POLICY AND PROCEDURE FOR DISPUTE RESOLUTION - COMPLAINTS
Applicable to the Company's services
1. Basis and purpose of application
This policy stipulates 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 Law on Consumer Protection 2023, Decree No. 55/2024/ND-CP, Decree No. 52/2013/ND-CP on e-commerce as amended and supplemented by Decree No. 85/2021/ND-CP, Decree No. 10/2020/ND-CP on business and business conditions for road transport by automobile, along with other amending, supplementing documents and related legal documents.
The objective of the policy is to ensure transparent, good-faith, and evidence-based handling of complaints; while clearly defining the obligation of customers to provide information and evidence, and the limits of the Company's legal responsibility.
2. Scope of complaints and disputes received
· Scheduling, booking, rescheduling, cancelling, refunding, adjusting itineraries or transactions arising through the website, hotline, office, agency, application, or official channels of the Company.
· Quality of passenger transport services, itineraries, pick-up/drop-off points, accompanying luggage, service attitude of personnel within the Company's management scope.
· Transporting, delivering, storing goods, luggage, including loss, shortage, delay, error, damage, or related costs.
· Payment, reconciliation, invoices/documents, transaction codes, and financial content directly related to the 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 the services provided by the Company and still verifiable.
The Company is not obliged to handle under this policy for complaints not arising from the Company's services, complaints about 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 legitimate rights and interests of the Company, personnel, or related parties.
3. Principles of resolution
· Prioritize negotiation, mediation, and goodwill but do not admit responsibility until verification is complete.
· Handle based on actual data: itinerary/ticket, transaction code, camera, call recordings, vehicle schedule, handover records, images, payment documents, personnel information, and related documents.
· The Company's responsibility only arises for actual, direct damages with valid evidence and a causal relationship with faults within the Company's service scope.
· Customers are obliged to provide truthful, complete, timely information; preserve documents and cooperate in verification. Incorrect, incomplete declarations, invalid evidence, or changes in testimony after the incident are grounds for the Company to refuse or limit handling options.
· The Company protects the legitimate rights of customers but reserves the right to refuse unfounded requests, requests beyond the scope of responsibility, requests for indirect damage compensation, or requests contrary to published service regulations.
· Any support beyond legal responsibility, if any, is considered goodwill customer care policy and should not be understood as the Company admitting fault or obligation to compensate 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 care hotline;
· The Company's official email;
· Written documents, working minutes, or direct feedback at the office/branch;
· Electronic forms, website, application, or other official contact channels announced by the Company.
When sending a complaint, customers need to provide at least the following information:
· Full name, phone number, contact address/email;
· Itinerary code, booking code, ticket code, transaction code, or transaction identification information if available;
· Specific complaint content, proposed request, and basis of the request;
· Time, place of the incident; itinerary, vehicle number, sending/receiving point, or related information;
· Documents, images, videos, invoices, receipts, 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 the time the Company receives the minimum necessary information for verification.
5. Time limit for sending and receiving complaints
To ensure verification data remains intact, customers need to send complaints as soon as the incident is detected. Unless otherwise required by law, the Company applies the following reference reception time limits:
Incident group
Recommended time limit for sending complaints
Itinerary, booking, change/cancel/refund
Within 07 working days from the date of occurrence or date of service use
Luggage, goods, missing, wrong, damaged
At the time of receipt
Goods, luggage suspected of being lost/not delivered
Immediately when the expected delivery time is exceeded or when notified of the incident
Service quality, personnel 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 sent beyond the above time limits if the verification data is no longer available, the status of goods has changed, goods have been used/moved/repaired, evidence is no longer objective, or the incident no longer has sufficient grounds to determine responsibility, unless otherwise required by law or the Company decides to accept on a goodwill basis.
6. Complaint resolution procedure
1. Reception and classification: The Company records the content, checks initial information, classifies the case by itinerary group, passenger transport, goods, payment, personal data, or other groups.
2. Request for additional information: If the file lacks sufficient grounds, the Company notifies the content 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 grounds.
3. Internal verification and data comparison: The Company checks booking data, itinerary, ticket, payment documents, camera, call/message recordings, goods, luggage handover, personnel information, supporting partners, and other related documents if available.
4. Verification result feedback: The Company notifies the verification results, basis for determining responsibility, and handling plan in accordance with service policy, internal regulations, agreements between parties, and legal regulations.
5. Implementation of handling 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/sue according to legal regulations.
6. File storage and closure: Complaint files are stored according to internal regulations and related laws. Processing ends when the Company has officially responded, implemented the plan within responsibility, or the case no longer meets the conditions for further verification.
Normal processing time is from 07 to 15 working days from receipt of necessary information. For complex cases involving multiple parties, requiring camera/recording extraction, itinerary 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, 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 shipping list according to legal regulations or the Company's service regulations.
· The Company is not obliged to check the detailed content inside the package if the customer has sealed it, unless required by law or there are abnormal signs.
7.2. Goods not declared or incompletely declared
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 the incident, luggage, goods are understood as ordinary goods, not high-value goods. Any additional value declarations after the incident are only considered when there are independent, valid documents dated before sending goods and consistent with actual goods.
The Company has the right to refuse compensation requests according to the value customers declare after the incident if there is no independent verification basis, the declared value is inconsistent with the type of luggage, goods, there are no valid invoices/documents, luggage, goods are not declared/packaged according to regulations, or customers cannot prove the 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 to transport or refuse responsibility for goods on the prohibited/restricted shipping list, dangerous goods, illegal goods, money, gold, foreign currency, valuable papers, special assets, original identity documents, important legal documents, flammable, explosive goods, chemicals, live animals, goods requiring specialized storage, or other goods the Company does not accept for transport, unless there is a separate written agreement and compliance with legal conditions.
8. Scope and limits of the Company's 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 status, declared/accepted value at the time of transaction, valid documents, and published service regulations.
Unless otherwise required by law or agreed separately in writing, the Company is not responsible for:
· Indirect damages, expected profits, lost business opportunities, mental losses, unreasonable costs, or damages not proven with valid evidence;
· Damages due to 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, goods without declared value, without value documents, improperly packaged, self-repaired/moved/changed status 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 reflections, posts, comments, shares on social networks not providing sufficient transaction data or showing signs of falsehood, insult, threat, 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 require customers to sign a confirmation of receipt of support/refund/compensation and to conclude the case before making payment.
9. Refunds, support, and compensation
The handling plan may include one or more measures: explanation and apology; information adjustment; support for changing/cancelling/refunding itineraries according to policy; support for finding/returning luggage, goods; repair/remedy within feasible scope; support for reasonable costs; compensation for direct damages if there is sufficient basis to determine the Company's responsibility.
Refunds or compensation, if accepted, are made to the person legally entitled to receive according to transaction data, documents, or Company confirmation. The Company has the right to request original/copy of necessary documents, working minutes, confirmation of goods ownership, payment account information, and commitment to terminate complaints for the processed amount.
If it is found that the customer provides false information, falsifies documents, inflates goods value after the incident, or exploits complaints for profit, the Company has the right to refuse processing, recover supported amounts if any, file the case, and transfer 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 handling 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 publishing false information, not obstructing each other's normal activities, and not infringing on the rights and legitimate interests of the other party.
11. Publication, effectiveness, and amendment of policy
This policy is publicly announced on the Company's official website/transaction channel 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, Itinerary Change/Cancellation/Refund Policy, and other service regulations of the Company announced at each time.
By booking itineraries, sending goods, using services, continuing transactions, or contacting for support, customers are understood to have been given 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 activities, risk management requirements, and legal regulations. Updated content will be announced on the official website/transaction channel 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 Code
0106766690
Head Office Address
338 Tran Khat Chan
Complaint Reception Hotline
0914 077 779
Complaint Reception Email