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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 any person or entity purchasing the Services of the Bassac.
The Passenger is any person being provided the Services of the Bassac on account of the Client.
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 Slip, i.e. the booking commitment of purchase of the trip.
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, that is the time TransMékong confirmed the booking in writing.
Any Words Capitalized are defined herein.
The scheduled trips are defined in a calendar regularly published by TransMékong at http://www.transmekong.com/CalEN.php.
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.
A Private Trip is a following the Scheduled Trip as normally programmed, but where as per the request of the Client, the only passengers on board the Bassac are those of the Client. They are booked according to the normal procedure.
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.
Day events are Chartered Trips organized within a day.
Booking is done directly with TransMékong office in Cân Tho, on a first-come, first-booked basis.
Booking may not be granted should the Client's credit situation present any overdue payment.
Upon request, TransMékong may hold some cabin room available as a courtesyt 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.
TransMékong shall confirm a booking according to availability and upon receipt of a Booking Deposit of 25% of the Contract Price.
The remainder of the Contract Price shall be received by TransMékong at latest 21 calendar days (Days) prior to the departure date or the booking deemed void, and TransMékong reserves the right to retain the Booking Deposit.
Any and all supplements arising during the course of the trip shall be settled upon check-out and are considered as part of the accommodation and catering services.
in case of a booking for departure within 20 Days, no Booking Deposit shall be asked, and the full Contract Price shall be paid for before check-out.
The Client provides TransMékong in advance with the names and particulars of its Passengers:
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.
The transportation services amount to 70% of the Contract Price, and the accommodation and catering services amount to 30% of the Contract Price.
TransMékong shall issue two invoices upon request from the Client, one for the transportation services and one for the accommodation and catering services.
Cut-off date: Should the cancellation on the part of the Client occur 21 Days (cut-off date) or more prior to departure date: TransMékong shall refund the Client with all payments made on account of the Contract.
Should the cancellation on the part of the Client occur 6 to 20 Days prior to departure date: TransMékong shall refund the Client with all payments made on account of the Contract except the Booking Deposit.
No-Show: Should the cancellation on the part of the Client occur 5 Days (Date of No-Show) or less prior to departure date: TransMékong shall retain the whole Contract Price. In case the Client has not paid all the Contrat Price yet, the Client still owes the remainder, to be paid before the scheduled date of departure.
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.
TransMékong endeavours to give its clients the best possible service and make them buy again, 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.
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.
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.
Only paying Passengers 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.
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://www.transmekong.com/ContratEN.php.
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 first solved amiably between the parties to the Contract, then 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.