The General Terms apply to Guests and Partners (as defined below) who use or book services at the hotels, resorts under the brands Vinpearl, VinOasis and other brands owned, managed and/or operated by Vinpearl (if any) in future (”Hotel”). Guests, Partners and Vinpearl shall be referred to individually as “Party” or collectively as “Parties” in the General Terms.
Guests/ Partners agree and acknowledge that by sending Vinpearl a Reservation Request or Banquet Event Order (“Service Request”) which is confirmed by Vinpearl, Guests and Partners have read and accepted these General Terms, amendments to these General Terms from time to time available on the official website of Vinpearl at https://vinpearl.com/ (“Website”) as well as service policies and quotations as announced and provided by Vinpearl.
The General Terms shall constitute an integral part of the Contract between Vinpearl and Guests/ Partners (“Contract”).
ARTICLE 1. TERMS
1.1. “Vinpearl” means Vinpearl Joint Stock Company and its branches, representative offices, places of business in Vietnam from time to time.
1.2. “General Terms” are the terms that Guests shall comply with during their stay at Hotel and use of Hotel Services, and are subject to amendments or supplementations by Vinpearl from time to time as available on Website.
1.3. “Reservation Request”: requests by Guests/ Partners for rooms, Vouchers or other services, completed by filling in the reservation request and confirmation template issued together with these General Terms.
1.4. “Banquet Event Order”: requests by Guests/ Partners for events at Hotel, completed by filling in the banquet event order template issued together with these General Terms.
1.5. “Service Cancellation Request” ”: requests by Guests/ Partners for cancellation of rooms or events, completed by filling in the service cancellation request template issued together with these General Terms.
1.6. “Guest”: End user of Vinpearl’s services, who does not sub lease such services to other individuals or organizations.
1.7. “Partner”: Travel Agent/ Tour Operator/ Company/ Organization… (not individuals).
1.8. “FIT” means Guest(s) who make(s) reservation for a maximum of 09 rooms night.
1.9. “Group” means 01 group of guests who make reservation for minimum 10 rooms night or 05 villas night.
1.10. “Series Group” means a Group that may make reservation for at least 03 groups with the same schedule.
1.11. “Room Package” means Reservation Request for BB, HB, FB, BBV, BBVS, BBW, FBV, FBVS, FBW or any other new service package announced by Vinpearl from time to time.
1.12. “Bed and Breakfast” or “BB” means Room Package with 01 breakfast/night stay.
1.13. “Half-board” or “HB” means Room Package with 02 meals: breakfast and lunch or dinner up on Guest’s choice.
1.14. “Full-board” or “FB” means Room Package with 03 meals/night stay including breakfast, lunch and dinner (dinner on check-in date, and breakfast and lunch on check-out date).
1.15. “Bed and Breakfast with Vinpearl Land” or “BBV” means Room Package with 01 breakfast and unlimited access to Vinpearl Land for 02 adults/ 01 bedroom/ night.
1.16. “Bed and Breakfast with Vinpearl Land and Vinpearl Safari” hay “BBVS” means Room Package with 01 breakfast/night stay and unlimited access to Vinpearl Land and Vinpearl Safari for 02 adults/01 bedroom/ night.
1.17. “Bed and Breakfast with Water Park” or “BBW” means Room Package with 01 breakfast/night stay and unlimited access to Water Park for 02 adults/01 bedroom/ night.
1.18. “Full-board with Vinpearl Land” or “FBV” means Room Package with 03 meals/night stay including breakfast, lunch and dinner and unlimited access to Vinpearl Land for 02 adults/1 bedroom/ night (dinner on check-in date, and breakfast and lunch on check-out date).
1.19. “Full-board with Vinpearl Land and Vinpearl Safari” or “FBVS” means Room Package with 03 meals/night stay including breakfast, lunch and dinner and unlimited access to Vinpearl Land and Vinpearl Safari for 02 adults/01 bedroom/ night (dinner on check-in date, and breakfast and lunch on check-out date).
1.20. “Full-board with Water Park” or “FBW” means Room Package with 03 meals/night stay including breakfast, lunch and dinner and unlimited access to Water Park 02 adults/1 bedroom/ night.
1.21. “Room Package Rate” means the rate for 01 room night and services listed in that Room Package.
1.22. “Services” include but are not limited to rooms, F&B, events, transportation, recreation and others provided by Vinpearl to Partner/ Guest from time to time.
1.23. “Total Service Charge” includes total Room Package Rate for the whole stay and extra services not included in the Room Package.
1.24. “Voucher” means pre-paid service voucher in physical or electronic form, issued by Vinpearl to recognize Voucher owner’s right to use a Room Package. Use of Vouchers must comply with General Terms and specific provisions of each Voucher.
1.25. “Booking Cancellation/ Decrease” are changes to Reservation Request including but not limited to changes of check-in date, decrease in booked rooms or room nights that Vinpearl has confirmed.
1.26. “Weekend” means Fridays and Saturdays;
1.27. “Weekdays” mean days in the week except for Weekends.
1.28. “day” means a day in the solar calendar.
1.29. “No-Show” means Guest does not show up until 23:59 on check-in date or at another time as informed by Guest/ Partner and room will be released to system for sale after this time without notice to no-show Guest/ Partner.
1.30. “Rooming List” means roster of guests and their room arrangement by Guest/ Partner.
ARTICLE 2. VOUCHER
Unless otherwise agreed or provided by Vinpearl policies, a Guest who uses a Voucher issued by Vinpearl must comply with these General Terms, other specific provisions of the Voucher, and/or relevant service provision policies of Vinpearl that are valid at the time Guest uses Voucher. Original Voucher must be presented and collected up on check-in. In case Guest fails to present valid Voucher, public rates will be applied to Guest up on check-in.
ARTICLE 3. CHECK-IN/ CHECK-OUT:
3.1.1. Check-in time is from 2:00 PM at Hotel on arrival date. Rooms requiring check-in prior to 2:00 PM (but not earlier than 12:00 pm on arrival date) will require pre-registration confirmed by Hotel as per availability.
3.1.2. Early check-in before 6:00 AM will be charged at 100% of purchased Room Package Rate.
3.1.3. Early check-in between 6:00 AM and 12:00 PM will be charged at 50% of purchased Room Package Rate.
3.1.4. Payment for early check-in charge must be made up on receipt of Hotel’s confirmation of reservation.
3.2.1. Check-out time is no later than 12:00 noon, unless otherwise noticed and/or confirmed by Hotel.
3.2.2. Late departures are available, subject to availability as confirmed by Hotel, and charged as follows: 50% of Room Package Rate for late check-out between 12:00 PM and 18:00 PM; 100% of Room Package Rate for late check-out after 18:00 PM.
3.2.3. [Once check–in formalities have been completed, Guests will be charged accommodation at Room Package Rate for the full duration of the reserved stay, even in case of early departure.
3.3. Early check-in and late check-out charges will be charged at (i) public rates of Vinpearl when Guest pays directly to Vinpearl or (ii) contractual rate as agreed between Vinpearl and Partner if payment is made by Partner.
ARTICLE 4. BOOKING PROCEDURE
4.1. All Service requests and Rooming Lists of Guest/ Partner shall be sent to Vinpearl via email or in written form prior to check-in.
4.2. In case guests (including FITs and one or more groups) make bookings through Partner to share a villa of Vinpearl, the Partner must ensure that:
a. Partner informs all guests that the Villa will be shared with other guests who book rooms via Partner; and
b. All guests agree and sign before check-in to confirm they will stay in the shared villa, and they will be responsible for their personal belongings and other personal matters prior to check-in.
Vinpearl shall be exempted from all responsibilities related to resolution of conflicts/ disputes among Guests in shared villas.
4.4.1. Max no. of guests per Hotel room (except for villas):
04 people (03 adults and 01 child of 2 – under 12 years old/ 02 adults and 02 children of 2 – under 12 years old).
Each room can have only 01 extra bed.
4.4.2. Max no. of Guests per villa:
ü 02 adults and 02 children under 12 years old per bedroom
ü Surcharge is applied to children of 4 – 12 years old.
ü Extra bed is not available in Villas except for villas in Vinpearl Luxury Nha Trang.
4.4. Exceptions: In special cases (including but not limited to force majeure, renovation...) Vinpearl reserves the right to relocate Guests to alternative accommodation of at least the same standard as room type reserved by Guest/Partner and confirmed by Vipearl.
4.5. Information provided to Hotel
4.5.1. Information provided prior to arrival
a. In order to ensure the best services for Guests provided by Hotel, the following information should be provided to Reservation by Guests/ Partner:
- Guests’ information (name, date of birth, gender, ID card/Passport/ Temporary Resident Card, nationality) and rooming list must be sent to Reservation of relevant hotel at least 07 days prior to arrival for FITs and at least 14 days prior to arrival for Groups (or shorter notice time as decided by Vinpearl on a case-to-case basis).
- Flight information and tentative arrival time must be provided to Hotel at least 05 days prior to arrival in case airport pick-up service is requested.
- In case of late provision of rooming list by Guest/ Partner, Vinpearl has the right to refuse to apply the preferential rates provided in Voucher, Booking Confirmation, agreement, contract signed between Guest/ Partner and Vinpearl. In this case, Vinpearl will charge public rates up on check-in, and Partner shall be responsible for Guests’ claims caused by late information provision.
- Depending on Service Reservation, for full-board bookings, the meals provided include: dinner on arrival day, 3 meals on subsequent days, and breakfast and lunch on departure day. Requests for change of meal plan: lunch on arrival day instead of departure day, must be made with Reservation at least 05 days prior to arrival. Meal plan change only applies to Guests who check in before 13:00 and check out before lunch time.
- Other special requests such as rooms on high floors and connecting rooms… are subject to availability at the hotel up on check-in.
b. Information changes:
(i) Any change of information of meal plan, additional services etc., must be informed to and confirmed by Vinpearl Reservation at least 05 days prior to arrival date. If the changes are not confirmed within the above deadline, Vinpearl shall have the right to simultaneously take the following actions:
- Apply public rates at check-in time, and Partner shall be responsible for Guests’ claims caused by late information provision.
- Surcharge will be charged to Guest/Partner for non-reserved additional guests (including children) as per public rates of the Hotel at check-in time. In case reservation is made by Partner, Partner shall pay for the surcharges or Vinpearl has the right to deduct the surcharges from any payment made by Partner to Vinpearl.
(ii) Any change of guests’ information (including name, date of birth, gender, ID card/Passport, nationality…) must be informed to Vinpearl at least (i) 01 days prior to arrival in the low season; or (ii) 03 days prior to arrival in the high season; or (iii) 07 days prior to arrival in the peak season. In case guests’ information is changed or rooming list is sent after above-mentioned deadlines, Guest/Partner shall pay the change fee of VND 500,000/change/Guest.
4.5.2. During check-in
a. Guest shall present ID card or passport and/or Birth Certificate for children and have photo taken up on check-in for registration purpose. The Hotel shall keep a copy of these documents. In case Guest fails to present Birth Certificate for children, Guest/ Partner agrees to validate children’s age by height, as follows:
< 4 years old
4-12 years old
> 12 years old
b. By accepting to buy and use services of Vinpearl, Guest agrees to let Vinpearl take passport photos of guests for database and management purposes. Vinpearl is committed not to use/ provide Guest’s photo to a third party (that does not belong to Vingroup) for other purposes except when requested by relevant government authorities or agreed by Guest in advance.
c. Guest shall be requested to make a deposit up on check in for additional services used at the Hotel and/or damages (if any) caused by Guest during the stay. The deposit will be returned to Guest up on check out if no additional services are used and/or no damages are caused to the Hotel. The deposit will be made in cash, debit card or credit card as follows:
(i) Hotel room: VND1,000,000/room
(ii) Villa: VND3,000,0000/room
In case Guest refuses to make a deposit as provided above, Vinpearl has the right to refuse to provide services. In case reservation is made via Partner, Partner shall be responsible for making a deposit on Guest’s behalf if Guest fails to make that deposit at Vinpearl. If Partner fails to make a deposit as provided, No-Show policy in these General Terms shall be applied to rooms without deposit.
4.5.3. Airport pick up:
a. Free airport shuttle bus only applies to Vinpearl Nha Trang Luxury and Vinpearl resorts in Phu Quoc; cancellation fee does not apply to free airport transportation services. Where premium cars are provided, details shall be provided in confirmation by each Hotel.
b. For private car bookings, airbus number and flight schedule must be provided to Hotel at least 05 days prior to arrival so that Hotel may arrange for airport pickup. Any change or cancellation of pickup service must be informed to Hotel 03 days (72 hours) prior to arrival. Cancellation fee shall be charged for late notices.
c. Guest Relation Officer at airport will welcome Guests at Vinpearl desk in arrival hall. Please look for signs with your names or contact the welcome desk at phone number provided in booking confirmation.
d. In case of free see-off transportation service, Guest shall be present at Hotel Lobby 15 minutes prior to departure. If Guest is late, the bus shall depart on time to prevent negative impact on other guests. Late Guests shall pay for their own trip to airport.
4.6. Reservation contact information of each Hotel is provided in Hotel information on the Website.
ARTICLE 5. BANK ACCOUNT OF VINPEARL
5.1. Except when payment is made by credit card, cash or other forms as otherwise agreed in written document, Guest/ Partner will make direct payment to bank account of Hotel which Guest/ Partner books room at as per Hotel information provided on the Website.
5.2. Content of transfer: (i) Name of Guest/ Partner; (ii) Reference no. of Reservation Request/ Banquet Event Order; (iii) Type of payment (deposit, payment,…).
5.3. Vinpearl has the right (i) to change the above-mentioned bank account; and/or (ii) change or supplement the payment procedure and inform Guest/ Partner of such changes in advance in written document or notice on the Website.
ARTICLE 6: REPAIRS
Hotel reserves the right to carry out repairs, renovation or upgrade/preventative maintenance programs as it may deem fit, in order to keep Hotel in the best condition. The decision to renovate/upgrade shall be made by Hotel at its absolute sole discretion, but a prior notice by email/fax of commencement of any major renovation work, on a prolonged basis, that may affect Guests’ comfort, will be given to the Guest and/or Partner.
ARTICLE 7. FORCE MAJEURE
Vinpearl, Guest or Partner shall not be liable for any delay or failure to perform any service contract / agreement (except for payment obligations) or the rights and obligations of either Party provided in the General Terms if the delay or failure is caused by a Force Majeure. Force Majeure includes but is not limited to floods, earthquakes, wars, fires, changes in policies, laws of government or other objective events.
7.1. That event is entirely out of reasonable control or is not caused by the fault or negligence of the Party affected by the Force Majeure, even though that Party has taken all possible necessary measures to prevent, correct or mitigate the damage, causing delay, interruption or suspension in the performance of obligations under this Agreement;
7.2. Within three days from the date of the Force Majeure, the Party affected by the Force Majeure fails to notify the other Party of details of the Force Majeure, measures that have been taken to prevent and recover damages, tentative recovery plan and measures to resolve the problem.
ARTICLE 8. CONFIDENTIALITY
The Parties agree that any information related to the content and validity of this Contract shall not be disclosed to any third party. Such confidential obligations of the Parties shall survive even after the termination of this Contract.
ARTICLE 9. DISPUTE RESOLUTION
These General Terms are governed by the laws of Vietnam. All disputes arising out of the request and use of services by Guest/ Partner according to the Contract and General Terms shall be first settled through negotiation. In case of failure, the dispute will be referred to the competent court in Vietnam according to the laws within 30 days from the date of the dispute.
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