Terms and Conditions of Carriage
1. Definitions and Interpretation
1.1. "Company" means Christopher Lingley trading as The SA Vietnam Shipping Company, its agents, employees, subcontractors, and authorized representatives.
1.2. "Customer" means the person, firm, company, or entity contracting with the Company for the carriage of Goods, including the Sender and/or Receiver.
1.3. "Goods" means the cargo, parcels, documents, packages, or items accepted for carriage under these Terms.
1.4. "Carriage" means the entire transportation process from acceptance of Goods to delivery, including any storage, consolidation, handling, or transshipment.
1.5. "Booking" means a confirmed request for Carriage made via the Company's website, email, or other approved channel.
1.6. "Tracking Reference" means the unique identifier assigned to each Booking.
1.7. "Territories" means the Socialist Republic of Vietnam, the Republic of South Africa, and the Kingdom of Thailand, where the Company operates or transits through.
2. Acceptance of Terms
2.1. By making a Booking, submitting Goods for Carriage, or using the Company's website or services, the Customer unconditionally accepts these Terms and Conditions.
2.2. These Terms supersede any prior agreements, representations, or understandings, whether written or oral.
2.3. No variation to these Terms is binding unless agreed in writing by an authorized representative of the Company.
2.4. These Terms comply with:
- South Africa: Consumer Protection Act No. 68 of 2008, Electronic Communications and Transactions Act No. 25 of 2002, and the Air Services Licensing Act No. 115 of 1990.
- Vietnam: Civil Code No. 91/2015/QH13, Commercial Law No. 36/2005/QH11, Customs Law No. 54/2014/QH13, and Decree No. 103/2015/ND-CP on air cargo.
- Thailand: Civil and Commercial Code (Book IV Carriage), Air Navigation Act B.E. 2497 (1954), Customs Act B.E. 2469 (1926), and Consumer Protection Act B.E. 2522 (1979).
3. Booking and Formation of Contract
3.1. Booking Process: All Bookings must be made through the Company's website, in writing, or via approved channels. A Booking is confirmed only when the Customer receives a Tracking Reference and confirmation email. The Company reserves the right to decline any Booking without providing a reason.
3.2. Minimum Charge: A minimum chargeable weight of 2 kilograms (kg) applies to all parcel shipments. Document shipments are accepted up to a maximum of 500g and are subject to the applicable flat rate. Any submission described as a document that exceeds 500g will automatically be re-rated and charged at parcel rates.
3.3. Quotations: Quotes provided via the online Rate Calculator are estimates only and not binding until confirmed in writing. The final price may be adjusted if actual dimensions, weight, or declared contents differ from the Booking information.
3.4. Cut-off Dates: Bookings close 3 calendar days before the scheduled departure date. Late Bookings may be accepted at the Company's discretion with an additional surcharge.
4. Prohibited and Restricted Goods
4.1. Absolutely Prohibited Goods (Never Accepted)
| Category | Examples |
|---|---|
| Dangerous Goods (IATA) | Explosives, fireworks, ammunition, flares |
| Flammables | Gasoline, lighter fluid, aerosols, propane cylinders |
| Oxidizers & Peroxides | Bleach, pool chemicals, hydrogen peroxide |
| Toxic & Infectious | Poisons, medical waste, biological samples |
| Narcotics | Illegal drugs, controlled substances without prescription |
| Weapons | Firearms, replica weapons, tasers, knives over 10cm |
| Counterfeit Goods | Fake branded products, pirated media |
| Perishables | Fresh meat, seafood, produce (without special permit) |
| Live Animals | Any live animal or insect |
| Currency | Cash exceeding statutory limits per applicable law |
Consequences: Prohibited Goods discovered during inspection will be confiscated immediately, reported to authorities, destroyed at the Customer's expense, and the Customer may face fines or prosecution under Vietnamese, South African, and/or Thai law.
4.2. Restricted Goods (Require Declaration)
| Category | Requirements |
|---|---|
| Electronics & Devices | Purchase receipts, maximum 2 units per shipment for personal use |
| Medicines & Pharmaceuticals | Doctor's prescription, maximum 3month supply |
| Liquor & Tobacco | Within dutyfree limits (2L alcohol, 400 cigarettes or 500g tobacco) |
| Food (packaged) | Commercially sealed, shelfstable, no meat products to certain destinations |
| Cosmetics | Personal quantity, original packaging, no aerosols |
| Precious Metals & Stones | Appraisal certificate, insurance recommended |
| Art & Antiques | Export permit may be required (especially from Thailand and Vietnam) |
Failure to declare restricted Goods constitutes a material breach and may result in seizure, fines equal to 200500% of the Goods' value, and legal action at the Customer's expense.
5. Customs, Duties and Taxes
5.1. Customer Responsibility: The Customer is solely responsible for ensuring all Goods comply with import/export laws of Vietnam, South Africa, Thailand, and any transit countries. The Customer must provide accurate commercial invoices, packing lists, and any required certificates.
5.2. Duties and Taxes: All customs duties, import VAT, excise taxes, and other government charges are payable by the Customer or Receiver. The Company may pay duties on behalf of the Customer and charge a handling fee (maximum 5% of duty amount or USD 15, whichever is lower).
5.3. Customs Inspections: Goods are subject to random or targeted inspection. The Company is not liable for delays caused by customs clearance, examinations, or detentions.
5.4. Incorrect Declarations: If the Customer underdeclares value or misrepresents contents, the Company reserves the right to hold the Goods until correct documentation is provided, charge an administrative penalty of USD 50, and report the violation to customs authorities.
6. Packing, Weight and Measurement
6.1. Goods must be packed securely and appropriately for air carriage. The Company is not liable for damage caused by inadequate packing.
6.2. Volumetric Weight: Charges are based on the higher of actual weight (kg) or volumetric weight (Length Width Height (cm) 5000).
6.3. Minimum Charge: A minimum chargeable weight of 2 kg applies to all parcels.
6.4. Oversize Goods: Goods with total girth (L+W+H) between 158cm and 299cm incur an oversize surcharge. Goods with girth 300cm are not accepted.
6.5. Heavy Goods: 2332 kg: heavy surcharge. Over 32 kg: additional heavy surcharge. Goods exceeding 50 kg require prior written approval.
7. Pricing, Payment and Insurance
7.1. Pricing: All prices are quoted in Vietnamese Dong (VND) and South African Rand (ZAR). Thai Baht (THB) conversions are estimates. The Company may adjust prices due to fuel surcharges or currency fluctuations with 7 days' notice.
7.2. Payment: Payment must be made before Carriage commences unless credit terms are agreed in writing. Accepted methods: bank transfer (preferred), PayPal, cash on collection (subject to prior approval and subject to statutory cash-handling limits).
7.3. Insurance: Goods are not automatically insured. Optional insurance is not currently available for purchase. The Company may reintroduce optional insurance in future; any such offering will be described on the website at the time it becomes available.
7.4. Refunds: Cancellations more than 48 hours before departure: 90% refund. Less than 48 hours: no refund. No refunds for customs seizures, delivery delays, or failed deliveries due to incorrect addresses.
8. Delivery, Timing and Liability
8.1. Delivery Timeframes: Estimated delivery times are indicative only (standard air carriage: 7-14 business days from departure). The Company is not liable for delays caused by force majeure, customs holds, incomplete addresses, or government acts.
8.2. Failed Delivery Attempts: Two attempts will be made. After two failures, Goods are held at the nearest depot for 14 days. Thereafter storage fees of USD 5/day apply. After 30 days, Goods may be disposed of or auctioned.
8.3. Undeliverable or Refused Goods: If the Receiver refuses delivery, the Sender must arrange return carriage at their own expense. If not arranged within 30 days, Goods will be disposed of.
9. Limitation of Liability
9.1. Company Liability Cap: The Company's maximum liability for loss or physical damage to Goods is limited to USD 50 per kg of chargeable weight, or USD 500 per shipment (whichever is lower). This cap does not apply to a shipment for which the Customer purchased additional insurance at the time of booking, while that option was offered.
9.2. Exclusions of Liability: The Company is not liable for indirect or consequential damages, inadequate packing, perishable spoilage, customs seizure, theft after delivery, loss of documents/data, or delays (except gross negligence).
9.3. ThirdParty Carriers: Carriage by third parties is subject to their own limitations (Montreal Convention or Warsaw Convention). The Company passes through these limitations.
9.4. Claims Procedure: Damage claims within 7 days of delivery; loss claims within 30 days of expected delivery. Claims must be in writing with supporting evidence. Failure to comply waives the right to claim.
10. Customer Warranties and Indemnity
10.1. Customer Warranties: The Customer warrants they have legal title, all information is accurate, Goods comply with laws, no prohibited Goods are included, and restricted Goods are fully declared.
10.2. Indemnity: The Customer indemnifies the Company against all fines, penalties, duties, legal costs, and damages arising from the Customer's breach.
11. Personal Data and Privacy
The Company collects personal data for processing Bookings, customs compliance, and marketing (with consent). Data may be shared with customs authorities, thirdparty carriers, and payment processors. Customers have the right to access, correct, or request deletion of their data (subject to legal retention). Booking data is retained for 7 years. See our full Privacy Policy for details.
12. Force Majeure
Neither party is liable for failure caused by natural disasters, war, terrorism, government actions, pandemics, or failure of airlines/infrastructure. If a force majeure event continues for more than 30 days, either party may cancel without penalty, and the Company will refund amounts paid less costs already incurred.
13. Dispute Resolution and Governing Law
14.1. Governing Law: These Terms are governed by the laws of the country of origin (Vietnam, South Africa, or Thailand). For crossborder disputes, Vietnamese law applies.
14.2. Dispute Resolution Process: Informal negotiation (14 days) Mediation (30 days) Binding arbitration (VIAC in HCMC, AFSA in Johannesburg, or THAC in Bangkok).
14.3. Small Claims: Claims under USD 1,000 (or equivalent) may be resolved in the appropriate small claims court.
14.4. Legal Costs: Each party bears their own costs unless the arbitration panel orders otherwise.
14. Termination and Suspension
The Company may suspend or terminate services immediately if the Customer breaches any material term, submits prohibited Goods or false information, fails to pay within 14 days, or becomes insolvent. Suspension does not affect the Company's right to retain Goods until fees are paid or pursue legal action.
15. General Provisions
16.1. Severability: If any provision is invalid, the remaining provisions remain in force.
16.2. Entire Agreement: These Terms constitute the entire agreement.
16.3. Assignment: The Customer may not assign rights without written consent.
16.4. Notices: Notices must be sent to admin@thesavietnamshippingcompany.co.za or the Customer's email on file.
16.5. Language: The English version prevails in case of inconsistency.
16. Customer Acknowledgment
BY MAKING A BOOKING, SUBMITTING GOODS, OR USING THE COMPANY'S SERVICES, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE:
- Read and understood these Terms and Conditions in full.
- Had the opportunity to seek independent legal advice.
- Accepted the limitations of liability, indemnity, and dispute resolution provisions.
- Agreed to comply with all customs and import/export laws of Vietnam, South Africa, and Thailand.
- Confirmed that no prohibited Goods are included in the shipment.
- Declared all restricted Goods accurately.
17. Contact Information
Vietnam Office: 203 Ly Dao Thanh, An Hai, Da Nang, Vietnam South Africa Office: Unit 17, Selrose Park South, Griffiths Road, Equestria, Pretoria, 0184
Last Updated: 8 August 2026 Next Review Date: 1 June 2027
Appendix A Summary of Customer Obligations (Quick Reference)
- Accurate declaration: Provide correct weight, dimensions, value, and contents
- No prohibited items: Review prohibited list before shipping
- Declare restricted items: Include documentation for electronics, medicines, alcohol, tobacco
- Proper packing: Pack securely for air carriage
- Pay duties & taxes: Responsible for all customs charges
- Insurance (recommended): Purchase optional coverage for valuable goods
- Timely claims: Report damage within 7 days, loss within 30 days
Appendix B Definitions of JurisdictionSpecific Terms
| Term | Vietnam | South Africa | Thailand |
|---|---|---|---|
| Small Claims Limit | VND 10,000,000 | ZAR 20,000 | THB 300,000 |
| Statute of Limitations (claims) | 2 years | 3 years | 2 years |
| Consumer protection authority | Vietnam Competition and Consumer Authority | National Consumer Commission | Office of the Consumer Protection Board |
| Arbitration body | VIAC (HCMC) | AFSA (Johannesburg) | THAC (Bangkok) |