Our contract
Validity
Deposit requirement
Acceptance of booking and final payment
Your details
Cancellation by the traveler
Cancellation by Andy Tourist
Booking amendments
Inclusions
Exclusions
Price & surcharges
Age and health requirements
Passport and visa
Travel insurance
Flexibility
Change of itinerary
Acceptance of risk
Optional activities
Claims and complaints
Severability
Photos and marketing
Privacy policy
Applicable laws
1. Our contract
All bookings are made with Andy Tourist by email: info@andytourist.com. By booking a trip with us you are deemed to have agreed to these Booking Terms & Conditions (which constitute the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
2. Validity
Dates, itineraries and prices are valid from 01 January 2014 until 31 December 2014. Beyond 31 December 2014 dates, itineraries and prices are indicative only.
3. Deposit requirement
You are required to pay a non-refundable deposit of 20% of the trip cost or $100 per person by credit card or bank transfer plus bank charges (If this amount is less than US$500, a 50% deposit will apply) for your booking to be confirmed (please note that increased deposit requirements apply for some trips). If your booking is made within 45 days of the departure date then the full amount is payable at the time of booking.
4. Acceptance of booking and final payments
If we accept your booking we will issue a confirmation invoice. A contract will exist between us from the date we issue the confirmation invoice or if you book within 7 days of departure the contract will exist when we accept your deposit. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 45 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
5. Your details
In order for us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Your booking cannot be confirmed without provision of these details.
6. Cancellation by the traveler
If you cancel some or all portions of your booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
• 45 days or more prior to departure, we will retain the deposit.
• Between 30 and 44 days prior to departure, we will retain the deposit or 50% of the total booking cost; whichever is greater;
• Less than 30 days prior to departure, we will retain 100% paid by you in connection with the booking.
In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.
7. Cancellation by Andy Tourist
We may cancel a trip at any time up to 28 days before departure. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
8. Booking amendments
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 45 days prior to the proposed departure date. A fee of $150 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines).
If you notify us less than 45 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.
Amendments to any other arrangements made in conjunction with your trip will incur a $100 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.
9. Inclusions
The land price of your trip includes:
• all accommodation as listed in the tour program
• all transport listed in the tour program
• sightseeing and guiding services and meals as listed in the tour program.
10. Exclusions
The land price of your trip does not include:
• international or internal flights unless specified
• airport transfers if not specified in tour, taxes and excess baggage charges unless specified
• meals other than those specified in the tour program
• Visa and passport fees
• travel insurance
• Optional activities and all personal expenses.
11. Prices & surcharges
Our trip prices are based on currency exchange rates published by the local national bank of Vietnam at the time of booking. We reserve the right to impose surcharges up to 28 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes or if government action should require us to do so. In such instances we will be responsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this brochure once paid in full. Air Passenger Duty is included in the price of your air inclusive trip. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking. Please note that a levy of up to 2.35% may be applied to all purchases made by credit card.
12. Age & Health requirements
Children discount:
Under 3 years old: Free of Charge;
From 3 to 6 years old: 50% of adult’s fare;
From 6 to under 11 years old: 75% of adult’s fare.
We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
13. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your trip. Your passport must be valid for six months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Trip Notes for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
14. Travel insurance
Travel insurance is compulsory for all Andy Tourist travelers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US $200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You will provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it. If you obtain travel insurance through us you acknowledge that you are satisfied with the level of insurance we have arranged.
15. Flexibility
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
16. Change of itinerary
While we endeavor to operate all trips as described, we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible, if there is time to do so before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you: please refer to the Trip Notes for your trip for details of Emergency Funds which you agree to carry to be used in such instances. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
17. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
18. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract.
You accept that any assistance given by your tour leader or local guide in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
19. Claims & complaints
If you have a complaint about your trip please inform your tour leader at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
20. Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
21. Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
22. Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our privacy policy (available for viewing on our website).
23. Applicable law
The laws of the S.R of Vietnam govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Hanoi, Vietnam.
