1. IN CASE OF FORCE MAJEURE AND BAD WEATHER

 

1.1. CASES OF FORCE MAJEURE

Vietnam is one of the most peaceful countries on earth and the cases of force majeure like war, civil disputes, strikes are extremely rare.

 

1.2. DEFINITION OF “BAD WEATHER”

Being calm all over the year is the typical condition of Halong Bay, yet the area is located within the Gulf of Tonkin so passengers’ safety is still a top concern of the Board of Management. Whenever the  Meteorological Government Agency announces any forecast of upcoming big wave, typhoon from remote areas in the Pacific Ocean or any signal that may harm the boats’ safety, the Board will immediately issue a Prohibition on all “overnight activities and accommodation” on the Bay. These notices are often following consecutive “bad weather forecasts” for several days before coming to effect.

 

1.3. SOLUTION FOR TWO-DAY ONE-NIGHT PROGRAM

LIST	CASE	SOLUTION
1	Prohibition issued before departure time	Full cancellation
2	Prohibition issued between 8 AM – 10:30 AM – along the road to Halong Bay	Full cancellation
3	Prohibition issued between 10:00 AM – 11:30 AM – reach to Halong Bay. For convenience, we serve:
3.1	Lunch onboard before transferring to Hanoi. The program is ended hereby.	USD 25 per person will be charged. Free transfer services, if any.
3.2	Lunch onboard and a sightseeing trip organised by Gray Line cruise with cabin. The program is ended about 5 PM	USD 90 per person will be charged. Free transfer services, if any.
3.3	Lunch onboard and a sightseeing trip organised by Gray Line cruise and then stay at a hotel in Halong City. The program is inclusive of the lunch mentioned above, dinner on the arrival day, and breakfast on the next day. All organised by the Gray Line, instead of the two-day original tour.	10% of the whole total cost will be refunded to the guests.

 

1.4. SOLUTION FOR THREE-DAY TWO-NIGHT PROGRAM

1.4.1: Upon the bad weather conditions and / or in case of force majeure on the ARRIVAL DAY in Halong, Solution as per Clause 1.3 will be applied. Clients can re-book on the next day, if the clients still want to attend the boat trip. The solution is applicable for all program.

1.4.2: Upon the bad weather conditions and / or in case of force majeure on the 2ND DAY (within a three-day two-night program), one of three cases happens:

• LIST	CASE	SOLUTION
  1	Prohibition issued before 8 AM. Clients will attend the last activity and then check out the boat. The booking will be transferred to a two-day-one-night program.	50% of the whole total cost will be refunded to the guests. Free transfer services, if any.
  2	Prohibition issued between 8:30 AM – 16:30 AM. Clients will attend full activities of the 2ND DAY without 2nd stay overnight onboard. The program is ended about 5 PM, exclusive dinner and hotel at that night.	30% of the whole total cost will be refunded to the guests. Free transfer services, if any.
  3	Prohibition issued after 6 PM. The program is ended about 7 AM on the third day without any activities and lunch.	No refund will be applied. Free transfer services, if any.

 

2. RESPONSIBILITIES OF EACH PARTY

• Party A has the right to change the program, sightseeing routes and activities, sightseeing points without noticing Party B, in case the bad weather requires immediate suitable changes.
• Party B (Travel agent) has the responsibility to inform the clients before attending a cruise’s program about Replacement program, Solution in bad weather, and Policies of refunding, as a sequence of bad weather and/or of the cases of force majeure.
• Party A does not have the responsibility in reserving hotel room or any services if the bad weather does not allow the implementation of the original program.
• Party B (Travel agent) has the responsibility to deal with the clients on the possible refunding amounts. Party A does not have the responsibility to advise or inform the clients on any refunding, compensating program to the clients.