Terms and Conditions
This website and any mobile application (collectively, this “Site”) is owned by Linh Nguyen,(“We”, “Us” or “Linhscape”). We are providing you with access to this Site subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise and or services on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”).
So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise or services from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at https://linhscape.com/privacy-policy/. Please review our Privacy Policy for information on how We collect, use and share information about our users.
Booking
To reserve your spot, a 50% deposit of the full tour amount is required at the time of booking. The remaining balance must be paid 60 days before the tour start.
You can pay via the online payment link on our website, or request our account details or PayPal information for the transfer. Your reservation may be cancelled if full payment is not received by the specified deadline. After making the payment, please send us a copy or screenshot of the bank receipt. Upon confirmation, we will email you the Rules and Regulations of the tour, securing your spot on the photo tour.
Cancellation and Refund
All cancellation requests must be made in writing (email accepted) and will be effective from the date of receipt (via regular post or email). Once the trip begins, there can be no refunds for any unused portion, including rooms, meals, flights, tour dates, events, or services. Please note that the cancellation penalties outlined below are based on costs incurred by on your behalf, including non-refundable deposits or payments to agents, hotels, airlines, etc.
Cancellation fees are as follows:
• 40% of the total fee if cancelled 60 days or less before the start of the trip.
• 100% of the total fee if cancelled within 60 days or less before the start of the trip. Please carefully read all details on this page and the detailed Terms and Conditions, as well as the Disclaimer/Commitment in the Booking and Registration Form.
Cancellation by Organiser:
• In the unfortunate event that we have to cancel the tour or workshop due to a lack of participants or any other reason, the full amount, including the deposit, will be refunded.
• We will notify you in advance if a cancellation is under consideration. If the photography tour is cancelled, 100% of your deposit and payments will be refunded.
• However, we are not responsible for any additional costs incurred, such as airfare, accommodation, or equipment costs. For this reason, we strongly recommend that you purchase travel insurance that includes cancellation coverage.
Why must you agree to release us from all liability?
By participating in any photo tour with us, or hiring us for any service, you are required to agree that you will not hold us responsible for any accident, theft or negligence by us or any third parties. The nature of travel in Vietnam, and the locations we visit on a photo tour means there are inherent risks. We take you off the beaten treks, use slippy paths, wet rafts, stand in slippy river beds, and there are so many aspects of the environment we can not control. We take basic precautions we can, such as hand selecting safe drivers, but in Vietnam the roads can be very dangerous and the unexpected can and does happen.
Please read this Release and Waiver of Liability document in full, making sure you full understand that by hiring us we can not accept any liability for what might happen on our photo trips. We’ve never had an accident, but the nature of hiking, cameras and Vietnam, combined with the hot and humid weather and early and late finishes means it could happen.
We suggest you take adequate insurance for yourself and your equipment. Also take time to prepare, taking common sense steps before your trip, such as good non-slip hiking shoes, a first aid kid, sun screen, mosquito sprays, a hat, money belt, secure camera bag, and any other practical item that aids safety.
Release and Waiver of Liability
I acknowledge that I have voluntarily consented to participate in a photography tour, and the other outdoor activities (the “Activities”) guided or arranged by Vietnam Photography Expedition or any respective billing or brand owning company or Vietnamese local operator they hire or represent, herein known as “The Company”.
I understand that the tour and all other hazards and exposures connected with related outdoor activities, involve risk of harm. I am aware of the risks and dangers inherent with the Activities, and I knowingly and willingly assume the risk of injury, including but not limited to injury that might result from a high fall, slip on the rocks, drowning, injury from any person or object such as (but not limited to) other tour participants, guides, drivers, trees, rocks, holes, rafts, boats, animals, food, bodies of water and other obstacles, whether obvious or not obvious.
I agree that any bodily injury, death, or loss of personal property and expenses as a result of my negligence in the Activities or any other activity is my responsibility. In consideration of and as a part of the right to participate in the Activities with The Company, and any related party, including hotels, cruise companies, drivers, car hire companies, bike rental providers, local tour operators and freelance guides, and any respected landowner (hereinafter referred to jointly as “Members”).
I agree and state that I am fully capable of participating in the Activities, I am in excellent health with no known handicaps that might hinder my full participation in the Activities, and I am fully capable of handling the hazards of an active tour, the traffic, weather conditions, walking, terrain and all and any similar conditions associated with said Activities.
As lawful consideration for being permitted by the Members to participate in the Activities, I release from any legal liability the Members and all of their officers, managers, organisations, agents, employees, successors and assigns for any and all losses, damages to property or body, including any injury, death or loss or damage caused by or resulting from my participation in the Activities whether or not such injury or death was caused by or resulting from their negligence or any other cause.
I further agree not to sue, claim against, attach the property of, or prosecute Members and all of their officers, managers, affiliated organisations, agents, employees, freelancers, individuals, successors and assigns for any injury or death caused by or resulting from my participation in the Activities provided by Members whether or not such injury or death was caused by or resulting from their negligence or any other cause.
I agree to defend, indemnify, and hold harmless Members and all of their officers, managers, affiliated organisations, agents, employees, successors and assigns for any injury or death caused by or resulting from my participation in the Activities provided by Members whether or not such injury or death was caused by or resulting from their negligence or any other cause.
I agree to waive liability for unforeseen events such as loss of personal property; illness, accident or injury; mechanical or structural failure of the means of transport; flight delays or cancellations; discomfort or illness or unfamiliar food.
Force Majeure Events: Furthermore, I agree to waive liability for circumstances beyond the reasonable control of the Company, referred to as Force Majeure Events. This includes events such as natural disasters, storms, floods, earthquakes, etc., sudden road closures, civil unrest or actions of the government.
This contract shall be legally binding on me, my estate, heirs, assigns, legal guardians, and personal representatives. I have carefully read the above and fully understand its contents. I am aware that I am releasing certain rights that I may have, and enter into this contract of my own free will.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service
Questions
Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: creative@linhscape.com
Last Updated: 09/23/2021