Vinpearl Golf – General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF VINPEARL GOLF

These General Terms and Conditions (“GTC”) apply to all Customers and Partners who use or book services at golf courses under the Vinpearl Golf brand and other brands owned, managed, and/or operated by Vinpearl Golf (if any) in the future (“Golf Course(s)”). The Customer, the Partner, and Vinpearl Golf are each referred to as a “Party” and collectively as the “Parties”.

The Customer/Partner agrees and acknowledges that by sending a request to Vinpearl Golf for golf booking, event requests and/or additional services (collectively referred to as the “Service Request”) and receiving service confirmation from Vinpearl Golf, the Customer and Partner have read and accepted the GTC, the General Regulations (“GR”), and any modifications to the GTC and GR as published from time to time on the official website of Vinpearl Golf at https://www.vinpearl.com/vinpearlgolf (“Website”), as well as the service provision policies and pricing announced and provided by Vinpearl Golf.

The GTC is an integral part of any contract, agreement for the provision or use of services, or Service Request confirmed between Vinpearl Golf and the Customer/Partner (“Contract”).

ARTICLE 1. DEFINITIONS

Unless otherwise specified by context or by the Vinpearl Golf Course Regulations, the following terms in these GTC shall have the meanings ascribed below:

• “Service Price List” is the document specifying the Published Price and promotional rates applicable to the Services.

• “Services” refer to the services provided by Vinpearl Golf at the Golf Courses.

• “Published Price” is the price of Services applied to Customers as listed in the Service Price List.

• “Service Package” is a bundled service package for one round of 18-hole golf including green fee, caddie fee, and shared golf cart fee.

• “Member” is an individual who owns or uses a Membership Card issued by Vinpearl Golf (according to each card type’s applicable terms) to use services at one or more Golf Courses.

• “Customer” is an individual who directly uses the Services, including Members, Member’s Guests, Group Customers, Individual Customers, and other guests.

• “Individual Customer (FIT)” refers to customers booking services for fewer than 10 people.

• “Group Customer (GIT)” refers to a group booking of 10 people or more.

• “Confirmation Date” is the date on which Vinpearl Golf sends the Service Confirmation to the Customer/Agency.

• “Service Fee” is the amount payable by the Customer/Agency to Vinpearl Golf based on the Published Price/Agency Price for the Services used. For Agencies, the Service Fee does not include bank transfer fees or any other applicable charges (if any).

• “Voucher” is a paper or electronic document acknowledging the Service Packages that the holder is entitled to use within a specific timeframe, issued, managed, and provided by Vinpearl Golf to Customers or Agencies.

• “Service Confirmation” is Vinpearl’s confirmation of the Customer’s/Agency’s Service Request.

• “Service Request” is the Customer’s/Agency’s request to book Services at the Golf Course using the Service Request form in Appendix 02.

ARTICLE 2. VOUCHERS

Unless otherwise agreed or stated in another Vinpearl Golf policy, Customers using Vouchers must comply with these GTC, the specific terms stated on the Voucher, and/or the service provision policies corresponding to the type of Voucher issued by Vinpearl Golf at the time of use. The original Voucher must be presented and collected at check-out at the Golf Course. If the Customer fails to present a valid Voucher, they must pay the Published Price at the time of check-out.

ARTICLE 3. SERVICE BOOKING AND CANCELLATION

When needing to book Services, the Customer/Agency shall submit a Service Request using one of the following methods:

• The Service Request must be made in writing and sent via email to the contact point of Vinpearl Golf as notified from time to time in Appendix 01; or

• Submitted through Vinpearl Golf’s service request application as available from time to time.

The Parties may discuss the Service Request by phone, but it must be subsequently confirmed by one of the above methods.

Within 24 hours from receiving the Service Request, Vinpearl Golf will respond via fax or email. If the Service Request is confirmed by a Service Confirmation, it is deemed effective as of the Confirmation Date.

In case of violation of the service cancellation policy, the Customer shall pay Vinpearl Golf a Service Cancellation Fee, as detailed below:

The cancellation of the aforementioned Service Booking shall be construed to include any changes to the date of service use, tee time, reduction in the number of players, and any other amendments from the original Service Request that has been duly confirmed by Vinpearl Golf.

Any refundable amounts due to the cancellation of the Service Booking shall not be reimbursed by Vinpearl Golf unless the Customer's/Agent’s cancellation request has been expressly approved in writing via fax or email by Vinpearl Golf.

In the event that the Customer/Agent is granted an extension for payment of up to ten (10) days from the conclusion of the service period, and the services are still rendered despite delayed payment beyond the prescribed deadline, such delay must be supported by a legitimate reason (including but not limited to weekends, public holidays, or incorrect bank transfers) and must be explicitly acknowledged and confirmed in writing via fax or email by Vinpearl Golf.

ĐIỀU 4: CHÍNH SÁCH THANH TOÁN

4.1 Deposit Policy:

4.2. Payment Policy:

ARTICLE 5. VINPEARL GOLF PAYMENT ACCOUNT

Unless payment is made by credit card, cash, or otherwise agreed in writing, the Customer/Partner shall make payments directly into the designated accounts. The list of accounts is provided in Appendix PL02.
Transfer details must include: (i) Name of the Customer/Partner; (ii) Service Request/Event Request Code; (iii) Payment description (deposit, payment, etc.).
Vinpearl Golf reserves the right to (i) change or add to the payment accounts listed herein; and/or (ii) modify or supplement the payment procedures, with prior notice to the Customer/Partner either in writing or by posting on the Website.

ARTICLE 6. REPAIRS AND RENOVATIONS

6.1 At its sole discretion, Vinpearl shall carry out repairs, renovations, upgrades, or periodic maintenance programs to maintain optimal conditions of the Golf Course. Vinpearl Golf shall notify Customers and Agents by email or fax prior to commencing any major or prolonged upgrade works that may affect Customer satisfaction.

6.2 Vinpearl Golf shall not be liable for any claims or demands arising from losses and/or damages incurred by Agents and/or Customers resulting from such renovations/upgrades after prior notification has been given to Agents/Partners/Customers.

ARTICLE 7. FORCE MAJEURE

Vinpearl Golf, Customers, or Partners shall not be held liable for any delay or failure to perform contractual obligations (except payment obligations) or any rights and obligations under this Agreement resulting from a Force Majeure event. Force Majeure events include but are not limited to storms, floods, epidemics, earthquakes, wars, fires, changes in state policies or laws, or other objective events beyond reasonable control.

The conditions are as follows:

1. Such events are entirely beyond the reasonable control or fault of the affected party, despite all reasonable measures taken to prevent, mitigate, or remedy the damage, causing delay, interruption, or suspension of contractual performance;

2. The affected party must notify the other party in writing within 03 days from the occurrence of the Force Majeure event, detailing the event, measures taken, and the proposed remedial and resolution plan;

3. Unless otherwise agreed in writing by Vinpearl Golf, Customers or Partners must continue to fulfill their contractual obligations to the extent reasonably possible and take all reasonable steps to perform any unaffected parts of the contract.

ARTICLE 8. CONFIDENTIALITY

The Partner and Vinpearl Golf commit that during the term of this Agreement and after its termination, the Receiving Party shall strictly maintain the confidentiality of the Disclosing Party’s confidential information ("Confidential Information"). The Receiving Party shall not disclose any Confidential Information to any third party, directly or indirectly, without prior written consent of the Disclosing Party, except as provided below. For the purposes of this Article, Confidential Information includes but is not limited to the terms of the Agreement between Vinpearl Golf and the Partner, and/or any information, data, documents created or arising from the performance of this Agreement, as well as business secrets, technological secrets, trade secrets, knowledge or other information serving marketing, financial, or business purposes of the Disclosing Party.

The confidentiality obligation shall not apply to information that:

• Has been publicly disclosed by the Disclosing Party;

• Is disclosed to employees, financial or legal consultants, or contractors of the Receiving Party for purposes of fulfilling contractual obligations, provided that the Receiving Party ensures such recipients comply with confidentiality obligations;

• Is lawfully obtained from an independent third party without confidentiality obligations;

• Is required to be disclosed by competent authorities or courts with jurisdiction over the Receiving Party.

The Receiving Party acknowledges that any breach of this confidentiality obligation may cause irreparable harm to the Disclosing Party, who shall have the right to seek remedies, including damages not less than the contract value.

ARTICLE 9. DISPUTE RESOLUTION

This Agreement shall be governed by the laws of Vietnam. All disputes arising from or related to the Customer’s or Partner’s use of Services under this Agreement shall be resolved through negotiation. If negotiations fail within 30 days from the date of dispute, either party may submit the dispute to a competent court in Vietnam for resolution.

ARTICLE 10. TECHNICAL ERRORS

10.1 Vinpearl Golf will use reasonable efforts to maintain normal operation of the e-commerce website at booking.vinpearlgolf.com. However, Vinpearl Golf does not guarantee that (i) all functions and support tools on the Website will be uninterrupted or error-free, (ii) the Website will be free from viruses, malware, or other harmful components, and/or (iii) all data provided on the Website is accurate and free from technical errors during data creation.

10.2 In case of technical issues such as hardware failure, software errors, internet system faults, virus infection (“Technical Errors”), or data errors on the Website such as pricing mistakes (“Data Errors”), Vinpearl Golf will make reasonable efforts to promptly correct or adjust such errors.

10.3 Vinpearl Golf reserves the right to refuse to execute transactions that are:

(i) caused by Technical Errors,
(ii) based on Data Errors, and/or
(iii) affected by Technical Errors and/or Data Errors regardless of their origin.

For clarity, a data error refers to an abnormal error on the Website (e.g., pricing or terms) that a reasonable person would not consider normal.

In cases of refusal to execute transactions, Vinpearl Golf will notify Customers by the email provided at booking and refund any payments related to the rejected transactions within a maximum of 45 business days.

Apart from the obligation to refund payments, Vinpearl Golf shall not be liable for any losses or damages, direct or indirect, arising from or related to Technical Errors and/or Data Errors.

PL01: SERVICE BOOKING CONTACT LIST

PL02: BANK ACCOUNT LIST