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, time limits, 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 current Vietnamese law, 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 and supplemented by Decree No. 85/2021/ND-CP, Decree No. 10/2020/ND-CP on business and business conditions for transportation by automobile, along with other amended, supplemented, and related legal documents.
The objective 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
· Scheduling, booking, rescheduling, canceling, 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 service attitude of personnel under the Company's management.
· Transportation, delivery, storage of goods, luggage, including cases of 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 having sufficient basis for verification.
The Company is not obligated to handle under this policy any 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, personnel, or related parties.
3. Principles of Resolution
· Prioritize negotiation, mediation, and good faith but do not acknowledge responsibility until verification is completed.
· Handle based on actual data: schedule/ticket, transaction code, camera, call recording, vehicle schedule, handover minutes, 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 obligated to provide truthful, complete, and timely information; preserve documents and cooperate in verification. Incorrect declarations, incomplete declarations, providing invalid evidence, or changing statements after the occurrence 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 unfounded requests, requests beyond responsibility scope, requests for indirect damage compensation, or requests contrary to published service regulations.
· Any support beyond legal responsibility, if any, is considered a goodwill customer care policy and should not be understood as the Company acknowledging fault or obligation to compensate in other cases.
4. Methods of Receiving Complaints
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, app, 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;
· 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, place of occurrence; 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 customers to supplement. 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 they discover the incident. Unless otherwise required by law, the Company applies the following reference reception time limits:
Incident Group
Recommended Complaint Submission Time
Schedule, booking, change/cancel/refund
Within 07 working days from the date of occurrence or service use
Luggage, goods, missing, wrong, damaged
At the time of receipt
Goods, luggage suspected lost/not delivered
As soon as the expected delivery time is exceeded or when notified of an incident
Service quality, personnel attitude
Within 03 working days from the time of occurrence
Personal information/customer data
According to current privacy policy and legal regulations
The Company has the right to refuse or limit processing for complaints sent beyond the above time limits if verification data is no longer available, the goods' condition has changed, goods have been used/moved/repaired, evidence is no longer objective, or the incident no longer has sufficient basis to determine responsibility, unless otherwise required by law or the Company decides to accept based on goodwill.
6. Complaint Resolution Process
1. Reception and Classification: The Company records the content, checks initial information, and classifies the case according to 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 to be supplemented. Customers are responsible for cooperating within a suitable time; 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, schedule, ticket, payment documents, camera, call/message recordings, goods handover, luggage, personnel information, supporting partners, and other related documents if available.
4. Verification Result Feedback: The Company informs the verification results, basis for determining responsibility, and resolution plan in accordance with 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/litigate according to legal regulations.
6. File Storage and Conclusion: Complaint files are stored according to internal regulations and related laws. Processing concludes when the Company has officially responded, implemented the plan within responsibility, or the case no longer meets conditions for further verification.
Processing time is usually from 07 to 15 working days from receiving sufficient necessary information. For complex cases involving multiple parties, requiring camera/recording extraction, schedule checking, warehouse/terminal comparison, or awaiting conclusions from competent authorities, processing time may be extended; the Company will notify customers within a suitable scope.
7. Special Provisions 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 preservation/fee plans.
· Fragile, perishable goods, liquids, 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, declaration content, and ensuring goods are not on the prohibited sending/transport 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 it, unless required by law or there are abnormal signs.
7.2. Undeclared or Incompletely Declared Value Goods
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, and consistent with the 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 were not declared/packaged according to regulations, or customers cannot prove the causal relationship between the damage and the fault 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 sending/transport list, dangerous goods, goods violating the law, money, gold, foreign currency, valuable papers, special assets, original personal documents, important legal documents, flammable goods, chemicals, live animals, goods requiring specialized preservation, or other goods that the Company does not accept for transportation, unless there is a separate written agreement and compliance with legal conditions.
8. Scope and Limitations 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 condition, declared/accepted value at the time of transaction, valid documents, and published service regulations.
Unless otherwise required by law or the parties have a separate written agreement, 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 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 goods, undeclared value, no value documents, improperly packaged, already self-repaired/moved/changed condition before the Company's inspection;
· Incidents due to natural disasters, epidemics, wars, riots, objective traffic accidents, serious 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.
All 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 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/canceling/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 recipient according to transaction data, documents, or the Company's confirmation. The Company has the right to request original/copy of necessary documents, working minutes, owner confirmation of goods, payment account information, and commitment to end complaints for the processed amount.
If it is discovered that customers provide false information, falsify documents, inflate goods value after an incident, or exploit complaints for profit, the Company has the right to refuse processing, recover any supported amount if any, file the case, and refer to competent authorities if 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/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 legal interests of the other party.
11. Policy Publication, Effectiveness, and Amendment
This policy is publicly announced on the Company's official website/transaction channel and takes effect 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/Cancel/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 deemed 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 activities, risk management requirements, and legal regulations. Updated content will be announced on the official website/transaction channel and take effect from the time the Company announces it, 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