DISPUTE RESOLUTION AND COMPLAINT POLICY AND PROCEDURE

Applicable to the Company's services

1. Basis and Purpose of Application

This policy outlines the principles, procedures, timelines, and scope of responsibility when receiving, verifying, and resolving complaints and disputes arising between the Company and customers during the use of services provided by the Company.

The policy is developed in accordance with the current laws of Vietnam, including but not limited to: the Civil Code, the Commercial Law, the Consumer Protection Law 2023, Decree No. 55/2024/ND-CP, Decree No. 52/2013/ND-CP on e-commerce as amended by Decree No. 85/2021/ND-CP, Decree No. 10/2020/ND-CP on business and business conditions for transportation by car, along with other amendments, supplements, and relevant legal documents.

The goal of the policy is to ensure transparent, good-faith handling of feedback, based on evidence; while clearly defining the obligation of customers to provide information and evidence, and the legal liability limits of the Company.

2. Scope of Complaints and Disputes Accepted

· Booking, reserving, changing, cancelling, refunding, adjusting schedules, or transactions arising through the Company's website, hotline, office, agents, app, or official channels.

· Quality of passenger transport services, schedules, pick-up/drop-off points, accompanying luggage, and the attitude of staff under the Company's management.

· Transportation, delivery, storage of goods, luggage, including issues of loss, shortage, delay, confusion, damage, or related costs.

· Payment, reconciliation, invoices/documents, transaction codes, and financial content directly related to services provided by the Company.

· Collection, use, storage, and security of personal information according to the privacy policy and current legal regulations.

· Other issues arising directly from services provided by the Company and still verifiable.

The Company is not obligated to handle under this policy feedback not arising from the Company's services, feedback on transactions with independent third parties, content that cannot identify the sender, lacks verifiable data, or shows signs of exploiting complaints to exert pressure, insult, threaten, or spread false information affecting the legal rights and interests of the Company, its staff, or related parties.

3. Principles of Resolution

· Prioritize negotiation, mediation, and goodwill but do not admit liability until verification is complete.

· Handle based on actual data: schedules/tickets, transaction codes, cameras, call recordings, vehicle schedules, handover records, images, payment documents, staff information, and related documents.

· The Company's liability only arises for actual, direct damages with valid evidence and a causal relationship with faults within the Company's service scope.

· Customers are obligated to provide truthful, complete, and timely information; preserve documents and cooperate in verification. False declarations, incomplete declarations, providing invalid evidence, or changing statements after the incident are grounds for the Company to refuse or limit the resolution plan.

· The Company protects the legal rights of customers but reserves the right to refuse requests without basis, requests beyond responsibility, requests for indirect damages, or requests contrary to the published service regulations.

· Any support beyond legal liability, if any, is considered goodwill customer care policy and should not be understood as the Company admitting fault or liability in other cases.

4. Forms of Complaint Reception

Customers can send complaints through one of the official channels announced by the Company at each time:

· The Company's customer service hotline;

· The Company's official email;

· Written documents, working minutes, or direct feedback at the office/branch;

· Electronic forms, website, app, or other official contact channels announced by the Company.

When submitting a complaint, customers need to provide at least the following information:

· Full name, phone number, contact address/email;

· Schedule code, booking code, ticket code, transaction code, or transaction identification information if available;

· Specific complaint content, proposed request, and basis of the request;

· Time and place of the incident; schedule, vehicle license plate, sending/receiving point, or related information;

· Documents, images, videos, receipts, invoices, messages, or related evidence if available.

If the complaint information is incomplete, the Company has the right to request the customer to supplement. The processing time is calculated from when the Company receives the necessary minimum information for verification.

5. Complaint Submission and Reception Timeline

To ensure verification data remains intact, customers need to submit complaints as soon as the incident is discovered. Unless otherwise required by law, the Company applies the following reference reception timelines:

Incident Group

Recommended Complaint Submission Timeline

Schedule, booking, change/cancel/refund

Within 07 working days from the date of occurrence or service use

Luggage, goods, shortage, confusion, damage

At the time of receipt

Goods, luggage suspected lost/not delivered

Immediately when the expected delivery time is exceeded or when notified of an incident

Service quality, staff attitude

Within 03 working days from the time of occurrence

Personal information/customer data

According to the privacy policy and current legal regulations

 

The Company has the right to refuse or limit processing for complaints submitted beyond the above timelines if verification data is no longer available, the state of goods has changed, goods have been used/moved/repaired, evidence is no longer objective, or the incident is no longer verifiable, unless otherwise required by law or the Company decides to accept based on goodwill.

6. Complaint Resolution Procedure

1. Reception and Classification: The Company records the content, checks initial information, and classifies the case by schedule, passenger transport, goods, payment, personal data, or other groups.

2. Request for Additional Information: If the file lacks sufficient basis, the Company notifies the content that needs to be supplemented. Customers are responsible for cooperating within a suitable timeframe; if not supplemented, the Company may suspend or terminate processing due to lack of basis.

3. Internal Verification and Data Comparison: The Company checks booking data, schedules, tickets, payment documents, cameras, call/message recordings, goods/luggage handover, staff information, support partners, and other related documents if available.

4. Verification Result Feedback: The Company notifies the verification results, basis for determining responsibility, and appropriate resolution plan according to service policy, internal regulations, agreements between parties, and legal regulations.

5. Implementation of Resolution Plan: The Company implements the agreed plan or the plan within the Company's responsibility. If the customer disagrees with the plan, the parties continue to negotiate or exercise the right to complain/file a lawsuit according to legal regulations.

6. File Storage and Conclusion: Complaint files are stored according to internal and relevant legal regulations. Processing concludes when the Company has officially responded, implemented the responsible plan, or the case no longer meets the conditions for continued verification.

Typical processing time is 07 to 15 working days from when sufficient necessary information is received. For complex cases involving multiple parties, requiring camera/audio extraction, schedule checks, warehouse/terminal reconciliation, or awaiting conclusions from competent authorities, processing time may be extended; the Company will notify customers within a suitable scope.

7. Special Regulations for Goods and Luggage
7.1. Customer's Declaration and Packaging Obligations

· Customers must truthfully declare the name, quantity, characteristics, condition, and value of luggage, goods if requesting the Company to record the value or apply appropriate storage/fee plans.

· Fragile, perishable, liquid, odorous goods, electronics, machinery, important documents, high-value goods, or goods requiring special storage conditions must be notified before sending and packaged correctly.

· Customers are responsible for the legality of goods, documents, origin, declared content, and ensuring goods are not on the prohibited/restricted list according to legal regulations or the Company's service regulations.

· The Company is not obligated to check the detailed contents inside the package if the customer has sealed the package, unless required by law or there are abnormal signs.

7.2. Goods Not Declared or Incompletely Declared Value

If customers do not declare the value of luggage, goods at the time of sending, do not request value recording on the ticket, or do not provide valid value documents before an incident occurs, luggage, goods are understood as ordinary goods, not high-value goods. Any additional value declarations after an incident are only considered when there are independent, valid documents, dated before sending, and consistent with the actual goods.

The Company has the right to refuse compensation requests according to the value customers declare after an incident if there is no independent verification basis, the declared value does not match the type of luggage, goods, there are no valid invoices/documents, luggage, goods are not declared/packaged according to regulations, or customers cannot prove a causal relationship between the damage and faults within the Company's service scope.

7.3. Prohibited, Restricted, and High-Risk Goods

The Company has the right to refuse transportation or responsibility for goods on the prohibited/restricted list, dangerous goods, illegal goods, money, gold, foreign currency, valuable papers, special assets, original identification documents, important legal documents, flammable goods, chemicals, live animals, goods requiring specialized preservation, or other goods the Company does not accept for transportation, unless there is a separate written agreement and legal conditions are met.

8. Company's Scope and Limitations of Responsibility

The Company is only responsible for actual, direct damages with valid evidence arising from faults within the Company's service scope. The handling level is determined based on the degree of fault, verification data, actual condition, declared/accepted value at the transaction time, valid documents, and published service regulations.

Unless otherwise required by law or there is a separate written agreement between the parties, the Company is not responsible for:

· Indirect damages, expected profits, lost business opportunities, mental losses, unreasonable incurred costs, or damages not proven with valid evidence;

· Damages caused by the fault of the customer, recipient, sender, agent/third party not under the Company's control, or due to the customer providing incorrect/incomplete/late information;

· Prohibited luggage, goods, incorrectly declared luggage, undeclared value, no value documents, improperly packaged, self-repaired/moved/changed state before the Company checks;

· Incidents due to natural disasters, epidemics, wars, riots, objective traffic accidents, severe congestion, fires, technical incidents beyond reasonable control, requests from competent state agencies, or other force majeure events;

· Content of feedback, posts, comments, shares on social media not providing sufficient transaction data or showing signs of falsehood, insult, threat, or unlawful pressure.

Any refunds, support, compensation, or incentives, if any, only apply to specific cases and do not create a mandatory precedent for other cases. The Company reserves the right to request customers to sign a confirmation of having received support/refund/compensation and conclude the case before making payment.

9. Refunds, Support, and Compensation

The resolution plan may include one or more measures: explanation and apology; information adjustment; support for changing/cancelling/refunding schedules according to policy; support for finding/returning luggage, goods; repair/remediation within feasible scope; support for reasonable costs; direct damage compensation if there is sufficient basis to determine the fault within the Company's responsibility.

Refunds or compensation, if accepted, are made to the legally entitled person according to transaction data, documents, or Company confirmation. The Company has the right to request the original/copy of necessary documents, working minutes, owner confirmation of goods, account information for receiving money, and commitment to terminate complaints for the processed amount.

If it is found that the customer provides false information, forges documents, inflates goods value after an incident, or exploits complaints for profit, the Company has the right to refuse processing, recover any supported amounts, store the case file, and refer to competent authorities when necessary.

10. Dispute Resolution at Competent Authorities

If disputes cannot be resolved through negotiation, mediation, or the parties cannot agree on a resolution plan, each party has the right to submit the case to competent state management agencies, arbitration, or court according to Vietnamese law.

Unless otherwise required by law, the competent court is the court where the Company is headquartered or where the defendant resides/is headquartered according to procedural law. The applicable law is Vietnamese law.

During the dispute resolution process, the parties are responsible for preserving evidence, not disclosing false information, not obstructing each other's normal activities, and not infringing on the legal rights and interests of the other party.

11. Policy Publication, Effectiveness, and Amendment

This policy is publicly announced on the Company's official website/transaction channels and is effective from the time of posting or the time the Company announces its application.

This policy is an inseparable part of the Terms and Conditions of Service Use, Personal Information Privacy Policy, Payment Policy, Schedule Change/Cancellation/Refund Policy, and other service regulations of the Company announced at each time.

By booking schedules, sending goods, using services, continuing transactions, or contacting for support, customers are understood to have been facilitated access, have read, understood, and agreed to comply with this policy, unless otherwise required by law.

The Company reserves the right to amend and supplement the policy to suit business operations, risk management requirements, and legal regulations. Updated content will be announced on the official website/transaction channels and effective from the time the Company announces, unless otherwise required by law.

12. Contact Information for Complaint Resolution

Company Name

338 Travel Co., Ltd.

Business Registration Number

0106766690

Head Office Address

338 Tran Khat Chan

Complaint Reception Hotline

0914 077 779

Complaint Reception Email

xuhunglong@gmail.com