Vietnam: Dispute settlement in the event of the carrier’s default

According to Article 15 of Circular No. 80/2014/TT-BGTVT of the Ministry of Transport of Vietnam, dispute settlement and indemnity in the event of the carrier’s default are guided as follows:

First, in case the transport fails to depart on the right schedule, the passenger has to wait overnight, the carrier shall have to arrange the place where the passenger can eat and rest as well as be liable to all incurred expenses; if the passenger refuses to continue their journey and return the ticket, the carrier shall be obliged to refund any fare or charge to the passenger.

Second, in case the transport is out of order during a journey and the journey has to end, the captain shall find all possible measures to take the passenger to the nearest passenger port or terminal in a safe manner, notify the carrier of the situation and take the following actions:

- If the passenger has to wait overnight, the carrier must arrange the place where the passenger may eat and rest as well as all incurred expenses;

- If that passenger does not wish to wait for the next journey, the carrier is required to refund the fare and charge in proportion to the remaining distance at which the passenger would travel;

- If the carrier is able to arrange another transport to carry the passenger back to the original departure terminal, the carrier shall refund all of the fare or charge to the passenger.

Concurrently, Circular No. 80/2014/TT-BGTVT also guides the dispute settlement and indemnity in the event of force majeure, specifically, in the event of temporary delay, the carrier must notify the passenger of such delay when the transport has not yet departed; if the journey is canceled, the carrier must refund all of the fare or charge to the passenger.

When the transport is running:

- If the transport has to run on the longer route, the carrier is not allowed to collect any additional fare or charge from the passenger.

- In case there is any transloading of passengers, luggage and checked baggage, the carrier must undertake all transloading activities and be liable to all incurred expenses;

- In case it is impossible to continue the voyage, and the transport has to disembark at the nearest or departing terminal, the passenger shall not be liable to any additional fare or charge for the distance at which the passenger is shipped back; the carrier shall be liable to the fare or charge in proportion to the distance at which the passenger has not yet traveled.

View more at Circular No. 80/2014/TT-BGTVT of the Ministry of Transport of Vietnam, effective from February 15, 2015.

Thu Ba

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