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/dieu-khoan/dieu-khoan-chung/ and https://booking.vinpearl.com/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” refers to Vinpearl Joint Stock Company, affiliated companies of Vinpearl Joint Stock Company, and the branches, representative offices, business locations and affiliated companies of Vinpearl that are established nationwide at different points in time.
2. “Partner” refers to travel agencies/travel companies/businesses/organizations, or individuals that have signed the contract with Vinpearl.
3. “Guest” refers to individuals who purchase Vinpearl’s services for direct consumption, not for resale to other individuals or organizations.
4. “A” refers to Adults. “C” refers to Children.
5. “B2B” is a commercial transaction conducted between one business and another (without the participation of individual customers).
6. “B2C” is a commercial transaction between a business and an individual consumer.
7. “Public Rate” is the room rate and service price listed at the Hotel and at Vinpearl’s website www.vinpearl.com. Room rates may change depending on the day.
8. “Static Room Rates” refers to the room pricing that does not change according to changes in the publicly announced price. “Room Package Rates” are the rates for the overnight stay accompanied by the services listed in the respective Room Pack.
9. “Room Package Rates” refers to the rates for overnight stays and services listed in the respective Room Packages.  "Room Package" is the general name of the following Booking Requirements and or any new service packages announced by Vinpearl from time to time:
10. “Room Package” is the common name for the following Booking Requests and/or any new service packages announced by Vinpearl:

1.11. "Meal"

- Breakfast: serves buffet format
- Lunch & Dinner: Serves buffet at the announced price or standard room package at hotels in the resort chain, and set menu/ alacarte at hotels in the chain of city hotels & condotels.
- In case the hotel does not serve lunch & dinner as buffet, guests will be changed to use the Set menu according to the regulations by each program announced by the hotel.

1.12. “Services” include accommodation, parties, events, golf, and vouchers services, or any other additional services that Vinpearl provides, such as transportation and entertainment services.

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

1.14. “Group Guest” refers to a group of guests with the number of rooms booked of 10 rooms/night or more, or 05 villas/night or more. 

1.15. “Group Series” refers to at least 03 “Group Guests” or more with the same schedule

1.16. A “Room List” refers to a list that categorizes Guests by their rooms based on the original booking requests

1.17. “Working Day” refers to any day from Monday to Friday, except for public holidays as prescribed by law.

1.18. “Weekend” refers to Fridays and Saturdays. 

1.19. “No-Show” refers to the situation when the Guests do not show up before 11:59 PM of the check-in date or of any other time during their stay as previously announced. Upon this occasion, Vinpearl reserves the right to change the room’s status to “available” on the booking site without having to notice the Guests/Partners if they are not physically present to follow check-in procedures. 

1.20. “General Rules” are regulations that Guests must comply with during their stay and usage of the Hotel’s services. These regulations can be amended or supplemented in accordance with Vinpearl’s decisions at different points in time, and will be updated on Vinpearl's websites. 

1.21. “Total Service Charges” includes the total Room Rate for the entire stay and additional services other than those listed in the Room Package.

1.22. “Voucher” refers to a prepaid service Card/Voucher that exists in a physical form or as electronic data issued by Vinpearl to record the rights of the voucher holder to use a Room Plan. The use of this Voucher must comply with the detailed TOS and GR listed on each Voucher. 

1.23.“The Confirmation of Services for Group Guest” refers to Vinpearl’s confirmation of the Group Guests/Partners’ Service Request for bookings of accommodation, event organization, voucher, or any other additional services, with detailed content listed in the form attached to this TOS. 

1.24.“The Confirmation of Services for Single Guest” refers to Vinpearl’s confirmation of the Single Guests/Partners’ Service Request for bookings of accommodation, event organization, voucher, or any other additional services, with detailed content listed in the form attached to this TOS. 

ARTICLE 2. VOUCHER

Unless stated otherwise or Vinpearl has a different policy, Guests using the physical Voucher or E-Voucher code must comply with the regulations of this TOS and GR, as well as with other conditions specified on the Voucher and/or service provision policies that correspond to the type of Voucher issued by Vinpearl at the time of usage.

- When using a physical voucher: The original voucher must be presented and then collected at the time of check-in. In the event when Guests fail to present an eligible Voucher, they must pay the Hotel the Published Price at the time of check-in.

- When using an E-voucher: The Voucher code will be disabled immediately when the Guests have successfully booked the service at the website Vinpearl.com. Please find your valid code on your confirmation letter or present it to Reservation department before arrival date. In the event of no valid E-voucher is provided the supplement charge will be applied immediately based on the current available offers to the time of check-in.

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

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 the completion of check-in procedures, Guests will be charged the Room Rate for the entire period of stay as registered with the Hotel, regardless of whether they check-out prior to the designated time.

The above fees for early check-in/late check-out will be charged in accordance with:

The price is according to the contract / agreement between Vinpearl and the Partner if the Partner is the payer.

1. Vinpearl’s Public Rate when the Guests pay Vinpearl directly
2. The price listed on the agreement/contract between Vinpearl and the Partner if this party is the payer.
3. During check-in, Vinpearl will record images of Guests’ faces for management purposes with the Face Recognition Technology. By agreeing to check-in, the Guests confirm that they have been notified by Vinpearl about this process and give Vinpearl the rights to use their images, as stated in Article 9.

ARTICLE 4. BOOKING POLICIES

1. All Service Requests, Guests/ Partners’ Booking List must be sent to Vinpearl in the form of emails or in physical documents prior to the check-in time.
2. In the case when the Agent books villas for 1 group or many different groups of Guests, the Partner must ensure that:
3. The Price Package is set for 02 adults in 01 hotel room/bedroom villa, if not otherwise mentioned in the Appendix about room rates.
4. The Partner needs to inform all Guests that:

            (i) Guests will share the Villa with other customers who book through the Partner

            (ii) Guests will maintain personal properties by themselves when sharing a villa with other customers.

1. Vinpearl is not responsible for resolving conflicts/disputes between Guests who share a villa.
2. Reservation information: see detailed information in the Appendix 1.
3. Regulations on accommodation: 
4. The maximum number of Guests per Hotel room (except for special cases) is applied as follows:
5. The maximum number of guests per Villa is applied as follows:
6. The maximum number of Guests in 1 bedroom is 04 people, including children under 4 years old: 03A & 01C/ 02A & 02C.
7. Only 01 extra bed is allowed per room, depending on the policies applicable at each hotel.
8. Additional charges are applied for children from 4 to under 12 years old, and for Guests from 12 years old
9. Each bedroom: maximum 02 A and 02 C under 12 years old
10. Additional charges are applied for children from 4 to under 12 years old.
11. No extra bed allowed, except for in Vinpearl Luxury Nha Trang. In some special cases (including but not limited to: force majeure events, hotel renovation and repair activities, etc.), Vinpearl reserves the right to relocate Guests to room type / The other Hotel has the same standard as the room / Hotel that the Guest / Partner has booked and confirmed by Vinpearl.
12. Special circumstances: in special cases (including, but not limited to force majeure events and hotel renovation & repair activities), Vinpearl reserves the right to relocate Guests to other rooms/hotels of the same standards as the previous rooms/hotels.
13. Information provided to the Hotel:
14. Information provided prior to the day of arrival:
15. To receive the best services from the Hotel and ensure their security, the Guests/Partners should provide the Reservation Department with the following information:
16. A list of all Guests (with details including: first and last name, date of birth, gender, identity/citizenship card, passport number, nationality, and a copy of the temporary residence card):

+ Single Guest: The information must be sent to the Hotel’s Reservation Department in accordance with the following deadlines from the day that the Guests/Partners receive the confirmation of the booking request, but no later than the no-charge cancellation deadline:

* Low season: 15 days

* High season: 7 days

* Peak season: At the time of booking

+ Group Guest: For detailed information, see the contract. 

1. The flight information and expected arrival time should be provided to the Hotel at least 05 days prior to the arrival date if customers request pick-up and drop-off service.
2. If the Guests/ Partners fail to provide the Hotel with this list on time, Vinpearl reserves the right to cancel the booking request from the system, refuse to apply the discounted price listed on the Voucher, and invalidate the service request, signed agreement or contract between Guests/Partners and Vinpearl. In such cases, Vinpearl will apply the Published Price at the Hotel on the day of check-in if the room is still available, and the Partner will be solely responsible for resolving the customers’ claims arising from the late submission of information.
3. Depending on the registered Service Request, if the service is Full-board, then the order of meals is as follows: dinner on the day of arrival, breakfast, lunch and dinner on the following days, and breakfast and lunch on the day of check-out. If Guests wish to change lunch on the check-out date to lunch on the arrival date, they must inform the Hotel Reservation Department at least 05 days prior to the arrival date. Meal changes are only available for guests checking in before 1 PM on arrival date and checking out before lunch on the day of departure.
4. Other special requests, such as rooms on a high floor and adjacent rooms,... will be considered based on the room availability of the Hotel at the time of check-in.
5. Change of information:
6. Any changes to information regarding F&B and services that differs from the original Service Request should be sent to and approved by the Hotel Reservation Department at least 05 days prior to the check-in date. If the change is not confirmed in advance, Vinpearl reserves the right to take the following measures simultaneously:

+ Apply the Published Price at the Hotel on the day of check-in and the Partner will be solely responsible for resolving any complaint arising from the late submission of information.

+ In the event where there are additional Guests (including children) without prior confirmation, the Guests/Partners will need to pay a corresponding surcharge in accordance with the Hotel’s Public Rates at the time of check-in. If the booking is made through a Partner, the Partner will need to pay this surcharge directly, or Vinpearl reserves the right to deduct this amount from any payment made from the Partner to Vinpearl. 

Fees for changing the personal information of Guests (including name, date of birth, gender, identity card, passport number, nationality, and temporary residence card) after the deadline:

1. Fees for changing the personal information of Guests (including name, date of birth, gender, identity card, passport number, nationality, and temporary residence card) after the deadline:

1. Check-in procedures
2. Guests are required to present their children’ identification documents, passport and/or birth certificate, and consent to being photographed upon check-in for registration purposes. The Hotel will keep a copy of these documents. In the event where the Guests are unable to present the child’s birth certificate or related documents, the Guests/Partners have by default agreed to use the child’s height to determine his or her age, specifically as follows:

1. By agreeing to purchase and use Vinpearl’s services, Guests have allowed Vinpearl to take their photos for statistical analysis and management. Vinpearl will not provide these images to third parties (that are not part of Vingroup) or use them for any other purposes, except when state agencies require us to, or if Guests have provided us with prior approval.
2. A deposit must be made at the time of check-in to provide guarantee for any additional Service Requests made at the Hotel and/or any other damages done by the Guests (if any) to the Hotel during the period of stay. The deposit will be refunded by Vinpearl at the time of check-out if the service is not used and/or there is no damage caused to the Hotel. The deposit can be made in cash, bank card or credit card with these specific rates:
3. Hotel rooms: 1.000.000 VND/room
4. Villas: 3.000.0000 VND/Villa

Vinpearl reserves the right to refuse to provide the service if the customer does not pay the deposit as stated above. In case the booking request is made through a Partner, this Partner is responsible for making a deposit on behalf of the Guests in case they do not pay this amount to Vinpearl. If the Partner fails to pay the deposit, the No-Show policy in the TOS will be applied to the case.

1. Airport pick-up and drop-off services:
2. For Hotels that provide free airport pick-up and drop-off services, there is no cancellation fee.
3. For Hotels that provide airport pick-up and drop-off services with a charge, the detailed information about the shuttle type, and the usage/cancellation fees,... will be provided in advance in the Booking Request of each Hotel.
4. In case of private shuttle bookings, the flight number and flight time must be provided to the Hotel at least 05 days prior to the check-in date. If there is any change of cancellation request, the Guests must notify the Hotel at least 3 days (72 hours) before the check-in date. The cancellation fees will apply to any notice made after this deadline.
5. The receptionists at the airport will welcome guests at Vinpearl’s reception desk, which is located in the Arrival Hall. Please look for name signs or contact the airport reception with the number provided in the Service Request confirmation.
6. For the free shuttle service for airport drop-off, it is the Guests’ responsibility to arrive at the Hotel lobby 15 minutes prior to departure. In case of delay, the bus will go straight to the airport to ensure the best experiences for other guests. Late arrivals will need to  bear the cost of transport to the airport.

ARTICLE 5. VINPEARL’S PAYMENT 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. RENOVATION

6.1.      The Hotel reserves the right to repair, renovate or upgrade/perform periodic maintenance programs to ensure the best conditions for its facilities. The Hotel reserves the right, at its sole and absolute discretion, to make repair and upgrade decisions, but need to notify the Guests/Partners by email/fax prior to the start date of major and extended renovations that may affect the Guests’ experience. 

6.2.      Vinpearl will not take responsibility for any complaints or claims for loss and/or damage that the Guests/Partners encounter due to the renovation process after the above official notification. 

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. TECHNICAL ERRORS

a.    Vinpearl will make every reasonable effort to maintain active operation of the e-commerce website booking.vinpearl.com (“Website”). However, Vinpearl does not guarantee that (i) the supporting functions and tools provided on the Website will always remain uninterrupted or error free (ii) the Website will never be infected with virus, malware, or other harmful components, and/or (iii) all data provided on the Website is correct and free from technical errors arising from the data creation process.

b. In case of technical issues, such as machine problems, software errors, malfunctions in the system for internet connection, and virus infections ("Technical Error"), and when data errors or pricing errors appear on the Website ("Data Error"), Vinpearl will make every reasonable effort to fix these issues as soon as possible. 

c.    Vinpearl reserves the right to refuse to perform transactions that are established:

(i)    due to a technical error,

(ii)   on the basis of a data error

(iii)   because of the effect of a technical and/or data error, regardless of the source of the error. To clarify, a data error is an issue on the Website (such as pricing and specific conditions) that a reasonable person would not consider normal. 

If Vinpearl refuses to perform a transaction, we will notify Guests via the emails that they provided when booking services, and refund the payment related to the declined transaction that they have paid to Vinpearl in maximum 45 working days.

d.   Asides from obligations to refund the payment received under Point (c), Vinpearl will not be responsible for any loss or damage that the Guests, whether directly or indirectly, have undergone due to technical or data errors

ARTICLE 9. INFORMATION SECURITY

9.1. The Partners and Vinpearl agree that, during the period when the Contract is still valid and after the Contract between the two Parties has been terminated, the Receiving Party must keep all related information given by the Disclosing Party strictly confidential (“Confidential Information”). Accordingly, the Receiving Party shall not disclose the Confidential Information to any third party, whether directly or indirectly and under any circumstances, without written consent from the Disclosing Party. For the purposes specified in this Article, the Confidential Information refers to specific terms of Contract signed between Vinpearl and Partners, and/or data and documents generated by, relating to, or arising from such a Contract. In addition, the Confidential Information further includes, but is not limited to, trade and technology secrets, and any knowledge regarding business, financial and marketing activities of the Disclosing Party. 

9.2. Such Confidential Obligations will be exempted if the Confidential Information:

1. has been widely and publicly announced by the Receiving Party;
2. is provided by the Receiving Party to this Party’s employees, financial advisors, legal consultants or contractors to perform duties listed under the Contract, provided that the Receiving Party takes responsibilities for, and ensures that those who receive such Confidential Information will comply with the Contract’s privacy regulations
3. is provided to the Receiving Party from an independent Third Party that is both unrelated to the terms in this Contract and does not bear any Confidential Obligations; or
4. is required by a competent authority or by a court with appropriate jurisdiction over the Receiving Party.

9.3. The Receiving Party agrees that any breach of this Confidential Information could result in irreversible damage to the Disclosing Party, under which the Disclosing Party will have the rights to take measures to mitigate such damage and compel the Receiving Party to compensate for any loss caused with an amount no lesser than the Contract Value. 

ARTICLE 10. THE RIGHTS TO USE GUESTS’ PHOTOS 

10.1.   Vinpearl applies facial recognition technology to manage the Guests’ data when they enter/leave the Hotels/Villas and use services such as restaurants and entertainment areas,... as a time-efficient means to ensure the safety and security of Guests

10.2.    Guests have agreed and consented to having their photos collected for management purposes by the facial recognition technology during their stay and use of services at Vinpearl.

10.3.    The use of Guests’ photos listed under this Article is completely free. 

10.4.   Vinpearl ensures that the Guests’ facial photos will be kept strictly confidential and used only for the purposes stated in this TOS. 

ARTICLE 11. DISPUTE RESOLUTION POLICIES

The terms and conditions of this TOS are governed by the laws of Vietnam. All disputes related to the Guests/Partners’ request or use of services in accordance with this Contract and its TOS will be resolved first through negotiation. In the case of unsuccessful negotiation within 30 days after the conflict arises, both Parties have the right to bring the case to a competent court in Vietnam to resolve by law. 

Appendix 01: Contact list for booking

Appendix 02: Payment accounts