Applicable to BMW R 1250 GS & Other Big Bikes motorcycle rentals and motorcycle touring experiences in Vietnam.
CONTRACT PARTICULARS
|
Item |
Details |
|
Rental Provider |
[Name of individual/entity] |
|
Address and registration particulars |
[ … ] |
|
Incident assistance hotline |
[ … ] |
|
Renter |
[ … ] |
|
Authorised Rider(s) |
[ … ] |
|
Rental Agreement / Tour Reference |
[ … ] |
|
Motorcycle, registration number and year of manufacture |
[ … ] |
|
Rental Period |
From [ … ] to [ … ] |
|
Approved routes and scope of use |
[ … ] |
|
Version / Effective Date |
[ … ] |
SCOPE AND GENERAL PRINCIPLES
1.1. Parties and property
“Rental Provider” means the individual or entity entering into the Rental Agreement and delivering the Motorcycle.
“Renter” means the party entering into the Rental Agreement as renter.
“Authorised Rider” means a person identified in the Rental Agreement, or otherwise approved in writing by the Rental Provider, who also satisfies the legal requirements for operating the Motorcycle under Vietnamese law.
“Motorcycle” means the motorcycle identified in the Contract Particulars.
“Supplied Property” means the Motorcycle, keys, documents, luggage cases, equipment and accessories listed in the handover record.
Where the Renter and the rider are different persons, the Rental Agreement shall specify their respective obligations. Approval of a rider does not, of itself, discharge the Renter’s contractual obligations, nor does it automatically create joint and several liability beyond that established by a lawful agreement or applicable law.
1.2. Scope
These Terms govern the assessment and settlement of damage to or loss of the Supplied Property, associated costs, and cooperation following an incident.
Liability for personal injury, death and damage to third-party property shall be dealt with separately under applicable law and the relevant insurance arrangements.
1.3. Principles governing compensation
- Compensation may be claimed only for actual, reasonable and substantiated loss for which the Renter is legally or contractually responsible.
- The occurrence of an incident during the Rental Period does not, by itself, establish the Renter’s liability.
- The fact that an incident was unintentional, or that the Renter was not subject to a traffic penalty, does not, by itself, release the Renter from liability.
- Any assessment shall consider causation, the obligations concerning the custody and use of the Motorcycle, each party’s contribution to the loss, applicable exemptions and any agreed limitation of liability.
- There shall be no double recovery for the same loss and no automatic forfeiture of the Security Deposit.
- Each party shall take reasonable steps to mitigate loss.
The procedural deadlines, contractual exemptions and liability limits set out in these Terms constitute agreed service terms between the parties. They shall not be represented as generally applicable statutory deadlines, exemptions or limits.
RIDER ELIGIBILITY, HANDOVER AND USE
2.1. Rider eligibility
Each rider shall hold a valid driving licence appropriate to the Motorcycle and recognised for use in Vietnam.
For foreign riders, the applicable national driving licence, international driving permit or other recognised documentation shall be verified according to the circumstances. An international driving permit shall not automatically be regarded as sufficient.
Each rider shall be physically fit and capable of operating the Motorcycle safely and shall not ride with alcohol in their system or after using substances prohibited by applicable law.
2.2. Rental Provider’s obligations
The Rental Provider shall:
- Deliver a Motorcycle that may lawfully be used on the road and is in a safe operating condition.
- Disclose existing damage, relevant operating characteristics and necessary safety warnings.
- Provide information concerning the insurance arrangements actually applicable.
- Explain basic operation, warning indicators and incident contact procedures.
- Specify the approved routes and conditions of use, particularly in relation to dirt roads, rocky roads, off-road riding and flooded areas.
2.3. Handover record
The parties shall record the following in a written handover record supported by photographs and/or video:
- Odometer reading, fuel level and dashboard warnings.
- The condition of the tyres, wheels, brakes, lights, windscreen, handlebars, bodywork, crash bars and other inspectable components.
- Existing scratches, dents, cracks and other damage.
- Keys, documents, luggage cases and accessories supplied.
- Any signs of use that will be accepted upon return.
Each party shall retain a copy or have access to an electronic copy.
Signing the handover record does not exclude the Rental Provider’s responsibility for latent mechanical defects or material information that has not been disclosed.
2.4. Use and custody obligations
The Renter shall use and safeguard the Motorcycle in accordance with the agreed terms and shall not permit unauthorised use, make unauthorised modifications or use the Motorcycle outside the approved scope.
If an unsafe condition arises, the Renter shall stop in a safe location and contact the Rental Provider for assistance. The Renter may decline to proceed along a route presenting an evident safety risk and shall notify the guide or Rental Provider so that an alternative course of action can be agreed.
CIRCUMSTANCES GIVING RISE TO COMPENSATION
The following provisions apply where there is sufficient evidence that the relevant loss falls within the Renter’s responsibility. The exemptions under Clause 4 and any applicable limits under Clause 7 shall also be considered.
|
Circumstance |
Scope of responsibility |
|
Dropping the Motorcycle while pushing, stopping, parking, turning, mounting or dismounting due to improper handling or an unsuitable parking position |
Actual resulting damage; no charge arises solely because the Motorcycle was dropped if no damage occurred |
|
A fall, loss of control or collision attributable to inappropriate handling, speed, following distance or observation |
The portion of the loss attributable to the Renter |
|
A traffic violation resulting in an accident |
Loss connected with the violation; traffic penalties shall be dealt with separately under applicable law |
|
Riding with alcohol in the rider’s system, using prohibited substances or failing to satisfy legal riding requirements |
Loss for which the Renter is responsible; the incident may be excluded from the package under Clause 7 |
|
Allowing an unapproved person to ride, sub-renting or using the Motorcycle for an unauthorised purpose |
Loss connected with that unauthorised use |
|
Racing, performing stunts, jumping the Motorcycle, entering prohibited roads or undertaking off-road riding outside the approved scope |
Loss connected with that conduct |
|
Attempting to cross flooded areas, streams or hazardous areas contrary to safety warnings |
Related damage, including water ingress where established |
|
Using incorrect fuel, making unauthorised electrical connections or modifications, or carrying out improper repairs |
Reasonable remedial costs and resulting damage |
|
Continuing to operate the Motorcycle when it should be stopped because of overheating, an oil leak, tyre damage or a serious collision |
Additional damage caused by continued operation |
|
Losing keys, documents or accessories |
Reasonable costs of replacement, reissue or repair; replacement of an entire lock assembly must be justified |
|
Loss of the Motorcycle arising from a breach of custody obligations, such as leaving the key in the Motorcycle or entrusting it to an unauthorised person |
Loss assessed by reference to causation and responsibility |
|
Deliberate damage, fraud or a fabricated incident |
Actual loss for which the Renter is responsible, together with any other liability arising under applicable law |
A breach does not automatically make the Renter liable for damage unrelated to that breach.
EXEMPTIONS AND APPORTIONMENT OF LIABILITY
4.1. Exemptions
The Renter shall be exempt from the Rental Provider’s compensation claims in respect of the following:
- Pre-existing damage
Damage recorded at handover or otherwise shown by evidence to have existed before delivery.
- Fair wear and tear
Deterioration consistent with the distance travelled, duration of use and proper use of the Motorcycle, including ordinary tyre or brake-pad wear.
Cracks, breakages, dents or scratches caused by an impact shall not automatically be treated as fair wear and tear.
- Mechanical defects not caused by the Renter
Manufacturing defects, latent defects, age-related failures or failures attributable to inadequate maintenance, provided that the Renter used the Motorcycle properly and responded reasonably to any warning signs.
Any additional damage caused by unreasonable continued operation shall be assessed separately.
- Loss caused entirely by the Rental Provider or its personnel
Examples include dropping the Motorcycle while taking custody of it, securing it improperly during transport or causing damage during repairs.
- Loss caused entirely by a third party
Under the contractual exemption provided by these Terms, the Renter shall be exempt from compensation for damage to the rented Motorcycle where the evidence establishes that the Renter did not contribute to or aggravate the loss and reasonably cooperated in its resolution.
A third party’s failure to pay does not automatically transfer that party’s obligation to the Renter. The Rental Provider shall pursue recovery directly or in cooperation with the relevant parties.
- Force majeure
This exemption applies where the event satisfies the requirements of applicable law and the Renter has taken the necessary preventive and mitigating measures reasonably available in the circumstances.
Rain, slippery roads, poor road conditions or ordinary adverse weather shall not automatically constitute force majeure. Risks arising during a period of late return shall be considered separately under applicable law and any lawful agreement.
- Expressly agreed commercial waivers
These may include minor scratches to crash bars expressly accepted as part of the tour price. The relevant component, permitted extent of damage and conditions of the waiver shall be specified in an annex.
The exemptions above do not automatically release the Renter from liability to third parties.
4.2. Contributory causes
Where more than one party contributes to the loss, liability shall be apportioned by reference to the evidence, each party’s contribution, any lawful agreement or a determination by a competent authority.
Examples include improper handling by the rider combined with unsafe tyres supplied at handover, or the selection of an unsuitable route by the guide combined with the rider’s failure to follow safety instructions.
Following a guide does not automatically release the rider from all responsibility. Equally, voluntary participation in a tour does not exclude the tour organiser’s responsibility.
4.3. Circumstances requiring further investigation
Punctures caused by nails, stone damage to lights, theft despite the Motorcycle being locked, and damage sustained while parked shall be assessed according to their cause, the surrounding circumstances and compliance with custody obligations.
Neither full liability nor complete exemption shall be assumed without sufficient grounds.
ASSESSMENT OF COMPENSATION
5.1. Calculation sequence
Compensation shall be calculated in the following order:
- Establish the actual and reasonable loss and the portion for which the Renter is responsible.
- Exclude pre-existing damage, fair wear and tear, exempt amounts and unrelated costs.
- Deduct amounts already paid by insurers or third parties in respect of the same portion of loss, without duplicating deductions.
- Where applicable, distinguish between amounts within and outside the scope of the package under Clause 7.
- Apply the relevant limits to amounts within the package.
- Credit payments already made and any valid deduction from the Security Deposit to determine the outstanding balance or refund.
5.2. Repairable damage
Recoverable costs may include necessary diagnostics and assessment, parts, materials, labour, recovery, transport and reasonable storage.
Repair shall be preferred where it can restore appropriate safety, function and quality. Replacement shall be undertaken only where technically justified or where repair would be unreasonable.
Estimates shall identify the work, proposed method and unit prices. Costs of upgrades, rectification of pre-existing defects or replacement of unrelated components shall not be included.
Where replacement materially increases value compared with the pre-incident condition, the parties shall consider a reasonable adjustment. Depreciation shall not be applied mechanically in a manner that compromises safe repair.
5.3. Loss of the Motorcycle or total loss
A total-loss determination shall be supported by technical assessment and economic reasonableness, rather than solely by the Rental Provider’s unilateral declaration.
The Motorcycle shall be valued at its market value immediately before the incident, taking account of its year of manufacture, mileage, condition and accessories. The price of a new motorcycle shall not automatically apply.
Where the Rental Provider retains the damaged Motorcycle or components with residual value, their salvage value shall be deducted. Repair costs shall not be recovered in addition to the full value of the Motorcycle for the same loss.
If there is a material disagreement, the parties shall agree upon an independent valuer or assessor. Assessment costs shall be agreed in advance or allocated by the competent authority.
5.4. Loss of rental income
A claim may be made only for actual, reasonable and evidenced loss of income directly connected with the incident, after deducting saved expenses and relevant replacement income.
The full advertised rental rate shall not automatically be charged for every day the Motorcycle is unavailable. Delays attributable to the Rental Provider’s lack of reasonable diligence or repairs unrelated to the incident shall be excluded.
Agreed ceiling, if any: [ … ] VND per day, for a maximum of [ … ] days per incident.
This is a ceiling, not an automatic charge. If left blank, no fixed charging schedule shall apply; any claim must still be supported by evidence of actual loss.
INSURANCE AND THIRD-PARTY LIABILITY
6.1. Insurance disclosure
Before the rental begins, the Rental Provider shall disclose the insurance arrangements actually applicable, including the insurer, policy number, period of cover, scope, deductible or excess, and relevant exclusions.
The parties shall establish whether the insurance permits rental operations, the relevant category of rider and the intended routes. Insurance payment shall not be promised without support from the policy terms.
6.2. Distinct forms of protection
Compulsory third-party motor liability insurance is not equivalent to insurance for damage to the rented Motorcycle or personal injury insurance for the rider.
Motorcycle physical damage insurance, personal accident or travel insurance, and the contractual package under Clause 7 operate under separate arrangements.
6.3. Rejected or insufficient insurance payments
An insurer’s refusal to pay, or a payment shortfall, does not automatically make the Renter responsible for the entire unpaid amount. Responsibility shall be determined under the contract, the cause of loss and applicable law.
The Rental Provider shall not transfer to the Renter the consequences of its own failure to obtain or maintain promised insurance or of its misrepresentation of that insurance.
Where damage qualifies for the package under Clause 7, an insurer’s refusal to reimburse the Rental Provider does not automatically disapply the contractual limits promised to the Renter.
6.4. Third parties
Personal injury, death and third-party property damage shall be dealt with under applicable law and insurance.
Liability arising from the operation of a motor vehicle may, in circumstances prescribed by law, arise without fault. It shall not be assessed solely by reference to which person received a traffic penalty.
These Terms do not restrict an injured party’s lawful rights and do not automatically transfer all obligations of the Rental Provider to the Renter.
MOTORCYCLE DAMAGE LIABILITY LIMITATION PACKAGE
7.1. Election
The parties shall select one option:
☐ No Package: The Renter shall compensate loss for which the Renter is responsible under the remaining provisions of these Terms. No separate contractual cap under this Clause 7 applies.
☐ Package Selected: The provisions below and the completed particulars under Clause 7.3 apply.
The Rental Provider shall complete the scope, fee and limits before collecting the Package Fee. Uncompleted fields shall not be used as grounds for exclusion after an incident.
7.2. Meaning and effect
In consideration of the Package Fee, the Rental Provider agrees to limit the amount of compensation payable by the Renter for loss falling within the Package.
Where eligible loss exceeds the applicable cap, the Rental Provider shall bear the excess and shall not claim that excess from the Renter.
The Package does not exempt the Renter from all costs. Where eligible loss is below the cap, the Renter pays only the actual amount for which the Renter is responsible.
The cap is not a fixed charge payable whenever an incident occurs.
Where the Renter is exempt under Clause 4, compensation payable is zero, whether or not the Package has been purchased.
7.3. Package particulars
|
Item |
Agreed terms |
|
Package Fee |
[ … ] VND for the entire Rental Period |
|
Period of application |
From [ … ] to [ … ] |
|
Motorcycle and eligible Authorised Rider(s) |
[ … ] |
|
Approved routes and conditions of use |
[ … ] |
|
Maximum liability per eligible incident |
[ … ] VND |
|
Aggregate maximum liability under the Rental Agreement |
[ … ] VND |
|
Rental extension |
Any extension of the period, fee and scope shall be confirmed in writing |
The Package Fee is separate from the Security Deposit and shall not be credited against compensation payable.
Once the Package period has commenced, the fee shall not be refundable solely because no incident occurs. Cancellation, non-delivery of the Motorcycle and early termination shall be handled under the applicable cancellation/refund policy and law.
“One incident” means a single event, or a continuous sequence of collisions arising from the same immediate cause. A single fall damaging several components constitutes one incident and shall not be divided by component to apply multiple caps.
Separate and independent falls or collisions constitute separate incidents.
7.4. Scope
The Package applies to accidental physical damage caused by a drop, fall or collision while an Authorised Rider operates the Motorcycle within the agreed scope, subject to Clause 7.6.
The parties shall expressly complete each item below:
|
Item |
Scope confirmation |
|
Repair or replacement of Motorcycle components following an eligible incident, excluding items separately addressed below |
Included |
|
Tyres and wheels |
[Included / Excluded] |
|
Luggage cases, windscreen, crash bars and supplied accessories |
[Included / Excluded; specify] |
|
Necessary recovery, transport and storage |
[Included / Excluded; specify any limit] |
|
Loss of rental income |
[Included / Excluded; specify any limit] |
|
Total loss resulting from an accident |
[Included / Excluded] |
|
Theft of the Motorcycle |
[Included / Excluded; specify conditions] |
|
Water ingress or flood damage |
[Included / Excluded; specify conditions] |
Any item-specific limit shall explain how it operates with the general caps. No undisclosed sub-limit shall be imposed.
An item being outside the Package does not automatically establish the Renter’s liability for that item. Liability must still be determined under Clauses 3–5.
The Package shall not be described as limiting “all costs” where any costs remain outside its scope.
7.5. Calculation
For each incident, determine the loss for which the Renter is responsible and which falls within the Package, after applying the exemptions, reductions and deductions under Clause 5.
The amount payable for that portion shall be the lowest of:
- The remaining eligible loss.
- The per-incident cap.
- The unused balance of the aggregate cap.
The “unused balance” is the aggregate cap less the final compensation obligations established for earlier eligible incidents, whether or not those obligations have already been paid.
Amounts outside the Package for which the Renter is responsible shall be calculated separately. Consequently, the total payable may exceed the Package cap.
Reaching the aggregate cap does not automatically terminate the Package. Further eligible incidents during its period of application shall not give rise to additional compensation obligations within its scope.
If the amount attributable to an earlier incident is adjusted, the unused balance and settlement of related incidents shall be recalculated.
7.6. Exclusions from the limitation
The limitation does not apply to loss connected with:
- Deliberate damage, vandalism or fraud.
- Operation by a person who does not satisfy legal riding requirements or is not an Authorised Rider.
- Riding with alcohol in the rider’s system or using prohibited substances.
- Racing, performing stunts, jumping the Motorcycle or using it for an unauthorised purpose.
- Unauthorised entry onto prohibited roads or into an expressly disclosed excluded area or scope of use.
- Attempting to cross flooded areas, streams or hazardous areas contrary to safety warnings.
- Unauthorised modifications, improper repairs or continued operation when the Motorcycle should be stopped, in respect of the loss caused or aggravated by that conduct.
The Rental Provider shall substantiate both the conduct and its connection with the loss. An unrelated breach does not automatically remove the limitation for the entire incident.
Delayed reporting caused by emergency medical treatment, loss of communications or a reasonable objective impediment does not automatically invalidate the Package.
7.7. Distinction from the Security Deposit and insurance
|
Term |
Meaning |
|
Package Fee |
Payment for the Rental Provider’s contractual commitment to limit compensation |
|
Security Deposit |
Security for performance of obligations, subject to credit or refund under Clause 9 |
|
Liability cap |
The maximum payable by the Renter for eligible loss within the Package |
|
Insurance |
Protection governed by a separate contract with an insurer |
The Package limits compensation claims made by the Rental Provider. It is not an insurance product and does not bind third parties.
It does not include fines, medical expenses, personal injury or third-party claims. Those matters shall be dealt with separately under applicable law and insurance.
7.8. Illustrative examples
The following figures are illustrative only and do not replace Clause 7.3.
Assume:
- Package Fee: VND 2,000,000 for the trip.
- Per-incident cap: VND 20,000,000.
- Aggregate cap: VND 30,000,000 for the Rental Agreement.
Unless otherwise stated, assume the loss is the Renter’s responsibility, qualifies under the Package and has not been paid by an insurer or third party. Each example is independent; amounts are not accumulated across examples.
|
Example |
Outcome |
|
1. Minor damage: The Renter drops the Motorcycle; repair costs are VND 6 million |
The Renter pays VND 6 million, not VND 20 million |
|
2. Major damage: Repair costs are VND 65 million |
The Renter pays VND 20 million; the Rental Provider bears VND 45 million |
|
3. Two independent incidents: The first causes VND 25 million of loss; the second causes VND 18 million |
The Renter pays VND 20 million for the first and only VND 10 million for the second, reaching the VND 30 million aggregate cap |
|
4. An item outside the Package: Repairs cost VND 45 million; recovery costs VND 5 million and is expressly outside the Package and the Renter’s responsibility |
The Renter pays VND 20 million for repairs plus VND 5 million for recovery: VND 25 million total |
|
5. Excluded conduct: Unauthorised racing causes VND 70 million of damage, with sufficient grounds to apply the exclusion |
The cap does not apply; the Renter may be liable for VND 70 million, subject to assessment and deductions under Clause 5 |
|
6. No Renter liability: A pre-existing mechanical defect causes the failure, and the Renter used the Motorcycle and responded reasonably |
The Renter pays zero compensation |
|
7. Prior payment from another party: Loss is VND 25 million, and a third party pays VND 15 million towards the same loss |
The remaining amount is VND 10 million; the Renter pays no more than VND 10 million, not VND 20 million |
The VND 2 million Package Fee remains a separate charge in each example where the Package was purchased.
INCIDENT PROCEDURE
The Renter and rider shall:
- Prioritise assistance to injured persons and safety, and contact the competent authorities where necessary or legally required.
- Stop operating the Motorcycle if it may be unsafe; do not restart a flooded Motorcycle or one showing signs of serious damage.
- Notify the Rental Provider as soon as reasonably possible after immediate safety has been secured.
- Where circumstances permit, record photographs or video, the location, details of persons involved and witnesses, and preserve the scene as required by law.
- Provide truthful information and cooperate with the authorities, Rental Provider and insurer.
- Refrain from unauthorised repairs, sale or removal of components, or settlements on behalf of the Rental Provider, except for reasonable emergency measures to protect persons or property or mitigate loss.
The Renter and rider shall not flee the scene or make false statements. Providing assistance or truthful information shall not be treated as an unauthorised admission of full liability.
The Rental Provider shall receive incident reports, provide guidance, coordinate recovery and perform insurance procedures falling within its responsibility.
Where delayed reporting or failure to cooperate increases the loss, only the substantiated additional loss attributable to that breach may be claimed from the responsible party. The entire loss shall not automatically be transferred to that party.
INSPECTION, SECURITY DEPOSIT AND SETTLEMENT
9.1. Security Deposit
Security Deposit: [ … ] VND.
The Security Deposit is not an automatic penalty, is not the Package Fee and does not automatically constitute the maximum compensation payable.
9.2. Return inspection
The parties shall compare the returned Motorcycle with the handover record and identify agreed and disputed findings.
For concealed damage discovered later, the Rental Provider shall provide evidence connecting it with the Rental Period; the date of discovery alone is insufficient.
A party’s refusal or failure to sign an inspection record does not automatically establish fault or acceptance of the other party’s claim.
9.3. Supporting documents and notification periods
Within three working days after recording the incident, the Rental Provider shall provide a preliminary notice describing the damage, grounds for liability and an estimate where available.
Within seven working days, the Rental Provider shall provide the available documents and estimates or explain in writing why additional time is required and provide an update schedule.
A payment claim shall identify:
- The condition before and after the incident.
- The grounds for allocating responsibility.
- Estimates, invoices, supporting documents or appropriate valuation evidence.
- Exemptions, reductions and payments received from other parties.
- The application of the Package, where relevant.
- Any Security Deposit credit and the outstanding amount or refund.
An estimate is a basis for provisional assessment. It does not automatically become the final settlement amount where disputed or where actual costs change.
9.4. Temporary retention and refund
Only a reasonable portion of the Security Deposit connected with a substantiated claim may be temporarily retained, within the agreement and applicable law. The amount, reason and review date shall be notified.
Any undisputed refundable balance shall be returned within three working days after it is established. If the return inspection identifies no outstanding obligations, the Security Deposit shall be refunded within three working days after completion of the inspection.
The entire Security Deposit shall not be retained indefinitely. If the matter remains unresolved, the parties shall agree on the treatment of the disputed amount or refer the dispute to the competent authority.
9.5. Final settlement
A final deduction shall be based on a settlement confirmed by both parties or an effective legal basis.
Undisputed amounts shall be paid or refunded within five working days after the complete supporting documents have been received and the settlement confirmed, unless otherwise agreed in writing.
No administration fee, incident-handling fee or penalty shall be imposed unless lawfully agreed in advance.
9.6. Subsequent insurance or third-party payments
If the Rental Provider receives a subsequent payment for the same loss after the Renter has paid, the Renter’s obligation shall be recalculated under Clauses 5 and 7. Any amount paid by the Renter in excess of the recalculated obligation shall be refunded within five working days after sufficient information is available.
The entire insurance payment is not automatically refundable to the Renter. Its allocation to the relevant loss and the revised settlement shall first be determined.
Example: Loss is VND 65 million, and the Renter has paid VND 20 million under the Package. The Rental Provider subsequently receives VND 50 million from an insurer for the same loss. The remaining loss is VND 15 million; the Renter’s obligation is recalculated at VND 15 million, and VND 5 million is refunded, assuming no other adjustment is required.
Any insurer’s rights of recovery or subrogation shall be governed by applicable law and the insurance contract. The Rental Provider makes no undertaking on behalf of the insurer.
DISPUTES AND EFFECT
The Renter may obtain supporting evidence and explanations, request independent assessment, submit complaints and commence legal proceedings in accordance with applicable law.
The parties shall first seek to resolve disputes through negotiation. Unresolved disputes shall be submitted to a competent authority under Vietnamese law.
The Rental Provider shall not have unilateral final authority to determine fault, the value of loss or the interpretation of a disputed provision.
Any amendment, additional waiver or reduction shall be recorded in writing or in a retainable electronic form identifying the parties and its contents. No adverse post-incident amendment shall apply without a lawful agreement.
If a provision is invalid or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law. Mandatory rights of the parties and third parties remain unaffected.
These Terms form an annex to the Rental Agreement or tour agreement and specifically govern accidents, damage, loss and compensation. Other matters, including rental charges, itineraries, tour cancellation, replacement motorcycles and service refunds, shall be addressed in the principal agreement.
SUPPORTING DOCUMENTS AND ACKNOWLEDGEMENT
The following documents shall be completed:
- Handover record, photographs/video and accessory inventory.
- List of riders and verified driving-licence particulars.
- Approved routes, off-road conditions and relevant warnings.
- Details of the insurance actually applicable.
- Standards for fair wear and tear and acceptable signs of use.
- The Package election and particulars under Clause 7, where purchased.
The Rental Provider confirms that these Terms were supplied to the Renter before signature and collection of the Security Deposit or Package Fee, and that the scope, exclusions and calculation of compensation were explained.
The Renter acknowledges having had the opportunity to read these Terms, retain a copy, ask questions and receive explanations. This acknowledgement does not waive rights protected by law.
All selections and financial particulars shall be completed before signature. Figures used in the examples are illustrative only.
|
Rental Provider |
Renter |
Authorised Rider, if different from the Renter |
|
Signature and full name |
Signature and full name |
Signature, full name and agreed scope of obligations |
| [ … ] | [ … ] | [ … ] |
Date of signature: [ … ]
