TERMS OF SERVICE

The following Terms of Service (“Terms of Service”) apply to all Guests and Partners who use or book services at hotels and resorts that belong to the Vinpearl brand, and at other brands owned, managed and/or launched by Vinpearl in the future (“Hotel”). Guests, Partners and Vinpearl are referred to individually as “Party,” and collectively as “Parties.”

The Guests/Partners acknowledge that upon their submission of the reservation request for room bookings, events, and/or additional services (referred to collectively as “Service Request”) and upon receiving the confirmation from Vinpearl, they have read and accepted the brand’s Terms of Service (“TOS”), General Regulations (“GR”), and future changes to the TOS and GR on these website addresses https://booking.vinpearl.com/en-USD/dieu-khoan/dieu-khoan-chung and https://booking.vinpearl.com/en-USD/dieu-khoan/quy-dinh-chung (“The Website”), as well as policies regarding service provision and quotes announced and provided by Vinpearl.

The TOS is an integral part of the contract and documents regarding the service provision, use agreement, and Service Request confirmed between Vinpearl and Guests/Partners (“Contract”). 

ARTICLE 1. DEFINITIONS.

1. “Vinpearl” means Vinpearl Joint Stock Company, the affiliated companies of Vinpearl Joint Stock Company, and the branches, representative offices and business locations of Vinpearl and its affiliated companies established nationwide from time to time.

2. “Partner” means a travel agency/tour operator/enterprise/organization or individual that enters into the Contract with Vinpearl.

3. “Guest” means an individual who uses Vinpearl’s services for the purpose of direct consumption, not for resale to other individuals or organizations.

4. “A” means Adult. “C” means Child.

5. “B2B” is a commercial transaction between an enterprise and an enterprise (without the participation of individual customers).

6. “B2C” is a commercial transaction between an enterprise and an individual customer.

7. “Public Price” is the room rate and service price listed at the Hotel and on Vinpearl’s website www.vinpearl.com. Room rates may change daily.

8. “Static Room Rate – Static” is the price that does not change according to changes in the Public Price.

9. “Room Package Rate” is the price for an overnight stay together with the services listed in the corresponding Room Package.

10. “Room Package” is the common name of the following Booking Requests and/or any new service packages announced by Vinpearl from time to time:

11. “Service” includes accommodation, event parties, golf, Voucher or other additional services that Vinpearl provides from time to time, such as transportation and entertainment services.

12. “Single Guest” means a Guest or a group of Guests with a number of rooms booked in the Service Request of up to 09 rooms/night or 04 villas/night.

13. “Group Guest” means a group of Guests with a number of rooms booked in the Booking Request of 10 rooms/night or more, or 05 villas/night or more, and/or services (parties, events, golf and other services).

14. “Group Series” means a Group Guest booked in series of at least 03 groups or more with the same itinerary.

15. “Working Day” means a day from Monday to Friday, excluding days off and holidays as prescribed by law.

16. “No-Show” means the situation where the Guest does not arrive to check in until 23:59 of the check-in date or another time during the stay as notified by the Guest/Partner, and Vinpearl will return the room to the available inventory for sale after this deadline without having to notify the Guest/Partner if the Guest is not present and does not complete check-in procedures.

17. “General Rule” means the regulations that the Guest must comply with during the stay and use of Services at the Hotel, and which may be amended and supplemented at the decision of Vinpearl from time to time and posted on Vinpearl’s Website.

18. “Total Service Charge” includes the total Room Package Rate for the entire stay and other additional services besides those listed in the Room Package.

19. “Voucher” means a prepaid service card/voucher existing in physical or electronic data form issued by Vinpearl to record the right to use a Room Package for the Voucher holder. The use of a Voucher must comply with the GR, the TOU and the detailed regulations on each Voucher.

20. “Confirmation of Services for Group Guest” means Vinpearl’s confirmation of the Guest’s/Partner’s Service Request for booking accommodation, organizing events at the Hotel, vouchers or other additional services for a group guest, with the content per the form issued together with this TOU.

21. “Confirmation of Services for Single Guest” means Vinpearl’s confirmation of the Guest’s/Partner’s Service Request for booking accommodation, vouchers or other additional services for a single guest, with the content per the form issued together with this TOU.

ARTICLE 2. VOUCHER

Unless otherwise agreed or Vinpearl has a different policy, a Guest using a Voucher must comply with the regulations in the TOU, the GR, other conditions specified on the Voucher and/or the service provision policy corresponding to the type of Voucher issued by Vinpearl at the time the Guest uses it. The original Voucher must be presented and collected at the time of check-in. In the event the Guest fails to present an eligible Voucher, the Guest must pay directly at the Public Price at the time of check-in.

ARTICLE 3.  REGULATIONS ON CHECK-IN AND CHECK-OUT:

1. Check-in and check-out time:

Unless otherwise stated and/or confirmed by the Hotel, the check-in and check-out regulations shall apply as follows:

Upon completion of check-in procedures, the Guest shall pay the Room Package Rate for the entire period of stay as registered with the Hotel, regardless of whether the Guest checks out before the check-out time.

2. The above early check-in/late check-out fees shall be charged according to (i) Vinpearl’s Public Price (including the promotional program price if applicable at the time of payment) when the Guest pays Vinpearl directly, or (ii) the contract/agreement price (including the promotional program price if applicable at the time of payment) between Vinpearl and the Partner if the Partner is the payer.

3. Vinpearl will record the Guest’s facial image at check-in registration for management using Facial Recognition Technology. By agreeing to check in, the Guest is deemed to have been notified by Vinpearl of this and to agree that Vinpearl has the right to use the Guest’s image as provided in Article 9.

ARTICLE 4. BOOKING POLICIES

1. All Service Requests and the Guest’s/Partner’s Room Assignment List must be sent to Vinpearl by email or in writing before the Guest completes check-in procedures.

2. In the case where an Agent books a villa (Villa) for 1 group or many different groups of Guests, the Partner must ensure that:

a) The Room Package Rate is based on a default of 02 adults in 1 hotel room or 01 villa bedroom if not mentioned in the appendices relating to room rates.

b) The Partner must inform all Guests that: (i) the Guest will share the villa with other customers who booked through the Partner; (ii) the Guest shall keep personal property themselves when sharing the villa with other customers. The Partner bears all related responsibilities if any complaint or dispute arises.

c) Vinpearl is exempt from liability in resolving conflicts/disputes between Guests sharing a villa.

3. Booking Information: see details in Appendix 1.

4. Regulations on accommodation:

a) The maximum number of Guests per hotel room (except for special cases explicitly stated) applies as follows:

(i) Maximum 04 people in 1 bedroom including children under 4 years old: 03A & 01C/ 02A & 02C.

(ii) Only 01 extra bed may be added per room depending on the policy applicable at each hotel.

(iii) A surcharge applies for children from 4 to under 12 years old and an adult surcharge applies for guests from 12 years old.

b) The maximum number of Guests per villa (Villa) applies as follows:

(i) Each bedroom: maximum 02 A and 02 C under 12 years old.

(ii) A surcharge applies for children from 4 to under 12 years old.

(iii) No extra bed in the villa, except for Vinpearl Luxury Nha Trang.

5. Special circumstances: in some special cases (including but not limited to: force majeure events, hotel upgrade or repair activities, etc.), Vinpearl has the right to relocate the Guest to another room type/Hotel of equivalent standard to the room type/Hotel that the Guest/Partner booked and that Vinpearl confirmed.

6. Information provided to the Hotel

6.1. Information provided before the arrival date

a. To ensure the Guest receives the best service quality from the Hotel and to ensure the Guest’s security, the Guest/Partner must provide the Hotel’s Reservation Department with:

(i) A list of all Guests (full name, date of birth, gender, ID card/citizen identity card, passport number, nationality, copy of temporary residence card):

+ Single Guest: Must be sent to the Hotel’s Reservation Department within the following deadlines from the date of receiving the booking confirmation, but no later than the no-charge cancellation deadline:

* Low season: 7 days

* High season: 15 days

* Peak holiday season: At the time of booking

+ Group Guest: Details as per the group contract.

(ii) Flight information and the expected time of arrival at the Hotel must be provided to the Hotel at least 05 days before the Guest’s arrival date in the case the Guest requests pick-up and drop-off service.

(iii) If the Guest/Partner fails to provide the booking list on time, Vinpearl has the right to cancel the booking from the system, refuse to apply the preferential Voucher price, and invalidate the Service Request, agreement or contract signed between the Guest/Partner and Vinpearl. In that case, Vinpearl will apply the Public Price at the Hotel on the day the Guest completes check-in procedures if rooms are still available, and the Partner shall be fully responsible for resolving the Guest’s complaints arising from the late provision of information.

(iv) Depending on the Service Request booked, if the service is Full-board, the meal order includes: dinner on the arrival day, breakfast, lunch and dinner on the following days up to breakfast and lunch on the Guest’s check-out day. If the Guest wishes to change the check-out day lunch to the arrival day lunch, the Guest/Partner must notify the Hotel’s Reservation Department at least 05 days before the Guest’s arrival date. The meal change applies only to Guests who complete check-in before 13:00 on the arrival day and complete check-out before lunch on the check-out day.

(v) Other special requests such as high-floor rooms, adjacent rooms, etc., will be provided depending on the Hotel’s availability at the time of check-in.

b. Change of information:

Any change to meal information or additional services compared to the original Service Request must be sent to the Hotel’s Reservation Department and confirmed by the Reservation Department at least 05 days before the Guest’s check-in date. If the change is not confirmed in advance, Vinpearl has the right to simultaneously take the following measures:

+ Apply the Public Price at the Hotel on the day the Guest completes check-in procedures, and the Partner shall be fully responsible for resolving the Guest’s complaints arising from the late provision of information.

+ In the case of additional Guests (including children) without prior confirmation, the Guest/Partner shall pay a corresponding surcharge according to the Hotel’s Public Price table at the time of check-in. In the case the booking is made through a Partner, the Partner shall pay the surcharge directly or Vinpearl has the right to deduct the surcharge from any payment made by the Partner to Vinpearl.

6.2. Check-in procedures

a. The Guest must present an ID card or passport and/or a Birth Certificate for children, and be photographed at check-in for registration purposes; the Hotel will keep a copy of these documents. In the event the Guest cannot present the child’s birth certificate, the Guest/Partner agrees to use the child’s height to determine the child’s age, specifically as follows:

b. By agreeing to purchase and use Vinpearl’s services, the Guest agrees to allow Vinpearl to take and use the Guest’s image for statistical and accommodation management purposes. Vinpearl undertakes not to use/provide the Guest’s image to third parties (not belonging to Vingroup) for other purposes, except when required by a competent state agency or with the Guest’s prior consent.

c. The Guest must make a deposit at the time of check-in to secure additional Service Requests arising at the Hotel and/or other damages to the Hotel (if any) caused by the Guest during the stay. The deposit will be refunded by Vinpearl at check-out if no service is used and/or no damage arises to the Hotel. The deposit is made in cash, bank card or credit card with the specific deposit amounts as follows:

(i) Hotel room: 1.000.000 VND/room/night

(ii) Villa: 3.000.000 VND/Villa/night

Vinpearl has the right to refuse to provide the Service if the Guest does not make the deposit as required above. In the case the booking is made through a Partner, the Partner is responsible for making the deposit on behalf of the Guest if the Guest does not make the deposit to Vinpearl. If the Partner does not make the deposit as required, the un-deposited room will be handled under the No-Show policy provided in this TOU.

6.3. Airport pick-up and drop-off service:

a. For Hotels that provide free airport pick-up and drop-off service, no cancellation fee applies to this service.

b. For Hotels that provide chargeable airport pick-up and drop-off service, detailed information on the vehicle type, usage fee, cancellation fee, etc., is provided in advance in each Hotel’s booking confirmation.

c. For private car bookings, the flight number and flight time must be provided to the Hotel at least 05 days before the check-in date so the Hotel can arrange the pick-up and drop-off. If there is any change or the pick-up/drop-off request is cancelled, the Hotel must be notified at least 03 days (72 hours) before the check-in date. Any notice after this deadline is subject to a cancellation fee.

d. The airport receptionist will welcome the Guest at Vinpearl’s reception desk arranged in the arrival hall. Please look for the welcome name board or contact the airport reception desk via the contact phone number provided in the Service Request confirmation.

e. For the free drop-off shuttle service, the Guest must be present at the Hotel lobby 15 minutes before the departure time. In case of delay, the Hotel’s shuttle will still depart for the airport to ensure it does not affect other Guests. A Guest who arrives late shall bear the cost of transport to the airport.

ARTICLE 5. VINPEARL’S PAYMENT-RECEIVING ACCOUNT

1. Unless paying by credit card, cash or otherwise agreed in written documents, Guests/Partners will pay directly to Vinpearl’s accounts. See the list of accounts in Appendix 02.
2. Payment notes: (i) Name of Guests/Partners; (ii) Booking Code/ Event Code; (iii) Payment method (deposit, direct payment,...)
3. Vinpearl reserves the right to (i) change or add in more receiving accounts; and/ or (ii) modify the payment process and notify the Guests/Partners in advance through written documents or by posting on the Website.

ARTICLE 6. REPAIR AND RENOVATION

1. Vinpearl has the right to carry out repair, renovation or upgrade / perform periodic maintenance programs in line with the purpose of maintaining the best condition for the Hotel. Vinpearl has full authority to make its own decisions on repair and upgrade, but must notify the Partner and/or Guest by email/fax before starting major and prolonged upgrade works that may affect the Guest’s satisfaction.

2. Vinpearl shall not be liable for any complaint or claim for loss and/or damage that the Agent and/or customer may suffer due to the renovation/upgrade after prior notice has been given to the Agent/Partner/customer.

ARTICLE 7. FORCE MAJEURE SITUATIONS

Vinpearl, Guests, or Partners will not be responsible for any delay or failure to perform the contract/agreement for service provision and usage (except for payment obligations), or for each party’s rights and obligations listed in this TOS and GR in the case of force majeure events, which include, but are not limited to storms, earthquakes, wars, fires, change in policies & state laws, or other objective events. 

On the conditions that:

1. The situation is completely out of control or does not happen because of the Party’s fault or negligence in dealing with the force majeure event. Even though the Party has taken all necessary measures to prevent and reduce the damage of such an event, this crisis management process still results in delays or interruptions of obligations stated in this Agreement;
2. Within 03 days from the date of the force majeure event, the Party affected by the force majeure event must notify the other Party by written documents, which include the details of such an event, measures that have been carried out to prevent or alleviate the damage, a proposed remedial plan and appropriate solutions.
3. Unless otherwise agreed by Vinpearl in writing, the Guests or Partners must perform their obligations under the Contract in accordance with practical circumstances and must take all reasonable measures to complete parts of the work that is not hindered by the force majeure event.

ARTICLE 8. INFORMATION CONFIDENTIALITY

1.The Partner and Vinpearl undertake that, during the term of the Contract and after the Contract between the Partner and Vinpearl terminates, the Receiving Party shall keep the confidential information (“Confidential Information”) of the Disclosing Party absolutely confidential. Accordingly, the Receiving Party shall not disclose the Confidential Information to any third party, whether directly or indirectly, in any circumstances, without the written consent of the Disclosing Party, except as provided below. For the purposes provided in this article, Confidential Information is understood to include but not be limited to the terms of the Contract signed between Vinpearl and the Partner, and/or information, data and documents created in connection with or arising from the performance of the Contract, and information, data and documents provided by the Disclosing Party to the Receiving Party in any form to perform the Contract. In addition, Confidential Information also includes but is not limited to information relating to business secrets, technology secrets, trade know-how, knowledge or other information about or serving the financial marketing and business of the Disclosing Party.

2.The Confidentiality Obligation shall be excluded if the Confidential Information:

a) has been widely disseminated to the public by the Disclosing Party;

b) is provided by the Receiving Party to the employees, financial or legal advisors or contractors of the Receiving Party for the purpose of performing the Receiving Party’s obligations under this Contract, provided that the Receiving Party is responsible for and ensures that the persons to whom the Confidential Information is disclosed comply with the confidentiality regulations as stated above;

c) is received by the Receiving Party from an independent third party unrelated to the performance of this Contract and without any confidentiality obligation; or

d) is required to be disclosed by a competent authority or any court of competent jurisdiction over the Receiving Party.

3. The Receiving Party agrees that any breach of this Confidentiality Obligation may cause irreparable harm to the Disclosing Party, whereby the Disclosing Party shall have the right to seek measures to mitigate the damage and compel the Receiving Party to compensate for the entire damage in an amount no less than the Contract Value.

ARTICLE 9. THE RIGHT TO USE THE GUEST’S IMAGE

1. Vinpearl deploys Facial Recognition Technology to manage the Guest’s data when entering/leaving the hotel/resort and using services at restaurants, entertainment areas, etc. of Vinpearl, in order to save time and ensure security and safety for the Guest when using Vinpearl’s services.

2. The Guest agrees and allows Vinpearl to collect and use the Guest’s facial image for management by facial recognition technology during the Guest’s stay and use of services at Vinpearl.

3. The use of the Guest’s facial image stated in this Article is completely free of charge.

4. Vinpearl undertakes that the Guest’s facial image will be kept confidential and used only for the purposes stated in these General Terms and Conditions.

ARTICLE 10. DISPUTE RESOLUTION

The provisions in the TOU and GR shall be governed by the laws of Vietnam. All disputes arising in connection with the Guest’s/Partner’s request for and use of the Service under the Contract and the TOU and GR shall be resolved through negotiation. In the event that negotiation is unsuccessful within 30 days from the date the dispute arises, the Parties have the right to bring the dispute to a competent court in Vietnam for resolution in accordance with the law.

ARTICLE 11. TECHNICAL ERRORS

1. Vinpearl will make reasonable efforts to maintain the normal operation of the e-commerce website booking.vinpearl.com (“Website”). However, Vinpearl does not guarantee that (i) the functions and support tools provided on the Website will not be interrupted or in error, (ii) the Website will not be infected with viruses, malware or other harmful components, and/or (iii) all data provided on the Website is accurate and free from technical errors during the data creation process.

2. In the event of technical incidents such as machine failures, software errors, internet transmission system errors, the Website being infected with a virus (“Technical Error”), or in the event of errors in the data posted on the Website such as pricing errors (“Data Error”), Vinpearl will make reasonable efforts to remedy the Technical Error or correct the Data Error as soon as possible.

3. Vinpearl has the right to refuse to perform transactions established: (i) due to a Technical Error, (ii) on the basis of a Data Error, and/or (iii) affected by a Technical Error and/or Data Error regardless of the source of such errors. For clarity, a data error is an error on the Website (for example, on price or conditions) that a reasonable person would not consider normal. In the event of refusal to perform a transaction, Vinpearl will notify the Guest via the email the Guest provided when booking the service, and refund the payment related to the refused transaction that the Guest paid to Vinpearl within a maximum of 45 working days.

4. Besides the obligation to refund the payment received under Point (c), Vinpearl is not responsible for any loss or damage the Guest suffers, whether directly or indirectly, arising from or related to the Technical Error and/or Data Error.

Appendix 01: Contact list for booking

Appendix 02: Payment accounts