These terms are available to all our clients.
General Sales Terms
1. The Parties to the Contract
Công ty Trách Nhiệm Hữu Hạn Xuyên Mékong (TransMékong) supplies transportation and catering services of the Bassac to the Passengers designated by the Client.
The Client is the person or entity purchasing the Services of the Bassac from TransMékong.
The Passenger is any person being provided the Services of the Bassac on account of the Client.
No Party to the present Contract may misrepresent its relations to the other Parties, explicitly or implicitly, lest the Contract be deemed void.
2. The Contract
In the absence of any other agreement signed between the Client and TransMékong, the agreement between TransMékong and the Client (the Contract) shall be entirely governed by the present General Sales Terms and the Booking Confirmation.
The Contract Price is the total value of the Contract, inclusive of local taxes and non commissionable.
The Contract is in effect from the Time of Booking Confirmation, that is the time TransMékong confirmed the booking in writing, and until settlement of all accounts pertaining to the booking.
Any Words Capitalized are defined herein.
3. The Services of the Bassac
The services of the Bassac include per night on board:
- Transportation on board;
- Accommodation of each passenger in a twin-share cabin, double- or twin-bedded;
- Three meals;
- Vietnamese coffee, tea; mineral water;
- Two visits on shore or on a small skiff;
- Access to all services on board;
- Access to and from the board on a longboat;
- Road, speedboat transfer, except if specifically mentioned in the booking confirmation;
- Bar services;
- Personal travel insurance;
- Tips and gratuities.
4. Trip schedules
The Scheduled Trips are defined in a calendar published by TransMékong at the availabilities page.
They are available for sale on a per-Passenger basis, where the Passengers may share the board with passengers from other clients, or may be privatized or chartered depending on availability.
If the Booking Slip only refers to a trip by its name, it is assumed to be the typical trip of the same name as published by TransMékong at the programs page.
a. Join-in Trips (Seat-in-Coach)
In a Join-in Trip, the Passengers join in on a scheduled trip and accept to share the board with passengers from other clients.
- For Join-in trips, the Cut-Off Date is 21 calendar days (Days) before scheduled departure.
b. Private Trip
A Private Trip follows the Scheduled Trip as normally programmed and as per the request of the Client, the Passengers are the only passengers on board the Bassac. They are booked according to the normal procedure.
- For private trips, the Cut-Off Date is 30 Days before scheduled departure.
c. Chartered Trip
A Chartered Trip is a Private Trip run along any other route or schedule. Transfer of the Bassac away from and back to its normally scheduled harbours are considered part of the trip.
In any case, booking for a Chartered Trip is subject to case-by-case agreement.
- For chartered trips, the Cut-Off Date is 30 Days before scheduled departure.
d. Day events
Day events are Chartered Trips organized within a day.
5. Booking and payment terms
A Booking is made directly with TransMékong office in Cân Tho, on a first-come, first-booked basis.
A Booking may not be granted should the Client's credit situation present any overdue payment.
a. Availability statements
TransMékong offers take the form of an Availability Statement, which provide the terms extended to the Client and state the availabilities at the time of the statement.
Upon request, TransMékong may hold some cabin room available as a courtesy for a prospective client, for a maximum of 7 Days, pending confirmation.
All bookings are nominative.
When all booking requirements are met, TransMékong shall endeavour to confirm the booking within the shortest time.
A booking is considered complete and binding only when confirmed as such by TransMékong in writing.
c. Payment terms
TransMékong shall confirm a booking according to availability and upon receipt of a Booking Deposit of 25% of the Contract Price as stated at the line Total in the availability statement.
The remainder of the Contract Price shall be received by TransMékong at latest before the Cut-Off Date.
Any and all supplements arising during the course of the trip shall be settled upon check-out.
d. Short-notice booking
In case of a booking for departure within the period of Cut-Off, no Booking Deposit shall be asked, and the full Contract Price shall be paid for before check-in.
In case of a booking for a departure within 52 hours of booking, TransMékong extends to the Client a Late Booking Rebate of 20%.
Unless otherwise formally agreed, failure to settle any due payment on the deadline stated in c. Payment terms above constitutes default and cancellation of the booking on the part of the Client, and TransMékong reserves the right to apply the cancellation policy.
f. Information provided by the Client
The Client provides TransMékong in advance with the names and particulars of its Passengers:
- complete name,
- passport number,
- date of birth,
- emergency contact number.
The Client ascertains that the health or otherwise particular conditions of its Passengers are fit for a river cruise and do not pose a threat to the safety or security on board.
TransMékong may split invoicing into two invoices: one for the transportation services and one for the accommodation and catering services, the sum of both amounting to the Contract Price.
6. Cancellation policy
On the part of the Client
Should cancellation on the part of the Client occur before the Cut-Off Date: TransMékong shall refund the Client with all payments made on account of the Contract.
Otherwise should cancellation on the part of the Client before the Date of No-Show: TransMékong shall charge 25% of the value of the Contract and refund the Client with any further payments already made on account of the Contract.
Should cancellation on the part of the Client occur after the Date of No-Show: TransMékong shall charge 100% of the Contract Price.
- The Date of No-Show is 5 Days before scheduled departure.
Payment pertaining to a canceled booking is to be effected at the same time as if the booking were not canceled, unless waived by TransMékong in accordance with the paragraphs above.
Should TransMékong owe the Client a refund under the terms hereabove, the Client may propose to employ its balance with TransMékong for other trips, or TransMékong shall refund the Client by the scheduled date of departure, in which case the refund transfer costs remain to be borne by the Client.
In case of partial cancellation, the cancellation rules apply for the difference between the Contract Price before and after partial cancellation.
On the part of TransMékong
TransMékong endeavours to give its clients the best possible service and retain their custom, therefore shall by all means provide the service as per its commitments as per the booking.
Throughout the Services of the Bassac, passenger safety has precedence over any other consideration.
In case for any reason safety could be in jeopardy, TransMékong shall retain the right to alter of cancel any or all parts of a trip in the interest of all parties to the Contract.
In case TransMékong should cancel a trip, TransMékong shall propose to the Client an alternative service of equivalent value.
7. Force Majeure
Are Force Majeure: any weather condition that would affect the safety of the ship, popular movement, natural catastrophe, requisition of assets or the effects of any such event on the availability of the ship at the time and place of the scheduled departure.
In case of Force Majeure, TransMékong or the Client shall not be held liable in any way for any changes in or cancellation of any trips.
8. Change in economic conditions
Should changes in taxes, gas oil prices or other issues legally binding to TransMékong arising from the Time of Booking to departure time affect the costs directly borne by TransMékong by 10% or more, the Contract Price shall be reviewed.
9. Client's guide
Only Passengers paying for their passage are entitled to accommodation on board.
However, TransMékong will endeavour to provide accommodation on board for the local guide accompanying the Passengers within practical limits.
TransMékong does not offer travel insurance to its Passengers.
However, should TransMékong's liability become engaged, even towards its Passengers, TransMékong is covered for third party liability ("P&I"), typically under the Shipowners' Club terms.
11. Applicable General Sales Terms
The General Sales Terms may evolve with time. The applicable General Sales Terms are those in force at the time of Booking, as posted at http://transmekong.com/Bassac/en_5_terms#general.
TransMékong's liability shall in any case of cancellation or breach in the Contract be limited to the price already paid by the Client for that trip.
Any claims arising from the execution of this Contract shall be resolved amicably between the parties to the Contract. Only in case no agreement could be reached, brought for arbitration to the Vietnam International Arbitration Center at the Vietnam Chamber of Commerce and Industry, the decisions thereof being legal and binding to the parties to the Contract.
Any claims shall be submitted in writing within 30 days of the occurrence of the cause event for any discussion of a refund, though partial or total to take place.
These terms are only available to professional tour operators.
This document complements and amends for the booking of Series the agreement with the Client, as stipulated at the least in the General Sales Terms. Any terms not specifically mentioned here shall be understood as remaining as in the agreement.
A Series is a booking for unnamed passengers, where the number of passengers is subject to changes after the booking. All the rules here-under apply to all Series.
In case several trips were booked under these terms, each trip shall be called a Series.
For each Series:
2. Terms and price
Booking for any Series is subject to approval case by case at TransMékong's discretion.
Price: The value of the trip is calculated on the basis of the rates applicable to the Client at the departure time and for the total amount of booked passengers, assumed adult.
Booking: A Series is firmly booked upon receipt of a Deposit amounting to 10% of the value of the trip.
Upon request from the Client, and subject to availability, TransMékong shall keep the room necessary for the departure of the Series enough time for the Client to remit the Deposit, within a maximum of 15 days.
The Cut-Off Date is the date until which the Client may cancel the Series without incurring any expenses.
The Cut-Off Date is 45 calendar days (Days) before the departure date of the Series.
The cancellation is effective upon a written and dated confirmation by TransMékong of this cancellation. An e-mail with a read-receipt being accepted as proof.
Upon cancellation of any Series before the Cut-Off Date, TransMékong shall put back to the disposal of the Client the entire Deposit relative to this Series.
Upon cancellation of any Series after the Cut-Off Date, TransMékong shall keep the Deposit relative to that Series.
4. Finalisation date
The Finalisation Date is the date before which the Client must have declared the exact number and age of the passengers of the Series.
The Finalisation Date is 30 Days before the departure date of the Series.
Failing to declare the final number of passengers at the Finalisation Date, the final number of passengers shall be assumed equal to the total number of passengers as booked for the Series.
The final declaration of the number of passengers is effective upon a written and dated confirmation by TransMékong of this cancellation. An e-mail with a read-receipt being accepted as proof.
Upon declaration of the reduction of the number of passengers of a Series before the Finalisation Date (but without cancellation of the trip), TransMékong shall put back to the disposal of the Client the part of the Deposit pertaining to the difference between the total number of passengers booked and the final number of passengers of the Series.
Upon declaration of the reduction of the number of passengers of a Series after the Finalisation date, TransMékong shall retain 100% of the part of the Deposit pertaining to the difference between the final number of passengers at the Finalisation Date and the remaining number of passengers of the Series.
In case of a request to increase the number of passengers of the Series, it is effected under the same terms as a new Series booking.
The Date of No Show is the date from which on any reduction of the number of passengers of the Series is considered as No-Show.
The Date of No-Show is 5 Days before the date of departure of the Series.
From the Date of No-Show on, the total value of the trip is due, even should the number of passengers effectively boarding reduce, or the Series be cancelled. The Client commits to pay the remainder of the value of this trip upon invoicing.
If all the names and ages of the scheduled passengers have not been stated before the Date of No-Show, the price of the trip shall be calculated assuming all passengers are adults.
6. Payment and reimbursements
Upon any payment from the Client, TransMékong must receive the total amount due by the Client. The bank charges applied by TransMékong's bank remain on TransMékong's account.
In case TransMékong puts any amount paid by the Client back to the Client's disposal, for instance following the reduction of the number of passengers of a Series, any such amount shall first be allocated to offsetting any debts the Clients may have with TransMékong, then allocated according to the Client's preference:
Either allocated to payment of further trips or deposits for further Series bookings,
Or reimbursed, in which case the bank charges are entirely on the Client's account.
The final price of the Series is counted according to the number of passengers having actually taken the trip (with discounts if applicable) plus the number of no-show passengers if applicable.
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As a quick hint: (non-contractual table).
||Payment the Deposit as a fraction of the trip value. The Deposit shall be released if the Series is cancelled before the Cut-Off Date.
|At -45 days
||The deposit remains due upon cancellation after this date.
|At -30 days
||The Deposit is due to TransMékong for the number of passengers assumed going from this date on.
|At -5 days
||The price of the trip is due to TransMékong.
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