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Halongbaycheaptour Terms and Conditions Halongbaycheaptour.com (“Halongbaycheaptour” or “we”) welcomes you (the “Customer” or “you”) to its website (the “Site”). References to the Site are deemed to include derivatives thereof, including but not necessarily limited to mobile websites and applications. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Halongbaycheaptour, you acknowledge and agree having read, understood and agreed to the Terms of Use. Our different policies and guidelines, which can be found throughout the Site, including but not limited to, the Privacy Policy, Cancellation Policy, Refund Policy, Terms and Conditions of the Halongbaycheaptour Rewards Program, Cruise Review Guidelines, FAQs, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please do not use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise. 1. Scope of our Service – Information on the Site Through the Site, Halongbaycheaptour provides an online platform through which you can browse different cruises in Halong bay - Vietnam and make reservations with such Cruises. By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by Halongbaycheaptour, which in turn means the reservation has been confirmed by the Halongbaycheaptour only – Not by Cruise runners. We will indicate the acceptance of your Cruise booking via an e-mail confirmation (with a voucher for prepaid Cruises). We reserve the right to reject bookings as set out below. The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Cruise listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Cruise listed on the Site. The Cruises can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time. We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Cruise request, breach of the Terms of Use, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN,…), etc. In case a booking is rejected or cancelled by Halongbaycheaptour and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms. In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in Halongbaycheaptour’s sole discretion. Please note that suspected group bookings can also be rejected as most Cruises have specific procedures for group bookings. Contact our Customer Service team for more information. Circumstances such as ongoing renovations, Cruise booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Cruise know any special requests or requirements you have at check-in. A word about star ratings The Cruise star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Cruises. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Cruise, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at a Cruise, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features. 2. Use of the Site Halongbaycheaptour grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Halongbaycheaptour or its suppliers and providers, including the Cruises. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Halongbaycheaptour and acknowledge that Halongbaycheaptour may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy. Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to: • use the Site or its contents for any non-authorized commercial purpose; • make any speculative, false, or fraudulent booking; • access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission; • violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site; • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; • deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission; • re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose; • "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization; • deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the the Site, or any postings which advocate illegal activity; • deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable; • deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material; • deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; • deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships; • impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another; • manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver; • use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment; • attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means; • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses; • engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or • do anything else which could cause damage to the Site, the Halongbaycheaptour group of companies and their employees, Halongbaycheaptour’s reputation, or would otherwise have a negative impact. Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Halongbaycheaptour. By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program. 3. Prices, Additional Charges A. Prices We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at a Cruise. Halongbaycheaptour.com does not offer the best price but guarantee the best value to customers. Sometimes cheaper rates are available on the Site for a specific stay at a Cruise for the same room type, however, these rates made by Cruises may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below). B. Additional Charges by Cruises Please note that all prices on the Site are for your Cruise tour reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Cruise tour reservations rates are displayed per room and for a specific tour you choose. Except where indicated otherwise, Halongbaycheaptour will typically display the rate exclusive of tax recovery and service charges (see below for more details) on the Site, and display these additional tax recovery and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking on the last booking page (before the final confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site (under the Cruise information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Please verify the Cruise description or policies on the Site. Insurance of any kind is never included in the rates. The standard Cruise tour reservations are for single or double occupancy, extra beds will usually incur extra charges. The Cruise may also refuse to accept additional persons if not duly informed in advance. Please note that certain Cruises may charge you a so-called additional for the use of certain of their services.. You may also be charged directly by the Cruise for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional Cruise fees is outside Halongbaycheaptour’s control and occurs in certain cruises, Needless to say, optional incidental fees and personal consumptions are almost never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc.. During certain high season periods, certain Cruises will add on a compulsory gala dinner (e.g. for New Year, Christmas, Chinese New Year,...). This is not included in the room rate, but will be displayed on the booking form. Please check the “Cruise Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team. For certain Cruises, a compulsory Cruise transportation or transfer fee will be charged on top of the room rate at the request of the Cruise. Please note that Halongbaycheaptour does not organize any transportation, this is always organized by and offered by or on behalf of the Cruise, who is responsible for such transportation services, not Halongbaycheaptour. Halongbaycheaptour does not assume any liability for the quality, safety, frequency or service levels of such transportation services. In some jurisdictions, the Cruises are also required to directly collect a local bed or city tax from the guests. Governments have on occasion issued additional taxes and may ask the Cruises to collect these directly. These charges, if applicable, will be payable by you to the Cruise directly at checkout. Please verify with the Cruise or Customer Service which extra fees are (not) included. C. Currency Conversion The currency converter is provided for your convenience. Cruise rates provided in a currency other than the currency displayed on the Site are converted to the displayed currency at a rate determined by Halongbaycheaptour. The currency and amount you see displayed on the final booking page is the amount Halongbaycheaptour will charge your credit card. Halongbaycheaptour reserves the right to convert and charge this amount in your credit card currency. Your bank may impose additional fees on the transaction, over which Halongbaycheaptour has no control. Please note that exchange rates fluctuate daily. Halongbaycheaptour.com displays price in USD and VND, as a result you can pay in both. 4. Privacy We respect your privacy. Please have a look at our Privacy Policy for further information. 5. Payment and Payment methods Booking with Halongbaycheaptour.com, you will be required to pay a deposit of 50% (or similar) in total booking value upon reservation and confirmation of the booking. Please check the reservation details thoroughly for any such conditions prior to making your reservation. The balance of payment will be collected by one of our person when you arrive in Vietnam (Hanoi, or Halong City) 2 days before your cruise check - in date. Payment methods: . By Credit Card: Authorization letter, through Paypal . Bank Transfer: . Money transfer: Western Union, Money Gram, Maybank . Cash directly in Hanoi, Vietnam 6. Booking conditions - Cancellations, No-Shows, Early Departure and– Special Needs By making a reservation on our Site, you accept and agree to the relevant Cruise booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Cruise that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Cruise (the delivery terms and conditions of a Cruise can be obtained with the relevant Cruise). The general cancellation and no-show policy of each Cruise is made available on the Site at the Cruise information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Cruise’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Cruise carefully prior to making your reservation. If you fail to check in to your Cruise on time on the day of your reservation and do not alert the Cruise, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Cruise. Regardless of the Cruise’s cancellation policy, Halongbaycheaptour reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Cruise details thoroughly for any such conditions prior to making your reservation. If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, or email to info@Halongbaycheaptour.com Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Cruise and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Halongbaycheaptour. Depending on the policy of the applicable Cruise, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. 7. Reviews – Further correspondence - Rights to User Content By completing a booking, you agree to receive an invitation email to complete our guest review form which we will promptly send to you after your stay at the Cruise. Completion is optional. The completed guest review may be uploaded onto the relevant Cruise’s information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Cruise. By posting a review, you grant Halongbaycheaptour the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Halongbaycheaptour reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the review terms and conditions. In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Halongbaycheaptour the right to pursue at law any person or entity that violates your or Halongbaycheaptour 's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit. Content submitted by users will be considered non-confidential and Halongbaycheaptour is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Halongbaycheaptour reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Halongbaycheaptour is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Halongbaycheaptour. Halongbaycheaptour shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Halongbaycheaptour Policies on the Site for more details. If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Halongbaycheaptour or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Halongbaycheaptour , and its licensees, successors and assigns, from any claims that you could otherwise assert against Halongbaycheaptour by virtue of any such moral rights. 8. Travel advisory – Visa requirements Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations. By displaying Cruises in particular destinations, Halongbaycheaptour does not represent or warrant that travel to such points is advisable or risk-free and Halongbaycheaptour can never be held liable for damages or losses that may result from travel to such destinations. Halongbaycheaptour can under no circumstances be held liable for any incidents occurring during your stay at the Cruise. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance. Halongbaycheaptour cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required. Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. 9. Miscellaneous Halongbaycheaptour does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Cruises, or any room in such Cruises. The Cruises are liable and responsible for providing accommodation and welcome people who have booked through Halongbaycheaptour as their guests. You agree to indemnify and hold harmless Halongbaycheaptour from and against any liability, damage or loss including legal fees and expenses that Halongbaycheaptour incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Halongbaycheaptour harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above. You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Halongbaycheaptour cannot be held liable in case a Cruise refuses to check you in or asks you to leave for legal or regulatory reasons. The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent. Halongbaycheaptour reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Halongbaycheaptour shall not be liable to you or any third-party for any termination of your access to the Site. Halongbaycheaptour reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. More information or questions? Please also refer to our FAQs, about us on the Site or contact us www.halongbaycheaptour.com – Smart way to book Halong Tours
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