INTRODUCTION

Hello Viet Nam!

Welcome to the Active Asia Travel website (hereinafter called “Site”). Please review the following basic terms that govern your use of and purchase of products and services from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms of use (hereinafter called the “Agreement”). The ”Agreement” is between you and Active Asia Travel.

PRIVACY, GDPR

Please review our privacy policy, which also governs your visit to the Site, to understand our practices.

The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas.

COPYRIGHT

Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned or licensed by Active Asia Travel. The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Active Asia Travel.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of products and services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Active Asia Travel on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Active Asia Travel’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Active Asia Travel of all-worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Active Asia Travel will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Active Asia Travel is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree to use the Site for lawful purposes. You are prohibited from posting on or transmitting through any Active Asia Travel website, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of

any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable national, or international law.

PROHIBITED ACTS

By using this Website, you represent, and agree that:

You shall not disguise the origin of information transmitted through the Website;

You shall not place false or misleading information on the Website;

You shall not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Active Asia Travel;

You shall not engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen-scraping, database-scraping, or any other activity with the purpose of obtaining list of users or other information, or sending chain letters or creating pyramid or Ponzi schemes via the Website;

You shall not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined herein) rights of another;

You shall not access certain areas of the Website which are restricted;

You may not use or access the Website or the Systems or Services in any way that, in Active Asia Travel’s judgment, adversely affects the performance or function of the Systems, Services or the Website or interferes with the ability of authorized parties to access the Systems, Services or the Website; and

You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Active Asia Travel.

LINKS

We are not responsible for the content of any sites that may be linked to or from any Active Asia Travel website. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Active Asia Travel, and Active Asia Travel has no control over the content of that other website.

DISCLAIMER

This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in of any equipment you use in connection with your use of our site, and that Active Asia Travel shall not be liable for any damages of any kind related to your use of this site.

INACCURACY DISCLAIMER

From time to time there may be information on any Active Asia Travel website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

TERMINATION

This Agreement is effective unless and until terminated by either you or Active Asia Travel. You may terminate this Agreement at any time. Active Asia Travel may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Active Asia Travel’s sole discretion you fail to comply with any term or provision of this Agreement.

PAYMENT TERMS & CANCELLATION POLICY

Unless Active Asia Travel advises otherwise in its sole discretion, the below payment terms and cancellation policies will apply.

Payment Terms

25% non-refundable deposit is to be made upon commitment of the tour unless booked within 45 days.

50% of the total tour cost to be paid 60 days prior to arrival date.

25% of the total tour cost to be paid 30 days prior to arrival date.

Full payment is required 45 days prior departure or within 24 hours of confirmation if travelling within 45 days from departure.

There may be additional fees required – Active Asia Travel will advise specifically case by case.

Cancellation Policy

All cancellations must be made in writing and acknowledged by Active Asia Travel.

22 days or more prior to arrival date: 20% deposit

21- 15 days prior to arrival date – 50% of the tour cost

14 – 8 days prior to arrival date – 75% of the tour cost

7 days or less prior to arrival date – 100% of tour cost

Depending on specific supplier cancellation policies, the above conditions may be modified.

Separate Agreements

For some clients, Active Asia Travel may have alternative and separate payment and cancellation policies in place. If a separate and valid agreement is in place, then the terms outlined in the separate and valid agreement will supersede those mentioned above.

LIMITATION OF LIABILITY & TRAVEL PARTICIPATION AGREEMENT

Active Asia Travel shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. Participants waive any claim against Active Asia Travel., JSC. For any such loss, damage, injury, or death. Participants understand that the itinerary, schedule, prices and services can alter without prior notice for any reason. Participants are solely responsible for being in sufficient health to undertake the tour and for taking all appropriate medical precautions. Active Asia Travel., JSC strongly advises participants to obtain medical/ trip and cancellation insurance.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on the Site. These policies also govern your visit to Active Asia Travel ’s Websites. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time.