of receipt of your cancellation request. Bank charges are at the Customer’s expense.

 c. Cancellation of one of the participants from a group of 2 persons

 In the case of a group trip, the price is established on the basis of a specified number of travelers sharing certain services (guides, vehicles and rooms if applicable).

 As a result of our reservation confirmation, the cancellation of part of the group will in effect result in the re-evaluation of the price for travellers remaining on the program.

 In order not to penalize other travellers, it is therefore advisable for the defaulting the Customer to pay the balance to the agency before departure and to return to his insurance if necessary to obtain reimbursement of the sums paid.

 The agency will provide in this case the necessary invoice and any document useful to the approach of the defaulting the Customer once the balance has been settled.

6. Cancellation or modification of the trip by the Organizer

 Tonkin-travel.com reserves the right to modify or cancel the trip, in whole or in part, upon the occurrence of force majeure or unpredictable events (ex. health, political, natural disasters, air transport, etc.), making travel impossible or dangerous for travelers.

 In all cases of cancellation, those registered travel program will be refunded but not be entitled to any other compensation.

7. Insurance - Assistance

 Tonkin-travel.com does not propose Insurance and Assistance. It is highly recommended to anyone who takes part in a trip organized by Tonkin-Travel.com to have travel insurance cover contracted in their home country. Tonkin-travel.com may have to ask the Customer for certificate of insurance and assistance.

 Tonkin-travel.com is committed to providing all necessary assistance to the Customer upon the occurrence of events covered by insurance, including the completion of formalities with the competent authorities and the insurer.

8. Responsibilities

 Tonkin-travel.com is committed to provide the Customer all the services mentioned in the travel program.

 During the course of the trip, the Customer must observe the rules announced by the guide or by the responsible service provider. These rules are designed to ensure the smooth running of the program and also the safety rules.

 Tonkin-travel.com is responsible to the Customer as an intermediary between the Customer and various providers of services (aircraft, hotels, transport operators, restaurants, boats, etc.). Tonkin-travel.com must in any case do its best to satisfy the Customer, but cannot be confused with the various service providers, which in any event, retain their own responsibility.

 Anything that happens outside the program or contract is not the responsibility of Tonkin-Travel.com.

Tonkin-travel.com is not responsible for the consequences resulting from force majeure (weather, natural disasters, political problems, strike, etc.)

 Tonkin-travel.com is not responsible for the Customer’s customs problems due to the breach of regulations.

Tonkin-travel.com is not responsible for the theft or loss of valuables or personal property due to the negligence of the Customer.

 Many circuits include activities that require special attention. These activities include loading and unloading, climbing hills, and out of the caves, etc. Our guides will help or give advice to the Customer, but the risks incurred for these activities are the responsibility of the customers themselves.

9. Unused services

 Any service interrupted or shortened, or not used because of the Customer cannot be refunded.

 However, if the trip is interrupted in whole or in part for health reasons, Tonkin-travel.com is committed to do its best to obtain from service providers full or partial reimbursement of unused services.

10. Reclamations - Disputes

If the Customer is dissatisfied with certain services of Tonkin-travel.com, it is advised to inform tour guide or travel consultant such problems not to recur during the course of the trip.

In case there is a complaint or claim relating to a trip or a holiday, the Customer must inform Tonkin-travel.com within 15 days after the end of the trip via email. Supporting evidence should be attached to the letter of complaint. Tonkin-travel.com does not take into account the claims made 15 days after the end of your trip.

Any dispute between the Customer and Tonkin-travel.com must be settled primarily by negotiation.

If no amicable solution can be found, the court of the place of performance of the contract will have jurisdiction to decide the dispute.