DISCLAIMER AND WAIVER OF LIABILITY

This policy is intended to clearly and honestly inform you of the inherent risks involved in the experiential travel activities provided by Hoi An Unique Travel. Your safety is our highest priority; however, your participation in our tours is considered confirmation that you have read, understood, and voluntarily agree to all terms of this waiver and assumption of risk as outlined below. Acceptance of these terms is a prerequisite for participating in our services.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF INHERENT RISKS

You acknowledge that the nature of experiential travel, particularly in the rural areas and craft villages of Hoi An, involves elements of potential risk and danger that cannot be entirely eliminated, despite all reasonable safety measures we have taken. By participating in a tour, you accept these risks, which include but are not limited to:

• Transportation-Related Risks: Risks arising from travel by specific local means of transport such as motorbikes (as a passenger), bicycles, basket boats, and wooden boats. These risks may include traffic accidents, uneven terrain, slippery village paths, or the possibility of a boat capsizing.
• Environment-Related Risks: Risks from the natural environment and tropical climate, including sudden weather changes, heatstroke, dehydration, sunburn, rugged terrain in fields or on trails, and exposure to local insects, flora, or fauna.
• Activity-Related Risks: Risks arising directly from the experiential activities, such as the use of agricultural tools, the risk of injury from sharp objects (fishhooks, knives in a cooking class), or the risk of burns from contact with fire and heat.
• Culinary-Related Risks: Although we strive to ensure food safety and hygiene, there remains a risk of food allergies or digestive issues when experiencing local cuisine.

2. OBLIGATIONS AND COMMITMENTS OF THE PARTICIPANT

To ensure your own safety and that of others, you commit to and confirm that:

• Health and Physical Condition: You are in good physical and mental health, and possess the sufficient fitness level to participate in the activities of your registered tour. You are obligated to inform us in writing at the time of booking of any pre-existing medical conditions, chronic illnesses, severe allergies, or any other limitations that could affect your safety.
• No Use of Intoxicants: You commit to not being under the influence of alcohol, drugs, or other intoxicants that impair cognitive ability and judgment before or during participation in activities that require coordination and alertness (e.g., cycling, boating).
• Compliance with Instructions: You agree to listen to and strictly adhere to all safety rules and instructions provided by our tour guides or representatives throughout the trip. Failure to comply may result in a refusal of service or removal from the tour without a refund.

3. RESPONSIBILITY FOR PERSONAL PROPERTY

You are solely responsible for the safekeeping of your personal property, including money, identification, passports, cameras, phones, and other electronic devices. We strongly advise against bringing unnecessary valuable items on the tour. Hoi An Unique Travel will not be held liable for any loss, damage, or theft of your personal property.

4. AUTHORIZATION FOR MEDICAL TREATMENT

In the event of an accident or medical emergency, you authorize Hoi An Unique Travel and its representatives to arrange for necessary first aid and to call for medical assistance, including emergency transportation to the nearest medical facility. You agree to be fully responsible for the payment of all costs incurred for this medical care and evacuation. This underscores the importance of having personal travel insurance.

5. USE OF IMAGES AND VIDEOS

You agree that Hoi An Unique Travel has the right to take photographs, video footage, or other recordings of you during your participation in the tour. You grant us the worldwide right to use these images and videos for promotional, marketing, and commercial purposes (e.g., on our website, social media, and in advertising materials) without compensation or further notification to you. If you do not wish to be filmed or photographed, it is your responsibility to clearly inform our tour guide before the tour begins.

6. WAIVER OF LEGAL LIABILITY

In consideration of the above and for being permitted to participate in our services, you, on behalf of yourself, your heirs, legal representatives, and next of kin, agree to RELEASE, WAIVE, AND DISCHARGE Hoi An Unique Travel, its directors, employees, guides, and partners from any and all claims, lawsuits, or demands for damages related to injury, illness, death, or property loss that may arise from your participation in the tour, whether caused by the negligence of the company or otherwise, except in cases of our proven gross negligence under the law.

FINAL ACKNOWLEDGEMENT

By completing your booking and participating in the service, you confirm that you have carefully read, fully understood the content of, and voluntarily agree to all the terms in this “Disclaimer and Waiver of Liability” document. You understand that you are waiving certain significant legal rights.