General Terms
General Terms
The following general terms and conditions (“T&C”) apply to all Guests and Partners who use or book services at businesses that belong to the Hoiana brand, and at other brands owned, managed and/or launched by Hoiana (if any) (“the Property”). Guest, Partner, and Hoiana are referred to individually as “Party”, and collectively as the “Parties”.
The Guests/Partners agree and acknowledge that upon their submission of reservation request to Hoiana for room bookings, events, and/or additional services (referred to collectively as “Service Request”) and upon receiving the confirmation from Hoiana that the Guests and Partners have read and accepted the T&C and its changes from time to time as posted on Hoiana’s official website at https://hoiana.com/ (“the Website”), as well as policies regarding service provision and quotes announced and provided by Hoiana from time to time.
The T&C is an integral part of any contract, agreement regarding service provision, service use, or Service Request submitted through the Website and confirmed between Hoiana and the Guests/ Partners (“Contract”).
Article 1. Definition
1.1. “Hoiana” refers to Hoi An South Development LTD, affiliated companies of Hoi An South Development LTD, and Hoiana’s branches, representative offices, business locations, and affiliated companies Hoiana association established nationwide from time to time.
1.2. “Partner” refers to travel agencies/travel companies/enterprises/organizations, or individuals that have signed a contract with Hoiana.
1.3. “Guest” refers to individuals who purchase Hoiana’s services for direct consumption, not for resale to other individuals or organizations.
1.4. “Single Guest” refers to a Guest or a group of Guests with a maximum number of bookings of 9 rooms/night or 9 apartments/night.
1.5. “Group Guest” refers to a group of guests with a reservation number of 9 rooms/night or more or 9 apartments/night or more and/or services (party, event, golf, and other services).
1.6. “Public Price” refers to the room rate, and service price listed at the Property and at the Website which may change from time to time.
1.7. “Room Package Rates” refers to the rates for overnight stays and services listed in the respective Room Packages.
1.8. “Services” include accommodation, food and beverage (F&B), golf, or other additional services provided by Hoiana from time to time.
1.9. “Voucher” refers to a card/vouch for the Service that exists in physical form or electronic data issued by Hoiana to acknowledge the right to use the Service for the Voucher holder. The use of Vouchers must comply with the T&C, relevant agreement on the provision of Vouchers, and the detailed regulations on each Voucher.
1.10. “Time to Voucher usage” refers to the time of check-in for the accommodation service or the time when the Guest requests to use/deduct the Voucher by any means at the Property, but must be before the time of invoices or payment slips issued.
1.11. “Working Day” refers to the day from Monday to Friday every week, excluding holidays and public holidays as prescribed by law.
Article 2. Voucher
Unless stated otherwise or Hoiana has a different policy, Guests using the physical Voucher or E-Voucher code must comply with the regulations of this T&C, as well as with other conditions specified in the relevant contracts, agreements regarding the Voucher provision, on the Voucher and/or service provision policies that correspond to the type of Voucher issued by Hoiana at the time of usage. The original voucher must be presented and then collected at the Time of Voucher Usage. In case of failure to present the eligible Voucher, the Guest must pay directly at the Public Price at the time of using the Service.
Article 3. Use of the Services
3.1. Accommodation Service
a. 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:
| Categories | Regulation | Notes |
|---|---|---|
|
Check-in time |
3 PM on the day of arrival |
|
|
Check-out time |
No later than 11:00 AM of the check-out date |
|
|
Early check-in fee before 3 PM |
100% of the purchased Room Rate |
Subject to the room availability and confirmations by Hoiana. These fees must be paid immediately upon confirmation by Hoiana. |
|
Late check-out fee from after 11 AM to 9 PM |
50% of the purchased Room Rate |
|
|
Late check-out fee from after 9 PM |
100% of the Room Rate |
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.
b. The above fees for early check-in/late check-out will be calculated according to
(i) Hoiana’s Public Rates (including promotional price or price policy if applicable at the time of payment) when the Guest pays Hoiana directly or
(ii) the contract/agreement price (including promotional price if applicable at the time of payment) between Hoiana and the Partner if the Partner is the paying party.
c. Hoiana will record the Guests’ information when registering for check-in for management. By agreeing to check in, the Guests are deemed to have been notified by Hoiana of this.
3.2. F&B Services
a. F&B services will be served on a first-come, first-served basis. The opening times and contact information for reservations for F&B Facilities are as set forth below.
| No. | Business Property | Opening time | Booking channels |
|---|---|---|---|
|
1 |
The Terrace |
07:00 AM - 11.00 PM |
Tel: +84 (0) 235 8586 688 Email: [email protected] |
|
2 |
The Edge |
11:00 AM - 11:00 PM |
Tel: +84 (0) 235 8586 688 Email: [email protected] |
|
3 |
Cove Bar and Grill |
10:00 AM – 09:00 PM |
Tel: +84 (0) 235 8586 688 Email: [email protected] |
|
4 |
Aroma |
11:00 AM – 11:00 PM |
Tel: +84 (0) 235 8586 688 Email: [email protected] |
|
5 |
Lucky Court |
11.00 AM – 10.00 PM |
Tel:+84 (0) 235 858 8394 |
|
6 |
The Garden |
8:00 AM – 9:00 PM |
Tel: +84 (0) 235 858 8393 Email: [email protected] |
|
7 |
Obaltan |
11:00 AM – 10:00 PM |
Tel: +84 (0) 888 069 749 Email: [email protected] |
b. Seats booked at a particular F&B Facility shall be held for a maximum of no more than 30 minutes from the arrival time booked by the Guest. Hoiana will not be responsible for guests arriving late for any reason.
3.3. Golf Services
a. Guests are required to make reservations by phone/fax/email/letter showing the following:
- The number of guests playing and their names
- Requested tee time
- Other requests if any, such as meals, equipment rental, etc.
b Booking channels:
- Tel: + 84 (0) 235 858 7888
- Email: [email protected]
c. The golf course will send guests a Reservation Voucher for the requested tee time.
d. Guests pay directly at the golf course when check-in.
Article 4. Booking Policies
4.1. All Service Requests, Guests/ Partners’ Booking List must be sent to Hoiana in the form of emails or physical documents prior to the check-in time.
4.2. In case of online booking, by clicking “Confirm”, the Guest agrees to the terms and conditions before completing the booking.
4.3. In the case when the Agent books rooms /apartments for 1 group or many different groups of Guests, the Partner must ensure that:
a. The Price Package is set for 02 adults in 01 hotel room/bedroom suite if not otherwise mentioned in the Appendix about room rates.
b. The Partner needs to inform all Guests that:
(i) Guests shall share a room with other guests booking through the Partner;
(ii) Guests shall take care of their personal properties when sharing a room with other guests. Partners shall bear all related responsibilities if complaints or disputes arise.
c. Hoiana shall not be responsible for resolving conflicts/disputes between Guests sharing rooms/apartments.
4.4. Reservation information: see details in Appendix 1
4.5. Regulations on accommodation:
a. The maximum number of Guests per Hotel room (except for special cases) is applied as follows:
(i) Maximum 02 people in 1 bedroom, including children
(ii) Only 01 extra bed is allowed per room, depending on the policies applicable at each Hotel & Suites.
b. Special circumstances: in special cases (including, but not limited to: force majeure events, upgrading and repairing of the Property, etc.), Hoiana reserves the right to relocate the Guests to another type of room/ Property with the same standard as the room type/ Property which Guests/Partners have booked and confirmed by Hoiana.
4.6. Information provided to Hotel before arrival date
For the Guests to receive the best quality of service from the Property and to ensure the Guests’ security, the Guests/Partners should provide the Property’s reservation department:
a. List of all Guests (full name, date of birth, gender, identity card/citizen identity card, passport number, nationality, copy of temporary residence card, and other required information requested by the respective Property from time to time):
(i) Single guests: The information must be sent to the Property’s reservation department through the confirmation of the booking request, but no later than the no-charge cancellation deadline.
(ii) Group guests: Details according to the group guest contract.
b. If the Guests/ Partners fail to provide the reservation list on time, Hoiana reserves the right to cancel the booking request from the system, refuse to apply the discounted price listed on the Voucher, and refuse to confirm the requested Service Request from time to time or according to the agreement, contract signed between the Guests/ Partners and Hoiana. In such cases, Hoiana shall apply the Public Price at the Property on the day of check-in if the room is available, and the Partner will be solely responsible for dealing with the Guests’ complaints arising from such late delivery of information.
c. Other special requests, such as high floor rooms, and adjoining rooms,… shall be provided subject to the Property’s availability at the time of check-in.
d. In case there are additional Guests (including children) without prior confirmation, the Guests/ Partners shall be charged a corresponding surcharge according to the Property’s Public Price table at the time of check-in. In the event that the booking is made through a Partner, the Partner shall pay the surcharge directly or Hoiana has the right to deduct the surcharge from any payment made by the Partner to Hoiana.
4.7. Check-in procedures
a. Guests are required to present ID or passport and/or Birth Certificate for children and take photos at check-in for registration purposes, the Property will keep a copy of these documents. In the event that 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:
| Height | Age |
|---|---|
|
Under 1m |
Under 4 years old |
|
1m - 1m40 |
From 4 to 12 years old |
|
Over 1m40 |
12 years old and above |
b. By agreeing to purchase and use Hoiana’s services, the Guest agrees to allow Hoiana to take photos and use the Guest’s photos for statistical purposes and stay management. Hoiana commits not to use/provide the Guest’s information to third parties for other purposes, except in the case of complying with the request of a competent state agency or with the prior consent of the Guest.
4.8. Cancellation/change of booking information
a. Single guests: notice of cancellation/change of booking information must be provided to the Property by 2 PM (local time), 7 days prior to the check-in date, and free of charge. In case of late notice, guests will be subject to a penalty equivalent to 1 night stay at the public price of the booked room package.
b. Group guests: Details according to the group guest contract, and the Partner shall be fully responsible for handling the guest’s complaints in this case.
Article 5. Force Majeures
Hoiana, Guests, or Partners will not be responsible for the delay, failure to perform the contract/agreement to provide and use the service (except for payment obligations), or the rights and obligations of each Party as stipulated at the T&C if the delay or failure to do so is caused by a Force Majeure event. Force Majeure events include, but are not limited to: Hurricanes, earthquakes, wars, fires, changes in government policies, laws, or other objective events, provided that:
5.1. Such event is completely beyond the reasonable control of or through no fault or negligence of the Party affected by the Force Majeure event, notwithstanding that such Party has taken all necessary and practicable measures to prevent, remedy or reduce damage, causing delay or interruption or delay in the performance of obligations in this Contract;
5.2. Within 03 days from the date of the Force Majeure event, the Party affected by the Force Majeure event must notify the other Party in writing, detailing the Force Majeure event, measures conducted to prevent and remedy the damage, plan for remedial actions and measures to be taken.
5.3. Unless otherwise agreed by Hoiana in writing, the Guests or Partners shall still perform their obligations under the Contract as reasonably practicable and shall take all reasonable measures to perform the work which is not hindered by the Force Majeure Event.
Article 6. Applicable Law and Dispute Resolution
6.1. The provisions of the T&C shall be governed by the laws of Vietnam.
6.2. All disputes arising in connection with the request and use of the Service by the Guests/ Partners in accordance with the Contract and the T&C shall be tried to resolve through negotiations. In case of unsuccessful negotiation within 30 days from the date of arising of the dispute, the Parties will have the right to bring the dispute to a competent court in Vietnam in accordance with the law.
Article 7. Technical Errors
7.1. Hoiana will make reasonable efforts to maintain the normal operation of the Hoiana.com website. However, Hoiana does not warrant that
(i) the functions and support tools provided at the Website will be uninterrupted or error-free,
(ii) the Website will not be infected with viruses, harmful software (malware), or other harmful components, and/or
(iii) all data provided on the Website is accurate and free from technical errors in the data creation process.
7.2. In the event of technical problems such as mechanical problems, software failures, internet system errors, virus infections (“Technical Errors”), or data errors posted on the Website as a price error (“Data Errors”), Hoiana will make every reasonable effort to correct the Technical Errors or correct the Data Errors as soon as possible.
7.3. Hoiana reserves the right to refuse to perform established transactions:
a. due to Technical Errors,
b. on the basis of Data Error, and/or
c. affected by Technical and/or Data Errors regardless of their source. For clarity, a data error is an error on the Website (e.g. prices, conditions) that a reasonable person would not consider as normal.
In case of refusal to perform the transaction, Hoiana will notify you via the email you provided when booking, and refund the payment related to the declined transaction that you have paid to Hoiana within a maximum of 45 working days.
7.4. Apart from the obligation to refund the payment received under Point (c), Hoiana is not responsible for any loss or damage suffered by you, whether directly or indirectly, arising from or in connection with Technical Errors and/or Data Errors.
Appendix 01: Reservation contact information
| No. | Hotel | Reservation email | Reservation phone number |
|---|---|---|---|
|
1 |
Hoiana Hotel & Suites |
+84 (0) 235 858 6999 |
|
|
2 |
New World Hoiana |
+84 (0) 235 858 6666 |
|
|
3 |
Hoiana Residences |
+84 (0) 235 858 8888 |
Article 8. Payment methods
8.1. Guests may choose from the following payment methods to pay for Services booked on the Website in accordance with Hoiana’s instructions for each respective Service Request:
a. ATM Card (Domestic Debit/Payment/Prepaid Card)
b. Credit cards, debit cards, international prepaid cards
c. QR code
d. Cash; or
e. Other methods as agreed upon in writing by the Parties from time to time.
8.2. In case of payment by card, transfer contents:
(i) Name of Guest/ Partner;
(ii) Reservation Request/Service Request Number;
(iii) Type of payment (deposit, payment…).
8.3. Hoiana reserves the right to make additional changes to the payment process and notify the Guests/ Partners in advance in writing or posting on the Website.
Article 9. Service Usage Information
Services provided by Hoiana will be served directly at Hoiana Resort located at Tay Son Tay Hamlet, Duy Hai Commune, Duy Xuyen District, Quang Nam Province, Vietnam.
Article 10. Indemnity
This Website is owned and operated by Hoi An South Development LTD (“Hoiana”), a company incorporated and operating under the laws of Vietnam and whose registered office is located in Tay Son Tay Hamlet, Duy Hai Commune, Duy Xuyen District, Quang Nam Province, Vietnam. The content on this Website is general information and is used for reference purposes only. Although we always strive to keep the information as complete and accurate as possible, Hoiana makes no representations or warranties of any kind, either express or implied, as to the completeness, adequacy, accuracy, reliability, and suitability of this website and its content. The use of the Website and reliance on its content are subject to the responsibility of the person accessing the Website (“Visitor”). In no event will Hoiana be liable for any loss or damage, directly or consequentially, whether arising out of or in connection with the use of this Website. Materials on this Website including but not limited to designs, layouts, graphics, and logos are owned by Hoiana or have been legally licensed to Hoiana. You may not modify, reproduce, store in a retrieval system, transmit, copy or distribute these materials (or any part thereof), or use them to create other derivative works or in any other way for commercial or public use without the prior written consent of Hoiana. Unauthorized use of such materials in any form and manner is strictly prohibited. This Website may link to websites owned and operated by third parties. These links are for informational purposes only and for the convenience of the Visitor. We do not control the content of any linked website and in no event is Hoiana responsible for the content of such linked websites or the products and services offered and advertised on these Websites. Therefore, Hoiana makes no warranties or representations, express or implied, as to the completeness, adequacy, accuracy, reliability, and suitability of linked websites, third parties owning and operating the linked site, the information provided on the linked site, or the quality of the product or service offered and advertised on the linked site. The Visitor’s access to and use of such linked websites is entirely the sole responsibility of the Visitor. We will not be liable for any loss or damage suffered by Visitors as a result of the use of linked websites and the information they provide.
Article 11. Limitation of Liability
Hoiana, its managers, directors, and employees shall not be responsible for any problems arising out of or in any way related to the Visitor’s use of this Website. Hoiana, including its managers, directors, and employees shall not be liable for any indirect, consequential, or special liability arising out of or in any way relating to the Visitor’s use of this Website.
Article 12. Amendment
Hoiana reserves the right to amend or supplement the T&C and/or any other terms and conditions posted on the Website at any time as the Company deems appropriate. By using this Website, Visitors are encouraged to review the T&C and/or any other terms and conditions posted on the Website on a regular basis.
