Best rate guaranteed
Best rate guaranteed
Please read the terms and conditions carefully, as it contains information concerning your legal rights, limitations on these rights and a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this website or book any product.
For the purposes of these Booking Conditions, the following terms shall have the meanings set out below unless specified otherwise:
"Bhaya Cruises", "Bhaya", "we", "our", or "us" means Bhaya Cruises and/or the legal entity operating the cruise services identified in the Booking Confirmation.
"Booking" means a reservation for any cruise, package, accommodation or other services offered by Bhaya Cruises, made via the Website, directly with Bhaya Cruises or through an authorized Travel Agent. Bhaya Cruises’ online instant booking will be processed via www.bhayacruises.com, www.aucocruises.com, www.legendhalong.com, www.bhayasoul.com– the Official Booking Portals of Bhaya Cruise Co., Ltd.
"Booking Confirmation" means the written confirmation issued by Bhaya Cruises confirming acceptance of a Booking.
"Booking Conditions" means these Booking terms and conditions, as amended from time to time.
"Captain" means the master of the vessel or any person authorized to exercise the Captain's authority.
"Charter Booking" means a Booking where the Guest reserves the exclusive use of an entire vessel.
“Contract" means the legally binding agreement between the Guest and Bhaya Cruises, whether the Booking is made directly with Bhaya Cruises or through an authorized Travel Agent, formed in accordance with Clause 2, comprising the Booking Confirmation, these Booking Conditions, and any documents expressly incorporated by reference.
"Cruise" means the cruise voyage and any services expressly included in the Booking Confirmation.
"Deposit" means the amount specified by Bhaya Cruises at the time of Booking or in the Booking Confirmation that must be paid to secure a Booking.
"Force Majeure Event" means any event beyond the reasonable control of Bhaya Cruises which could not reasonably have been foreseen or avoided despite taking all reasonable measures, including but not limited to adverse weather, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, governmental actions, navigation restrictions, port closures, mechanical failures affecting navigational safety, labor disputes or any decision of competent authorities affecting the operation of the Cruise.
"Guest", "Passenger", "you", or "your" means each person for whom a Booking is made, whether or not that person is individually named in the Booking Confirmation, including (a) the person identified in the Booking Confirmation as having made the Booking or where applicable, on behalf of the other Guests travelling under that Booking; and (b) each other person subsequently identified to Bhaya Cruises in a passenger information form or other registration document submitted before the scheduled departure date.
"Itinerary" means the planned cruise route, destinations, schedules and activities described in the Booking Confirmation or related travel documents.
"Major Change" means a significant change made before departure, including but not limited to cancellation of the whole Booking; substitution of the vessel in accordance with Clause 6.4.2, substitution of the Cruise with a materially different itinerary; change of departure time by more than 24 hours; change of departure port or disembarkation port by more than 50 kilometers compared to originally intended departure port or disembarkation port; or any other change that materially affects the overall nature of the Cruise. Notwithstanding the foregoing, any significant changes made to the itinerary for safety, operational, tidal, weather or navigational reasons or at the direction of a competent authority, shall not constitute a Major Change.
Minor itinerary adjustments including but not limited to changes to sightseeing locations, activity schedules, meal arrangements or cabin allocations within the same category shall not constitute a Major Change.
“Personal Information" means any information relating to an identified or identifiable individual provided by or on behalf of a Guest in connection with a Booking, including but not limited to the Guest's name, date of birth, nationality, contact details, identification card numbers, passport information, visa information, payment details, emergency contact information, health or medical information voluntarily disclosed by the Guest, dietary requirements, accessibility requirements (disabilities), and any other information reasonably required by Bhaya Cruises to provide the Cruise or comply with applicable laws.
"Travel Agent" means any authorized travel agency or booking intermediary acting on behalf of a Guest including but not limited to any travel agencies, booking platforms.
"Website" means the official Bhaya Cruises website including www.bhayacruises.com, www.aucocruises.com, www.legendhalong.com and www.bhayasoul.com.
2.1. Acceptance of Booking Conditions: These Booking Conditions apply to all Bookings made with Bhaya Cruises, whether made through the Website, directly through Bhaya Cruises or through an authorized Travel Agent.
By making a Booking, the Guest confirms that the Guest has read, understood and agreed to be bound by these Booking Conditions. If the Guest makes a Booking on behalf of other Guests, the Guest confirms that the Guest is authorized to accept these Booking Conditions on their behalf.
2.2. Formation of contract: A contract between the Guest and Bhaya Cruises is formed and becomes legally binding as soon as Bhaya Cruises issues a written Booking Confirmation to the Guest or a Travel Agent when a Booking is made through a Travel Agent.
Until a Booking Confirmation has been issued, Bhaya Cruises reserves the right to refuse or decline any Booking request without liability.
The Booking Conditions, together with the Booking Confirmation and any documents expressly incorporated by reference therein, constitute the entire agreement between the Guest and Bhaya Cruises and supersede all prior communications, representations or understandings relating to the same subject matter. In the event of any inconsistency, the Booking Confirmation shall prevail unless expressly stated otherwise.
2.3. Guest Information: The Guest is responsible for ensuring that all Personal Information provided or reasonably requested by Bhaya Cruises during the Booking process is complete and accurate.
Bhaya Cruises shall not be liable for any loss, delay, denied boarding or additional costs resulting from Personal Information that is inaccurate, incomplete or provided later than required by these Booking Conditions, except when such inaccuracy, incompleteness or delay results from Bhaya Cruises’ own error or negligence in recording or processing information that was correctly or timely provided by the Guest.
2.4. Booking by a Travel Agent: Where a Booking is made through a Travel Agent, the Travel Agent acts solely as the Guest's booking intermediary unless otherwise expressly agreed. The Guest remains responsible for complying with these Booking Conditions. Payments, amendments, cancellations and communications made through a Travel Agent shall be deemed to have been made by or on behalf of the Guest.
If the Guest makes a payment to a Travel Agent, such payment will not be regarded as having been received by Bhaya Cruises until the Travel Agent has transferred the payment to Bhaya Cruises. Bhaya Cruises is not responsible for any failure or delay by a Travel Agent in forwarding the Guest’s payment or Booking information.
3.1. Payment forms: Payments can be made by cash, bank transfer, and major credit cards.
Credit card payment will be processed via the Secured OnePAY Payment Gateway upon confirmation.
3.2. Payment obligation: Payment for the Booking must be made no later than the due date specified in the Booking Confirmation, unless otherwise agreed in writing by Bhaya Cruises.
In case a Booking Confirmation is issued upon payment of a Deposit, the remaining balance must be paid in full no later than forty-five (45) days prior to the scheduled departure date, unless otherwise agreed in writing by Bhaya Cruises or stated otherwise in the Booking Confirmation.
Failure to pay any necessary amount by the applicable due date will constitute a material breach of the Contract. Bhaya Cruises will send the Guest one (01) written reminder upon due date passing. If payment in full is not received within 24 hours of such reminder, the Booking shall be automatically deemed cancelled by the Guest, and Bhaya Cruises reserves the right to release the reservation from its system, terminate all related obligations, and apply the applicable cancellation policy.
3.3. Prices: Unless otherwise stated, all prices are quoted on the Website or Booking Confirmation and include the services expressly described therein.
Prices do not include items that are not expressly stated to be included in the price, including but not limited to travel insurance, visas, transportation to or from the embarkation point, personal expenses, beverages not included in the cruise package, gratuities (where applicable), and any other services not expressly included.
3.4. Taxes and Charges: Quoted Prices include applicable taxes, attraction’s entrance fees and compulsory service charges in effect on the date of booking.
If any government tax, port charge, fuel surcharge or other mandatory levy is introduced or increased after the Booking Confirmation is issued, Bhaya Cruises reserves the right to adjust the price accordingly. Price adjustment mechanism is specified in Clause 3.7. below.
3.5 Currency: Payments shall be made in the currency specified by Bhaya Cruises.
Where Bhaya Cruises accepts payment in another currency, the exchange rate shall be determined by the applicable payment provider or financial institution at the time of processing.
Bhaya Cruises shall not be responsible for any exchange rate differences, bank charges or payment processing fees imposed by third parties.
3.6. Credit Card and Banking Charges: All bank charges, credit card processing fees or currency conversion fees charged by the Guest's bank or payment provider shall be borne by the Guest.
3.7. Price Adjustments: Bhaya Cruises makes every reasonable effort to ensure that all published prices are accurate. However, Bhaya Cruises reserves the right to correct any pricing errors or typographical errors before issuing the Booking Confirmation.
Bhaya Cruises may also adjust the price after the Booking Confirmation has been issued, including after full payment has been received, if a Booking is made based on an incorrect price or any mandatory or third-party costs beyond Bhaya Cruises' reasonable control increases by more than ten per cent (10%) compared to the amount applicable on the Booking Confirmation date. Such costs include, without limitation, government taxes and fees, port charges, fuel surcharges, entrance fees, exchange rate fluctuations, and other compulsory charges.
Bhaya Cruises will notify the Guest of any price adjustment within two (2) Business Days of the decision. The Guest may either:
(a) accept the revised price and pay the applicable difference; or
(b) cancel the Booking and receive a refund of all amounts paid, less any applicable deductions in accordance with Clause 5.6 but without the application of any cancellation charge.
4.1. Amendment Requests: Any request to amend a Booking must be submitted in writing to Bhaya Cruises. All amendment requests are subject to availability and must be confirmed in writing by Bhaya Cruises. All amendments are only effective when confirmed by Bhaya Cruises. Any amendments or changes may be subject to additional costs incurred to Bhaya Cruises to accommodate such changes and any costs or fees incurred or imposed by any of our suppliers.
4.2. Change of Departure Date:
4.2.1. Flexible Rate: Where a Booking is made under a flexible rate, the Guest may request up to three (3) changes of departure date free of charge, provided such request is made more than twenty-one (21) days before the then-scheduled departure date and is subject to availability. From the fourth such request onward, Bhaya Cruises may charge an amendment fee and/or the difference (if any) between the original Booking price and the public rate applicable to the new departure date at the time of the request
4.2.2. Other rates:
Where a Booking is made under a rate plan, promotion or special offer that does not itself specify a date-change condition, the Guest may request one (1) change of departure date, subject to availability. Bhaya Cruises may charge the difference (if any) between the original Booking price and the public rate applicable to the new departure date at the time of the request, to be confirmed by Bhaya Cruises on a case-by-case basis.
Where a rate plan, promotion or special offer has its own date-change terms under Clause 7 - Promotion, Special Offers, those terms apply instead of this Clause 4.2.
4.2.3. Request made within 21 days of the scheduled departure date: Requests made within twenty-one (21) days of the scheduled departure date will be considered on a case-by-case basis and may be subject to additional charges.
4.3. Inability to Accommodate Amendments: If Bhaya Cruises is unable to accommodate the requested amendment or the Guest refuses to pay for any applicable fee as a result of such requested amendment and the Guest does not proceed with the original Booking, the amended Booking shall be treated as a cancellation by the Guest, and the cancellation policy set out in Clause 5 shall apply.
5.1. Cancellation Requests: All Booking cancellation requests must be submitted in writing to Bhaya Cruises or, where the Booking was made through a Travel Agent, through the original booking channel.
A Booking cancellation takes effect only when received and confirmed in writing by Bhaya Cruises. If a cancellation request is received outside Bhaya Cruises' business hours, it will be deemed received on the next business day.
5.2. Applicable cancellation policy: Cancellation policy applicable to a Booking depends on the selected rate plan and/or promotion period or special offer at the time of Booking (Last Minute, Early Bird, etc.). Unless otherwise stated in the applicable promotion or Booking Confirmation, the Standard Cancellation Policy shall apply.
5.3. No-Show: A Guest who fails to arrive at the designated embarkation point by the required check-in time shall be deemed a No-Show.
No refund shall be payable for any unused Cruise or services resulting from the Guest's late arrival, missed transportation, visa issues, immigration requirements or any circumstances attributable to the Guest.
5.4. Standard Cancellation Policy
- Sharing (Joined in) Cruises
| Cancellation Conditions | 1-4 cabin nights | From 5 cabin nights |
| 28 – 15 days prior to cruise date | 30% of total charge | 50% of total charge |
| 14 – 8 days prior to cruise date | 60% of total charge | 80% of total charge |
| < 8 days prior to cruise date | 100% of total charge | 100% of total charge |
- Private (Charter) Cruises
| Cancellation Conditions | 1-4 cabin nights | From 5 cabin nights |
| 54 – 47 days prior to cruise date | 30% of total charge | 50% of total charge |
| 46 – 35 days prior to cruise date | 60% of total charge | 80% of total charge |
| < 35 days prior to cruise date | 100% of total charge | 100% of total charge |
5.5. Promotional Bookings cancellation policy: Please see Clause 7 - Promotion and Special Vouchers
5.6. Refund
5.6.1. General principles: Refund policy applicable to a Booking depends on the selected rate plan, promotion or special offer selected at the time of Booking. Unless otherwise expressly stated in the applicable promotional terms, the following general principles apply to all refunds.
Bhaya Cruises provides services as a unified, non-separable package. If any portion of the package (including but not limited to hotel stays, transfers, or tours or other services) has already been utilized by the Guest, a full refund of the total package price will not be applicable. The final refund amount in all cases will be calculated based on services provided and any applicable deductions under these Booking Conditions and must be confirmed in writing by Bhaya Cruises.
Once confirmed with Bhaya Cruises, the Guest will receive their refund via the same payment method used for the original transaction. Subject to normal bank processes, refunds are generally credited within 15-21 business days after approval by Bhaya Cruises.
Refunds are calculated based on the price specified in the Booking Confirmation and the actual amount paid by the Guest to Bhaya Cruises.
Where a refund is payable, Bhaya Cruises may deduct the following charges:
- Any applicable cancellation charges;
- Any non-refundable third-party costs actually incurred;
- The value of any standard, promotional, optional or complimentary services already used by the Guest;
- Any payment processing charged by third-party providers (see reference in the table below).
| Payment Method | Card/Service (%) | |
| Visa/Master/Others | AMEX | |
| Onepay | 3.85% | 2.9% |
| Directly via POS | 3.81% | 3.0% |
- Any other deductions permitted in this Booking Conditions and applicable law.
5.6.2. Promotional Rates and Special Vouchers: Bookings made under promotional rates, vouchers or special offers may be subject to additional or different payment, amendment, cancellation and refund conditions as specified in the applicable promotion and the Booking Confirmation. See more details in Clause 7 -Promotions and Special Offers.
The general refund principles set out in Clause 5.6.1 shall continue to apply unless expressly varied by the applicable promotional terms.
6.1. Right to cancel or change: Bhaya Cruises reserves the right to cancel, postpone, shorten, substitute or otherwise modify the Cruise, itinerary, vessel, accommodation, departure time, embarkation point or any other part of the Booking before departure where reasonably necessary due to:
(a) a Force Majeure Event;
(b) safety or security concerns;
(c) weather or navigation conditions;
(d) government or regulatory requirements;
(e) operational or technical reasons affecting the operation of the Cruise including but not limited to the minimum guest quotas not met, vessel breakdown, crew shortage; or
(f) any other circumstances beyond the reasonable control of Bhaya Cruises.
6.2. Cancellation by Bhaya
If Bhaya Cruises cancels the Cruise before departure or makes a Major Change before departure for any other reason other than cancellation by the Guest or breach of this Contract by the Guest, Bhaya Cruises will notify the Guest as soon as reasonably practicable after becoming aware of the Major Change or the decision to cancel.
Unless Bhaya Cruises’ cancellation results from cancellation by the Guest, breach of this Contract by the Guest or a Force Majeure Event, the Guest may elect to:
(a) accept a revised Booking, including any alternative departure date, substitute Cruise, substitute vessel of substantially equivalent standard or revised itinerary offered by Bhaya Cruises, subject to any applicable price adjustment; or
(b) receive travel credits applicable for future Booking with Bhaya Cruises;
(c) cancel the Booking and receive a refund of the amount paid to Bhaya Cruises for the affected Booking, calculated in accordance with Clause 5.6.
These remedies shall constitute the Guest's sole and exclusive remedy.
The Guest must notify Bhaya Cruises of its election within the period specified in Bhaya Cruises' notice. If the Guest fails to respond within that period, the Guest shall be deemed to have chosen to cancel the Booking and receive a refund per paragraph (c) above.
Except as expressly provided in this Clause or otherwise required by applicable law, Bhaya Cruises shall have no further liability arising from the cancellation or any Major Change and shall not be responsible for any indirect or consequential loss, or for any costs or expenses relating to travel arrangements booked independently by the Guest, including without limitation flights, hotels, transfers, visas, travel insurance, parking, meals or other incidental expenses.
6.3. Minor changes: Bhaya Cruises may make changes to the Cruise itinerary, schedule, cabin, accommodation, services or facilities before or during the Cruise where reasonably necessary. Unless the change constitutes a Major Change, such changes shall not constitute a breach of the Contract and shall not entitle the Guest to cancel the Booking, request any refund or claim compensation.
6.4. Vessel Substitution:
6.4.1. Complimentary Upgrade: Bhaya Cruises may, at its discretion, offer the Guest a complimentary substitution to another vessel within the Bhaya Cruises fleet of a higher standard than originally booked. Such a substitution does not constitute a Major Change and does not entitle the Guest to cancel the Booking, request a refund or claim compensation, unless the Guest declines the offer, in which case the original Booking continues unchanged.
6.4.2. Substitution to a Comparable Vessel: Where Bhaya Cruises cannot operate the Cruise on the vessel specified in the Booking Confirmation and instead offers a different vessel of comparable price and service standard, such substitution constitutes a Major Change and Clause 6.2 applies. Bhaya Cruises will notify the Guest in writing in writing within five (5) business days or within a reasonable period of time from the decision to substitute a vessel.
6.5. Limitation: Subject to applicable law, Bhaya Cruises shall not be liable for any indirect or consequential loss arising from the cancellation or amendment to a Cruise, including but not limited to airfare, accommodation, visa costs, insurance, meals or other travel arrangements booked independently by the Guest.
7.1. General principles: Promotional rates and special offers are subject to availability and may be limited in quantity. Availability will be confirmed in the Booking Confirmation or other written communication issued by Bhaya Cruises. Where any promotional terms differ from these Booking Conditions, the promotional terms shall prevail to the extent of any inconsistency.
Unless otherwise expressly stated, promotional rates, discounts, complimentary services and other promotional benefits are personal to the Guest, are non-transferable, may not be combined with other promotions, and cannot be exchanged for cash, credit or alternative services.
7.2. Promotional Booking cancellation policy:
Promotional fares, discounted bookings, vouchers, complimentary benefits or special offers may be non-refundable or subject to separate cancellation conditions. Where a promotional rate or special offer is subject to different cancellation or other booking terms, those terms shall prevail over the Standard Cancellation Policy and any inconsistent provisions of these Booking Conditions. All other provisions in this Booking Conditions remain in full effect.
7.2.1. Promotional Rate with non-refundable deposit cancellation policy
This cancellation policy applies to Booking under a promotional rate or campaign that the Booking Confirmation identifies as requiring a non-refundable deposit. The Guest must pay the deposit specified in the Booking Confirmation. The deposit becomes non-refundable upon issuance of the Booking Confirmation and is retained by Bhaya Cruises in full upon any cancellation by the Guest, regardless of when the cancellation is made.
Any remaining balance (if any) already paid is subject to cancellation charges calculated as a percentage of the total Booking value according to the cancellation timeframes specified in the Booking Confirmation for the applicable promotion.
Guests may request only one (1) reschedule of the cruise date, provided the request is made within the timeframe specified in the applicable rate policy. After the first date change has been confirmed by Bhaya Cruises, no further amendment requests will be accepted. Any subsequent cancellation or failure to travel will be treated as a cancellation by the Guest, and no refund shall be payable.
Rescheduling is subject to real-time availability and applicable terms and conditions. The new cruise date must fall within the eligible travel period, and any price difference for the new cruise date will apply. No refund will be provided if the new cruise date has a lower rate. If the new cruise date incurs a surcharge and the guest declines to pay, the original booking will remain unchanged.
Special offers and promotional benefits are non-transferable and may not apply if the new cruise date falls outside the applicable promotional period.
7.2.2. Other promotional rates: Bhaya Cruises may offer promotional rates or special offers with specific payment, amendment, cancellation, refund or other booking conditions. By making a Booking under such promotion, the Guest agrees to be bound by the applicable promotional terms, which shall prevail over any inconsistent provisions of these Booking Conditions.
7.3. Promotional Booking Refund policy
Where a Booking is made under a promotional rate or special offer, any applicable payment, amendment, cancellation and refund conditions specified for that promotion shall apply. Unless expressly varied by the applicable promotional terms, the general refund principles set out in Clause 5.6.1 shall continue to apply.
Unless otherwise specified, any promotional benefits that are not used by the Guest are deemed forfeited, have no cash value and are not refundable, exchangeable, redeemable for cash, credit or other services.
If a Force Majeure Event prevents the Guest from using the special offer inclusions or the entire package, the refund is strictly limited to the actual amount paid to Bhaya Cruises and will be calculated in accordance with Clause 5.6.1. Special, exclusive or promotional benefits outside of standard cruise inclusions are complimentary and hold no cash value and therefore, not eligible for any refund, credit, or cash compensation.
Where the Guest has used any promotional benefits before the Booking is cancelled, including as a result of a Force Majeure Event, a full refund of the package price is not applicable. The refund will be calculated after deduction of standard market value of these services at the time of use and any applicable deductions under Clause 5.6.1.
8.1. Where a Force Majeure Event prevents or materially affects the performance of the Contract, Bhaya Cruises may suspend, postpone, modify, shorten the duration of or cancel the Cruise without liability, except as expressly provided in these Booking Conditions or required by applicable law. Neither party shall be liable to the other for any failure or delay in performing its obligations under the Contract to the extent such failure or delay results from a Force Majeure Event.
8.2. A Guest may terminate the Contract on grounds of a Force Majeure Event only where a competent government authority has issued a binding order, in force and publicly announced at least twenty-four (24) hours before the Cruise's scheduled departure time, that either (a) prohibits entry into Vietnam by persons of the Guest's nationality or point of origin, or (b) prohibits international departure from the Guest's country of habitual residence due to war or a declared pandemic or public health emergency and that order directly prevents the Guest from reaching the Cruise's embarkation point. A Guest may not invoke force majeure for any other reason, including illness, injury, pregnancy, a missed or cancelled flight or connecting transport, a visa refusal or immigration issue, or a travel advisory falling short of a binding order - these are instead governed by Clause 5 - Cancellation by Guest and Clause 11 - Medical Fitness.
8.3. A Guest relying on Clause 8.2. to terminate the Contract must notify Bhaya Cruises in writing without undue delay and provide documentary evidence reasonably satisfactory to Bhaya Cruises demonstrating both the occurrence of the Force Majeure Event and its direct impact on the Guest's ability to perform the Contract. If the Guest fails to provide the requested evidence within ten (10) business days from the occurrence of the Force Majeure Event or any other period reasonably specified by Bhaya Cruises, the request shall be treated as a cancellation by the Guest in accordance with Clause 5.
8.4. Where the Contract is terminated under this Clause, Bhaya Cruises may, at its discretion:
(a) issue travel credits equal to the amount paid by the Guest to Bhaya Cruises, less any deductions specified under Clause 5.6, to be used towards a future Booking with Bhaya Cruises within the validity period specified by Bhaya Cruises;
(b) offer an alternative Cruise or departure date, subject to availability and any applicable fare difference; or
(c) refund any amount payable in accordance with Clause 5.6.
Guests must comply with all applicable laws, these Booking Conditions, and all lawful instructions given by Bhaya Cruises, the Master, crew members and other authorized personnel in relation to the safety, security and operation of the Cruise.
Bhaya Cruises has the right to terminate the Contract and refuse boarding or require a Guest to leave the vessel at any time where the Guest:
(a) endangers or is likely to endanger the safety, health or comfort of any person on board;
(b) behaves in a violent, abusive or disruptive manner;
(c) is under the influence of alcohol or drugs or any other substance to an extent that may affect the safety or operation of the Cruise;
(d) fails to comply with the applicable law and/or any lawful instruction of Bhaya Cruises, the Master, crew members or competent authorities;
(e) causes or is likely to cause damage to the vessel or any property; or
(f) otherwise commits a material breach of the Contract.
The Contract shall be considered terminated by the Guest if the Guest commits any of the acts referred to above. No refund or compensation shall be payable, and Bhaya Cruises shall have no further obligation to provide any unused Cruise services.
The Guest shall be liable for and shall compensate Bhaya Cruises for any loss, damage, liability, fine, penalty, cost or expense (including reasonable legal costs) incurred by Bhaya Cruises arising from or in connection with the Guest's conduct or breach of the Contract.
Bhaya Cruise Co., Ltd maintains civil liability insurance in accordance with current Vietnam Laws and regulations. We strongly recommend all passengers purchase their own appropriate insurance before departing for Vietnam and before their trip on Bhaya Cruises.
Guests are responsible for ensuring that they are medically fit to participate in the Cruise. Prior to the Booking Confirmation being issued, Guests must inform Bhaya Cruises of any medical condition, disability, reduced mobility, pregnancy, allergies or special assistance requirement that may affect their ability to participate in the Cruise or may require special assistance. The Guest warrants that all medical information provided to Bhaya Cruises is complete, accurate and not misleading.
Bhaya Cruises reserves the right to refuse boarding where, acting reasonably, it considers that the Guest's condition may endanger the Guest, other passengers, the crew or the safe operation of the Cruise.
Bhaya Cruises shall not be responsible for any injury, illness, loss, damage, expense or other consequences arising from any medical condition, disability or special assistance requirement that was not disclosed to Bhaya Cruises before the Booking Confirmation was issued.
Bhaya Cruises does not provide medical services on board and is not responsible for any medical treatment, evacuation or related services arranged ashore or by independent medical providers. Passengers must be responsible for paying all costs and fees for medical services, treatment and medicine. Bhaya Cruises will not bear any legal responsibility or any costs incurred related to medical services or quality of care that Guest receives.
Participation in excursions and activities, including but not limited to kayaking, swimming, hiking, cycling, fishing, cave visits and other recreational activities offered during the Cruise, is voluntary and undertaken at the Guest's own risk. The Guest is responsible for ensuring that they are physically fit and capable of participating in the relevant activity.
Guests must comply with all safety instructions, operating procedures and directions given by Bhaya Cruises, its crew, activity guides or any third-party operators. Bhaya Cruises reserves the right to refuse a Guest's participation in any activity where, acting reasonably, it considers that participation may endanger the Guest, other passengers, the crew or the safe operation of the Cruise.
The Guest acknowledges that such excursions and activities involve inherent risks, including risks arising from weather, sea and water conditions, natural terrain, wildlife, equipment failure not caused by Bhaya Cruises, or the Guest's own acts or omissions.
Where an excursion or activity is operated by an independent third-party provider, such provider shall be solely responsible for the operation of that activity and any liability arising from it, subject to applicable law.
Bhaya Cruises' liability arising from or in connection with any excursion or activity shall be subject to Clause 18 - Limitation of Liability.
Additional or different Booking Conditions may apply to private charter Cruises.
To the extent of any inconsistency, the charter agreement or Booking Confirmation for the charter Cruise shall prevail over these Booking Conditions.
Unless otherwise agreed in writing, these Booking Conditions continue to apply to matters not specifically addressed in the charter agreement.
Bhaya Cruises operates a corkage policy, ie. all outside food and beverages are not permitted onboard, save that any Guests who wishes to consume food and/or beverages brought from outside will be charged a corkage fee set out in the price list available at reception. Bhaya Cruises reserves the right to decline to serve or confiscate any items where consumption may affect the safety or comfort of other Guests or crew members.
Where a Guest brings their own food or beverages (including alcohol) on board under this corkage policy, the Guest acknowledges that Bhaya Cruises has not sourced, tested or verified their quality, authenticity or safety, and consumes them entirely at their own risk. To the fullest extent permitted by applicable law, Bhaya Cruises is not liable for any illness, injury or other loss arising from such consumption. Bhaya Cruises may require a signed acknowledgement of this Clause before serving or storing any outside item, and may refuse to serve or store anything reasonably suspected to be unsafe, counterfeit or adulterated.
The maximum occupancy of each cabin or suite shall be as specified by Bhaya Cruises and, unless otherwise stated in the Booking Confirmation, shall not exceed two (2) Adults and one (1) Child under twelve (12) years of age for each cabin or suite. Where the number of Guests exceeds the maximum permitted occupancy, Bhaya Cruises may, at its discretion, require the Guest to pay additional charges, book an additional cabin or, if this is not possible or accepted by the Guest, cancel the Booking in accordance with these Booking Conditions.
Children must be accompanied and adequately supervised at all times by a parent, legal guardian or other responsible adult. Bhaya Cruises does not provide childcare or babysitting services.
Unless otherwise specified in the applicable rate plan, promotion or Booking Confirmation:
(a) children under five (5) years of age travel free of charge;
(b) children aged six (6) to eleven (11) years sharing a cabin or suite with adult(s) shall be charged at the applicable child rate notified at the time of Booking, with a maximum of one (1) additional Child permitted per cabin or suite. Extra mattress is available upon request and may be subject to separate additional charges;
(c) two (2) children under twelve (12) years of age occupy a private cabin or suite, each child shall be charged seventy-five per cent (75%) of the applicable adult rate;
(d) Guests aged twelve (12) years and above are charged at the applicable adult rate.
The availability of extra mattresses, cots or other bedding arrangements is subject to cabin configuration, operational requirements and availability, and cannot be guaranteed unless confirmed by Bhaya Cruises in writing prior to the departure date.
Certain excursions, activities or facilities may be subject to minimum age, height, health or safety requirements. Bhaya Cruises reserves the right to refuse participation where such requirements are not met or where participation may endanger the Guest or any other person.
Bhaya Cruises may request documentary proof of a Child's age at any time before or during the Cruise. Where satisfactory proof is not provided, Bhaya Cruises may apply the applicable adult fare or require the Booking to be amended to comply with this Clause.
Guests are responsible for their own baggage, valuables and personal belongings at all times and are encouraged to obtain appropriate travel insurance covering loss of or damage to personal property.
Each Guest may bring only such baggage as is reasonable for the duration of the Cruise and suitable for carriage on board. Bhaya Cruises reserves the right to refuse carriage of any baggage that, in its reasonable opinion, is excessive in size or weight or may affect the safety, security or operation of the vessel.
The following items are prohibited on board unless expressly authorized by Bhaya Cruises: firearms, ammunition, explosives, flammable or hazardous substances, illegal drugs, dangerous goods, fireworks, corrosive or toxic materials, drones, or any other item which may endanger the vessel, its passengers, crew or property or which is prohibited by applicable law or the requirements of competent authorities.
Bhaya Cruises may inspect any baggage, package or personal belongings brought on board where reasonably necessary for safety, security or compliance with applicable laws or the requirements of competent authorities. Guests who refuse such inspection may be denied boarding or required to leave the vessel without refund or compensation. The Guest’s Booking will be cancelled immediately upon the Guest’s refusal for inspection.
Guests should not place cash, jewellery, watches, passports, travel documents, electronic devices or other valuables in checked baggage or leave such items unattended. Where facilities for safekeeping are provided on board, Guests are strongly encouraged to use them.
To the fullest extent permitted by applicable law, Bhaya Cruises shall not be liable for the loss of or damage to the Guest's baggage, valuables or personal belongings unless such loss or damage results directly from the negligence or willful misconduct of Bhaya Cruises. In any event, Bhaya Cruises' liability for loss of or damage to baggage or personal property shall not exceed USD 300 per Guest, unless a higher amount is required by applicable law.
Bhaya Cruises may remove, confiscate or dispose of any prohibited or unsafe item brought on board where reasonably necessary to protect the safety or security of the vessel, its passengers or crew, without liability to the Guest, unless otherwise required by applicable law.
Guests shall compensate Bhaya Cruises against any loss, damage, liability, fine, penalty or expense arising from the Guest bringing prohibited or undeclared items on board or from any breach of this Clause.
17.1. Accuracy and authority: By making a Booking, the Guest confirms that all Personal Information provided to Bhaya Cruises is accurate, and that the Guest has obtained all necessary consents from each other person included in the Booking for Bhaya Cruises to collect, use, process, store and disclose their Personal Information as set out in Clause 17.2.
17.2. Purposes of collection and processing: Bhaya Cruises collects and processes Personal Information for the purposes of processing the Booking and performing the Contract, providing the Cruise and related services, ensuring the safety and security of Guests, crew members and the vessel, handling payments, reporting Guests’ information to the port or waterway authorities, complying with requests from the competent authorities and complying with applicable law.
17.3. Sensitive Information: Certain categories of Personal Information constitute sensitive personal data under the applicable law including health and medical information, disability and accessibility requirements, biometric data, and identification, passport and visa information. Where the Guest shares such sensitive information with Bhaya Cruises (including under Clause 11 - Medical Fitness), the Guest is also providing a separate consent for Bhaya Cruises to collect, use, process, store and disclose such information for the purpose set out in Clause 17.2.
17.4. Children's data: Where Personal Information (including sensitive Personal Information) relating to a Guest under 16 years of age is provided, Bhaya Cruises will treat this as also requiring the consent of that child's parent or legal guardian, which the adult Guest making the Booking warrants they hold.
17.5. Disclosure to third parties: The Guest acknowledges and agrees that Bhaya Cruises may disclose Personal Information, where reasonably necessary for the purposes in Clause 17.2, to its affiliated companies, Travel Agents, payment service providers, hotels, transportation providers, excursion operators, insurers, medical providers, professional advisers, and competent authorities.
17.6. Overseas Transfers: If any Guest’s Personal Information must be transferred overseas for the purposes set out in Clause 17.2, Bhaya Cruises will only make such transfer with the Guest's consent and in compliance with the applicable law.
17.7. Guest Rights: The Guest may at any time ask Bhaya Cruises to provide access to, correct, or delete their information, or withdraw consent. Withdrawing consent does not affect anything done with the Guest's information before that point.
17.8. Timing of information: The Guest shall provide, or procure the provision of, all Personal Information and travel documentation reasonably requested by Bhaya Cruises no later than seven (7) days before the scheduled departure date, or within such other period as Bhaya Cruises may reasonably specify. Where a Booking is made through a Travel Agent, the Travel Agent shall be responsible for collecting and providing such information within the required timeframe.
17.9. Consequences of non-provision or withdrawal: If the Guest (or Travel Agent) fails to provide required information, provides incomplete or inaccurate information, or withdraws a consent that is necessary for Bhaya Cruises to perform the Contract or comply with applicable law, Bhaya Cruises may decline to accept the Booking, refuse boarding, decline to provide all or part of the Cruise services, or cancel the Booking in accordance with these Booking Conditions. Bhaya Cruises shall not be liable for any resulting loss, delay, additional cost or inability to perform the Contract.
17.10. Marketing: Bhaya Cruises will send marketing communications about future cruises, promotions and events only with the Guest's separate, opt-in consent. The Guest may withdraw this consent at any time, without affecting processing necessary for the performance of the Contract or compliance with applicable law.
17.11. Security and breach notification: Bhaya Cruises will implement reasonable technical and organizational measures to protect Personal Information against unauthorized access, use, disclosure, alteration or destruction, and will notify the competent authority and affected Guests of any data breach within the timeframe required by the applicable law.
17.12. Retention: Bhaya Cruises will retain Personal Information only for as long as necessary to fulfil the purposes in Clause 17.2 or as required by applicable law, after which it will be deleted or anonymized.
To the fullest extent permitted by applicable law, Bhaya Cruises shall not be liable for any loss, damage, injury, illness, death, delay, expense or inconvenience arising from or in connection with:
(a) any Force Majeure Event;
(b) any cancellation, delay, itinerary change or operational decision made in accordance with these Booking Conditions or pursuant to the directions of a competent authority;
(c) any act, omission, negligence, misconduct or failure of the Guest to comply with these Booking Conditions or any lawful instructions given by Bhaya Cruises, the Master, crew members or competent authorities;
(d) the Guest's participation in any excursions or activities involving inherent risks, except to the extent directly caused by the negligence or willful misconduct of Bhaya Cruises;
(e) any act or omission of an independent third-party service provider, including transportation providers, excursion operators or other suppliers;
(f) emotional distress, mental anguish or psychological injury, unless such injury results directly from the negligence or willful misconduct of Bhaya Cruises;
(g) subject to these Booking Conditions, loss of or damage to baggage, valuables personal belongings unless such loss or damage results directly from the negligence or willful misconduct of Bhaya Cruises and;
(h) any indirect, incidental, consequential, special or punitive loss or damage, including loss of enjoyment, loss of opportunity, loss of profits or business interruption; or
(i) flights, accommodation, transfers, visas, travel insurance or any other travel arrangements not supplied by Bhaya Cruises.
Where Bhaya Cruises is liable to the Guest, its total aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, shall not exceed the total price actually paid by the Guest for the affected Booking.
Nothing in these Booking Conditions excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
19.1. The Contract may be terminated:
(a) the Guest cancels the Booking in accordance with Clause 5 - Cancellation by Guest;
(b) Bhaya Cruises cancels the Booking in accordance with these Booking Conditions, including under Clause 6 - Cancellation or Amendment by Bhaya, Clause 9 - Guest Conduct, Clause 11 - Medical Fitness, Clause 15 - Occupancy & Children Policy, Clause 16 - Baggage and Restricted Items, Clause 17 - Privacy & Personal Data or any other provision entitling Bhaya Cruises to cancel the Booking:
(c) either party terminates the Contract in accordance with Clause 8 - Force Majeure;
(d) either party commits a material breach of the Contract which entitles the other party to terminate the Contract under these Booking Conditions or applicable law; or
(e) the parties mutually agree in writing to terminate the Contract.
19.2. Upon termination:
(a) all rights and obligations of the parties shall cease, except those which by their nature or express terms are intended to survive termination, including provisions relating to payment, cancellation charges, refunds, indemnities, limitation of liability, dispute resolution and accrued rights;
(b) all amounts accrued or otherwise payable by either party under the Contract shall become immediately due and payable, without prejudice to any refund entitlement arising under these Booking Conditions; and
(c) termination shall not affect any rights, remedies or liabilities accrued before the effective date of termination.
19.3. Termination of the Contract shall not affect any rights, remedies or liabilities that accrued before the effective date of termination.
20.1. Each party shall be responsible for any direct loss or damage suffered by the other party arising from its breach of the Contract, subject to these Booking Conditions and applicable law.
20.2. Where the Guest breaches the Contract, including by failing to comply with these Booking Conditions, providing inaccurate information, failing to make payment, damaging property, engaging in misconduct or causing Bhaya Cruises to incur any loss, liability, fine, penalty, claim or expense, the Guest shall indemnify and compensate Bhaya Cruises for all reasonable losses, costs and expenses directly arising from such breach.
20.3. Where Bhaya Cruises is liable to the Guest under the Contract, the Guest's sole remedies shall be those expressly provided in these Booking Conditions or otherwise required by applicable law. Please refer to Clause 18 - Limitation of liability for more details.
20.4. Any compensation payable by Bhaya Cruises shall be reduced to the extent that the loss or damage resulted from the Guest's own act, omission, negligence or failure to mitigate its loss.
The Contract and these Booking Conditions shall be governed by the laws of the Socialist Republic of Vietnam.
The parties shall endeavor to resolve any dispute arising out of or in connection with the Contract through good faith negotiations. Any dispute arising out of or in connection with this Contract shall be submitted to the competent courts of Vietnam, which shall have exclusive jurisdiction.
Bhaya Cruises may amend these Booking Conditions from time to time. Any amendment shall apply only to Bookings made after the amended Booking Conditions become effective, unless otherwise required by applicable law.
No amendment or variation of the Contract shall be effective unless confirmed in writing by Bhaya Cruises.
23.1. Any notice, approval, confirmation or other communication by Bhaya Cruises under these Booking Conditions may be given by email from an official Bhaya Cruises email address using the domain @bhayacruises.com or @bhayagroup.com.
23.2. Any notice or request by the Guest shall be made in writing and sent to the official contact details published by Bhaya Cruises or specified in the Booking Confirmation.
23.3. The Guest is responsible for ensuring that the contact details provided to Bhaya Cruises are accurate and up to date. Notices sent by Bhaya Cruises to the email address provided by the Guest shall be deemed duly received unless Bhaya Cruises receives notice of delivery failure.
23.4. The Guest agrees that the Contract may be concluded electronically and that the Booking Confirmation, these Booking Conditions and any notices or communications sent electronically shall satisfy any legal requirement for communications to be in writing.
If any provision of these Booking Conditions is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable or, if modification is not possible, severed from these Booking Conditions. The remaining provisions shall continue in full force and effect.
No failure or delay by either party in exercising any right or remedy under the Contract shall constitute a waiver of that right or remedy. Any waiver shall be effective only if made expressly in writing and shall apply only to the specific matter for which it is given.
The Contract constitutes the entire agreement between the Guest and Bhaya Cruises in relation to the Booking and supersedes all prior discussions, correspondence, representations or understandings relating to the subject matter of the Contract, except in the case of fraud or where otherwise required by applicable law.
The Contract consists of: (a) the Booking Confirmation; (b) these Booking Conditions; and (c) any document expressly incorporated by reference in the Booking Confirmation. In the event of any inconsistency, the Booking Confirmation shall prevail unless it expressly provides otherwise.
