The following Terms of Service (“Terms of Use”) apply to all Guests and Partners who use or book services at Properties and resorts that belong to the StaynFun brand, and at other brands owned, managed and/or launched by StaynFun in the future (“Property”). 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 StaynFun, they have read and accepted the brand’s Terms of Use (“TOU”), General Regulations (“GR”), and future changes to the TOU and GR on these website https://staynfun.vinpearl.com/en/terms-service (“The Website”), as well as policies regarding service provision and quotes announced and provided by StaynFun. 

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

ARTICLE 1. DEFINITIONS. 

1.1. “StaynFun” refers to StaynFun Joint Stock Company, affiliated companies of StaynFun Joint Stock Company, and the branches, representative offices, business locations and affiliated companies of StaynFun that are established nationwide at different points in time. 

1.2. “Partner” refers to travel agencies/travel companies/businesses/organizations, or individuals that have signed the contract with StaynFun. 

1.3. “Guest” refers to individuals who purchase StaynFun’s services for direct consumption, not for resale to other individuals or organizations.

1.4.  “A” refers to Adults. “C” refers to Children.

1.5. “B2B” is a commercial transaction conducted between one business and another (without the participation of individual customers).

1.6.   “B2C” is a commercial transaction between a business and an individual consumer.  

1.7. “Public Price” is the room rate and service price listed at the Property and at StaynFun’s website www.StaynFun.vinpearl.com. Room rates may change depending on the day.

1.8. “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.

1.9. “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 StaynFun from time to time:

1.10. “Room Package” is the common name for the following Booking Requests and/or any new service packages announced by StaynFun: 

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

1.12. “Free Independent Traveler” 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.

1.13. “Group Independent Travel” refers to a group of guests with the number of rooms booked of 10 rooms/night or more.

1.14. “Group Series” refers to at least 03 “Group Independent Travel” or more with the same schedule.

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

1.16. “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, StaynFun 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.

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

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

1.19. “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.

1.20. “Group Contract” refers to StaynFun’s confirmation of the Group Independent Travel/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.

1.21. “Confirmation Letter” refers to StaynFun’s confirmation of the Free Independent Travelers/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 StaynFun 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 StaynFun 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 Published Price to Property 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 www.StaynFun.vinpearl.com. Please find your valid code on your confirmation letter or present it to Customer Service 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

3.1.  Check-in and check-out time:

Unless otherwise stated and/or confirmed by the Property, 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 Property, 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:

(i) StaynFun’s Public Rate if the Guests pay early check-in/late check-out fee by their own account.

(ii)The price listed on the contract/agreement between StaynFun and the Partner if the Partner would cover early check-in/late check-out fee.

ARTICLE 4. BOOKING POLICIES

4.1. All Service Requests, Guests/ Partners’ Booking List must be sent to StaynFun in the form of emails or in physical documents prior to the check-in time.

4.2.  In the case when the Agent books villas for 1 group or many different groups of Guests, the Partner must ensure that:

4.2.1. The Price Package is set for 02 adults in 01 Property room/bedroom villa, if not otherwise mentioned in the Appendix about room rates.

4.2.2. 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.

4.2.3.  Vinpearl is not responsible for resolving conflicts/disputes between Guests who share a villa.

4.3. Reservation contact: see detailed information in the Appendix 1.

4.4. Regulations on accommodation:

4.4.1 The maximum number of Guests per Property room (except for special cases) is applied as follows:

a. The maximum number of Guests in 01-bed room is 04 people, including children under 4 years old.

b. The maximum number of Guests in 02-bed room is 06 people, including children under 4 years old.

c. The maximum number of Guests in 03-bed room is 08 people, including children under 4 years old.

d. No extra bed allowed in Property room.

e. Additional charges are applied for children from 4 to under 12 years old, and for Guests from 12 years old.

4.5. Special circumstances: in special cases (including, but not limited to force majeure events and Property renovation & repair activities), StaynFun reserves the right to relocate Guests to other rooms/Propertys of the same standards as the previous rooms/Propertys.

4.6.  Information provided to the Property:

4.6.1 Information provided prior to the day of arrival:

a. To receive the best services from the Property and ensure their security, the Guests/Partners should provide the Customer Service Department with the following information:

(i) 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):

• Free Independent Traveler: The information must be sent to the Customer Service 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 free cancellation deadline:

• Low season: 15 days
• High season: 7 days
• Peak season: At the time of booking

• Group Independent Traveler: For detailed information, see the contract.

(ii)  The expected arrival and/or departure time should be provided to the Property at least 05 03 days prior to the arrival date.

(iii) If the Guests/Partners fail to provide above necessary information to on time, StaynFun 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 StaynFun. In such cases, StaynFun will apply the Published Price at the Property 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.

(v) Other special requests, such as rooms on a high floor and adjacent rooms, ... will be confirmed subject to Property’s room availability at the time of check-in.

b. Change of information:

(i) Any changes to information regarding services that differs from the original Service Request should be sent to and confirmed by the Property Customer Service Department at least 03 days prior to the check-in date and no later than free cancellation date. If the change is not confirmed in advance, StaynFun reserves the right to take the following measures simultaneously:

• Apply the Published Price at the Property 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 surcharge in accordance with the Property’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 to StaynFun, or StaynFun reserves the right to deduct this amount from any payment made from the Partner to StaynFun.

 

4.6.2 Check-in procedures

a. Guests are required to provide and update their identification documents, passport and/or birth certificate, before check-in for registration purposes. The Property will keep a copy of these documents. In the event where the Guests are unable to provide their certificate or related documents, StaynFun reserves the right to release reservation and total room fee will be 100% charge with no payment be refunded.

b. By agreeing to purchase and use StaynFun’s services, Guests have allowed StaynFun to collect their personal information 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.

ARTICLE 5. VINPEARL’S PAYMENT ACCOUNT:

5.1. Unless paying by credit card, cash or otherwise agreed in written documents, Guests/Partners will pay directly to StaynFun’s accounts. See the list of accounts in Appendix 02.

5.2. Payment notes: (i) Name of Guests/Partners; (ii) Booking Code/ Event Code; (iii) Payment method (deposit, direct payment, ...)

5.3.  StaynFun 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 Property reserves the right to repair, renovate or upgrade/perform periodic maintenance programs to ensure the best conditions for its facilities. The Property 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. StaynFun 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

StaynFun, 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:

7.1.  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;

7.2. 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.

7.3. Unless otherwise agreed by StaynFun in writing, the Guests or Partners must perform their obligations under the Contract/Agreement 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 SECURITY

8.1. The Partners and StaynFun 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 StaynFun 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.

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

a. has been widely and publicly announced by the Receiving Party;

b. 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

c. 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

d. is required by a competent authority or by a court with appropriate jurisdiction over the Receiving Party.

8.3. 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 09. 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.

ARTICLE 10. TECHNICAL ERRORS

11.1. StaynFun will make every reasonable effort to maintain active operation of the e-commerce website StaynFun.vinpearl.com (“Website”). However, StaynFun 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.

11.2. 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"), StaynFun will make every reasonable effort to fix these issues as soon as possible.

11.3. StaynFun 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 StaynFun 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 StaynFun in maximum 45 working days.

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

APPENDIX 01: RESERVATION CONTACT

 

APPENDIX 02: PAYMENT ACCOUNTS