Terms & Conditions

The following booking conditions form the basis of your contract with Sapa Tribal Trekking, which is a sole trader business in Vietnam, solely owned by Giang Giao.

Please read them carefully as they set out our respective rights and obligations. Please carefully read all other information we send you as well. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Sapa Tribal Trekking” means Sapa Tribal Trekking. References to “trek/tour” and “arrangements” mean the arrangements we make for you in accordance with our contract and do not include any services which you book in conjunction with our arrangements such as international flights.

Making your booking

You can either make your booking (1) online, using our automated online booking service or (2) via email and telephone, so that we may discuss and agree your itinerary. If the latter, we will provide you with a detailed itinerary and costing for this. Once we have agreed on the itinerary, to make a booking you must complete our booking form which we will email to you. This must be signed by the first named person on the booking (“party leader”). The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

The completed signed booking form must then be sent to us together with the payments referred to in clause 2 below.

Subject to the availability of your chosen arrangements, we will confirm your trek/tour by sending written confirmation of the booking to the party leader along with an invoice. Please check this confirmation and all other information (including the itinerary and costing) carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.

We regret we cannot accept any liability.

If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to info@sapatribaltrekking.com

Payment

If booking is made by email rather than using the online booking service on the website, in order to confirm your chosen trek/tour, full payment must be made if booking within 10 weeks of the start of your trek/tour. Alternatively, 50% of the total price must be paid at the time of booking and 50% must be paid not less than 3 weeks prior to the start date of your trek/tour.

The balance of the trek/tour cost must be received by us not less than 3 weeks prior to the start of your trek/tour. This date will be shown on your confirmation. Whilst we endeavour to send reminders, it is ultimately your responsibility to make payment of the balance 3 weeks prior.

Your contract

A binding contract between us comes into existence when we despatch our written email confirmation to the party leader. We both agree that Vietnamese Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Vietnam.

The cost of your trek/tour

Please note, changes and errors occasionally occur. We reserve the right to amend or correct any error in or otherwise amend any costing before confirmation.

Once the costing for your trek/tour has been confirmed by the issue of our written confirmation, then subject to the correction of errors, we will only increase or decrease the price where you have selected utilising the online booking service extra services which are not paid for at the time of booking, or if you subsequently request additional services.

Special requests and medical conditions / disabilities

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.

We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

If you or any member of your party has any medical condition or disability which may affect your trek/tour or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your trek/tour develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.

Changes by you

Should you wish to make any changes to your confirmed trek/tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an administration fee of $10 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of trek/tour dates and other substantial changes (where requested 2 weeks or less before the start of your trek/tour) will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the trek/tour price where, for example, the basis on which the price of the original trek/tour was calculated has changed.

If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 2 weeks before the start of your trek/tour.

Cancellation by you

Should you or any member of your party need to cancel your trek/tour once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Amendment charges are not refundable in the event of cancellation.

Period before the start of your trek/tour within which written notification of cancellation is received by us:

More than 2 weeks: 100% of booking fee paid

7 – 14 days: 50% of booking fee paid

0-7 days (including after the trip has started): 0% booking fee paid

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

Partial cancellation may result in the recalculation of the cost of the trek/tour for remaining party members.

See clause 7 “Changes by you” if any member(s) of your party are prevented from travelling.

Insurance

We consider adequate and appropriate travel insurance to be essential. Your travel insurance must cover death, personal injury, medical expenses, rescue and repatriation (including the flying doctor service) in the event of medical need / death, cancellation, curtailment and adequate cover for loss or damage to personal belongings (including valuable items such as photographic equipment).

Please read your policy details carefully and take them with you on trek/tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.

Changes and cancellation by us

Occasionally, we have to make changes to and correct errors in brochure, itinerary and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before the start of your trek/tour which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your trek/tour.

If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before the start of your trek/tour, we will offer you the choice of the following options:-

(a) (for significant changes) accepting the changed arrangements or

(b) purchasing an alternative trek/tour from us, of a similar standard to that originally booked if available. If the alternative arrangements are more expensive, we will ask you to pay the difference but if they are less expensive, we will refund the difference or

(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us or

(d) agreeing a full credit transfer of all monies you have paid us for use against the cost of a future trek/tour. If your chosen future trek/tour is more expensive when you book it, we will ask you to pay the difference but if it is less expensive, we will refund the difference.

If we have to make a significant change or cancel we will, where due, pay you appropriate compensation (up to a maximum of 2% of the total cost of the trek/tour) depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exception. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.

Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your trek/tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

Our Liability to you

The limitations shown in clause 11(5) are suggestions only and will be subject to challenge as “unfair”.

(1) We promise to make sure that the trek/tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever.

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 15 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of Vietnam which would have applied had those services been provided in Vietnam. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the trek/tour in question.

(5) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.

Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is $5 [c1]per person affected unless a lower limitation applies to your claim under this clause or clause 11(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings.

For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is $2 unless a lower limitation applies to your claim under clause 11 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your trek/tour.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is $3. Please note: where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your trek/tour whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK during your trek/tour using the contact details we have provided you with during your trek/tour, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 7 days of your trek/tour ending with your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

Behaviour and damage

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the trek/tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

Conditions of suppliers

Many of the services which make up your trek/tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 11(4)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.

Excursions, activities and general area information

Your itinerary may include excursions and/or activities which are arranged as part of your trek/tour booking in accordance with our contract and which we accept responsibility for in accordance with these booking conditions.

We may provide you with information (before departure and/or when you are on trek/tour) about activities and excursions which are available in the area you are visiting. You may also be offered the opportunity to book excursions and/or activities whilst you are on trek/tour by the operator(s) or other third parties. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your trek/tour, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a trek/tour with us, we will pass on this information at the time of booking.

Passports, visas and health requirements

Details of any compulsory health requirements applicable to British citizens for your trek/tour are also given at the time of booking. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before arrival in Vietnam. Health requirements and recommendations may change and you must check the up to date position in good time before departure.

It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents (including vaccination certificates if required) before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

Transport timings and delay

All timings we provide for road and rail departures are estimates only and subject to change, sometimes at very short notice. Please ensure you check all information we provide you with as soon as you receive it. Delays may also occur over which we have no control.

You must ensure that you are in the right place at the right time for all ground arrangements we have arranged for you. We cannot accept any liability if you fail to do so.

Brochure / website / advertising material accuracy

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trek/tour (including the price) with us at the time of booking.

Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your trek/tour are provided which apply to those services .

GROUP BOOKING CONDITIONS

Group leader

When making a group booking (1 traveller or more), one person must act as the group leader. This person is responsible for organising all of the travellers in the group, and for confirming all the travellers’ details.

The group leader is responsible for completing the booking form on behalf of the travellers, or distributing the booking form to all of the travellers in the group and returning it to Sapa Tribal Trekking.

The group leader is responsible for the booking and accepts the booking conditions on behalf of all the other travellers. The group leader must also pass on all information issued by Sapa Tribal Trekking accurately and in full to the rest of the group.

Travellers in the group

All travellers’ details must be supplied as soon as possible at the time of booking.

Payment for the group

The group leader is responsible for paying all sums on behalf of the group (including any amendment/cancellation charges).

For group bookings made 8 weeks or more before departure, a deposit of at least 50 % of the booking total is required. If the booking is made later than 8 weeks before departure, full payment will be required.

The invoice for the group will be sent to the group leader. Any questions or queries concerning the trip from travellers in the group should be sent to Sapa Tribal Trekking via the group leader.

Cancellations in the group

The group leader is responsible for any cancellation charges, either partial or full. Please see Sapa Tribal Trekking’s terms and conditions for full details.

Sapa Tribal Trekking is not responsible for advising any other travellers in the group that a person has cancelled or that the trip has been cancelled.

Depending on the reason of the cancellation, travellers in the group may be able to reclaim amounts paid under the terms of their own personal insurance policies. However, each individual must first pay any outstanding deposits or costs and then seek a refund from the insurance company. Therefore, it would be in the interest of the group leader to ensure all travellers are adequately insured.