The following Terms & Conditions apply to any test drive booking requests and set out the agreement between VinFast Auto Canada Inc. (“VinFast”) , having its office at Suite 900, 2025 Willingdon Avenue Burnaby, British Columbia, V5C 0J3 and the company, partnership or individual receiving the benefit of the test drive (“you” and/or “your”) (the “Terms and Conditions” ”) and apply to the use of the VinFast vehicle provided to you for demonstration purposes (the “Vehicle”).
By requesting a test drive, you agree to be bound by these Terms & Conditions and any additional conditions and restrictions imposed by VinFast. Test drives are offered subject to availability and eligibility.
VinFast reserves the right to withdraw the test drive or to amend these Terms & Conditions without prior notice at any time, for whatever reason, and without any liability to you for doing so.
1. Term
1.1. VinFast reserve the right to refuse any request for a test drive in its sole discretion.
1.2. A booking constitutes your requested and confirmed date and time for the test drive at your selected VinFast Store or another specified address (where such option is available at the discretion of VinFast).
2. Title
2.1 Title to, and property of, the Vehicle shall remain with VinFast at all times.
3. The Vehicle
3.1. Vehicles for test drives are subject to availability. We cannot guarantee that a particular Vehicle or model will be available to test drive.
4. Test drive booking
4.1. To place a test drive booking, you will need to follow the instructions and submit the details set out on the applicable test drive booking form available on www.vinfastauto.ca/en or www.vinfastauto.ca/fr.
The process comprises:
4.1.1. selecting the Vehicle, you want to test drive;
4.1.2. selecting your preferred VinFast Store;
4.1.3. specifying your preferred date, time, and location (either at your preferred VinFast Store or another specified address where such option is available); and
4.1.4. providing us with some information about yourself including, but not limited to title, first name, surname, email address, Driver’s license ID and contact number.
4.2. By submitting your request for a test drive, your details will be shared with the selected VinFast Store (as per clause 15 below). Using the information you submit, your selected VinFast Store will contact you to confirm your booking and arrange the test drive.
4.3. VinFast’s services are limited to handling your request for booking the test drive with a VinFast Store. The VinFast Store will contact you directly to confirm the details of the appointment and will be responsible for supplying the test drive service itself. VinFast will arrange insurance cover for the purposes of the test drive.
5. Participant Requirements for test drives
5.1. To be eligible to a test drive, participants must:
i. Be aged 18;
ii. Have at least 2 years of driving experience; and
iii. Actively valid full license (no provisional license will be accepted).
5.2. Acceptable driving licenses are:
i. Driving license issued by a province/territory of Canada in English or French
ii. Driving license from jurisdictions outside Canada
iii. Where the driving license has been issued in a language other than English or French, it will only be accepted with a certified translation into English or French
iv. International driving license is only accepted together with a national driving license
5.3. You will be required to present your original driver’s license and identification at the beginning of your test drive and agree for your driving license to be copied for identification purposes. If you fail to present your driving license, the participating VinFast Store will be unable to continue with the test drive and it will be regarded as an abort test drive.
5.4. You hereby declare that:
i. You are in good health; your eyesight is of the standard required for road driving test and that you are not suffering any illness or disability which may make it unsafe for you to drive.
ii. You are not currently banned from driving by the authorities, and you will not proceed with a test drive if this changes before the appointment.
5.5. You are solely responsible for any decision as to your fitness to drive. If at any point you are not fit to drive, you must cease to take part in the Test Drive immediately.
6. Vehicle insurance
6.1. The Vehicle is insured by VinFast as follows:
i. Third party liability – within the scope legally required
ii. Full vehicle insurance – a full vehicle insurance is covered, however with liability as outlined in 14.2, which you are required to cover yourself: in the case of damage caused intentionally, or by misuse or neglect whilst test driving the Vehicle.
For avoidance of doubt, VinFast is not responsible for arranging any other form of vehicle insurance.
7. Vehicle Condition
7.1. No accessories or parts are to be removed from the Vehicle.
7.2. Strictly no pets and no smoking are allowed in the Vehicle.
8. Risk
8.1. Any loss or proven damage or injury to any vehicle or any person using the Vehicle or to any person as a consequence of the Vehicle or its use, shall be at your risk.
8.2. VinFast must be informed immediately of any accident, theft or any damage whatsoever caused to the Vehicle or any part of it.
8.3. In the event that the Vehicle has a failure during the Test Drive, you should immediately notify VinFast. You shall not carry out any repair to the Vehicle or any part of it neither access the Vehicle’s engine or electrical systems.
8.4. VinFast accepts no responsibility for any personal effects or belongings left in the Vehicle or lost or damaged during the Test Drive.
9. Connected Vehicles
9.1. The use of connected services and driver assistance systems is subject to the creation of a VinFast account so that you can manage your driving experience settings. If you do not create a VinFast account, the test will be reduced to minimal functionality that does not require connectivity (e.g., radio, road driving, heating).
10. Cancellations and Amendments
10.1 Any cancellations and amendments should be arranged by you with your selected VinFast Store directly.
11. Fines and Penalties
11.1. You shall, without limitation, pay promptly all bridge tolls and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the Vehicle during your period of use.
11.2. VinFast shall have the right to pay all bridge tolls and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the Vehicle during your period of use on your behalf and recover the costs of doing so in accordance with clause 14 below.
11.3. In addition, you shall not do anything in respect of or in connection with the Vehicle which may contravene relevant road traffic acts or any other applicable legislation.
11.4. Please note that VinFast will comply with its legal duties and shall provide information (including the supply of the your name and address) in response to any request from police and other relevant authorities for the purposes of identifying the user of a Vehicle at a particular date and time in respect to any alleged speeding/parking fines, penalties, and motoring offences.
12. Vehicle Use
12.1. The Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose or subject to unreasonable use. The Vehicle is only to be used under standard driving conditions unless otherwise agreed. The permission to use the Vehicle is granted to you personally, and you are not authorized to allow any other person to drive the Vehicle.
12.2. You shall not disengage any active safety features on the Vehicle.
12.3. The Vehicle must only be driven in Canada.
12.4. You will follow the designated routes and obey all instructions from VinFast or those employees/authorized agents responsible for running the Test Drive. Unnecessary stops and deviations from the designated routes are not permitted and if you fail to comply you may be prevented from driving further.
13. Termination
13.1. VinFast may terminate the test drive immediately by notice to you if:
13.1.1. You are banned from driving, for any period of time or convicted of a driving offence or cease to hold a valid driving license; or
13.1.2. You, in VinFast’s reasonable opinion, are under the influence of drugs or alcohol at the time of the test drive; or
13.1.3. You are in breach of any conditions of these terms & Conditions.
13.2. Termination for whatever reason is without prejudice to the rights duties and liabilities of either party accrued prior to termination. The provisions of these Terms & Conditions which expressly or by implication have effect after termination shall continue to be enforceable notwithstanding termination.
14. Liability
14.1. YOU ACCEPT THAT VINFAST GIVE NO WARRANTY OF ANY NATURE RELATING TO THE VEHICLE OTHER THAN THE STANDARD MANUFACTURER’S WARRANTY APPLICABLE TO THE VEHICLE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH THE EXCEPTION OF CONSUMERS RESIDING IN QUEBEC, VINFAST EXCLUDES ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW.
14.2. YOU SHALL INDEMNIFY VINFAST FOR ALL COSTS, LOSSES OR EXPENSES SUFFERED IN THE EVENT OF DAMAGE OR LOSS OF THE VEHICLE CAUSED INTENTIONALLY OR BY MISUSE OR NEGLECT WHILST TEST DRIVING THE VEHICLE.
15. Privacy notice
15.1. In order to manage your test drive booking request, VinFast will need to share your details with your selected VinFast Store. Your personal information will be processed in accordance with the VinFast’s privacy policy which can be found here.
15.2. Description of data processing activities
15.2.1. Purpose 1.0: Pre-sales relationship management
15.2.1.1. Description: Data captured to support your desire to evaluate a VinFast vehicle by a test drive
15.2.1.2. Personal information:
Names: First, Middle, Last
Mobile phone
Timeline to buy - optional
Next car desired features list - optional
15.2.1.3. Data Retention: 3 years from last interaction
15.2.1.4. Data Controller: VinFast Auto Canada Inc. (for Canadian Market).
15.2.1.4. Data processor:
Salesforce CRM
DMS system (implemented on Salesforce)
Call Center (for re-schedule/cancel a test drive session)
15.2.2. Sub purpose 1.1: Vehicle test by prospect for customer to experience VinFast vehicle
15.2.2.1. Description: Data captured to support your desire to evaluate a the Vehicle by a test drive
15.2.2.2. Personal Information:
License: Number, expiry, class, issuing authority
Schedule: Date and time for test drive
Acceptance of VinFast test drive terms and conditions and privacy policy: Date and time
Preferred location for test drive: Address
15.2.2.3. Data Retention: 3 years from last interaction. (License, till end of day of test drive).
15.2.2.4. Data controller: VinFast Canada
15.2.2.5. Data processor:
Salesforce CRM
DMS system (implemented on Salesforce)
Call Center (for re-schedule/cancel a test drive session)
Google Map Service
15.2.3. Sub purpose 1.2: Vehicle test by prospect for customer to experience VinFast vehicle
15.2.3.1. Description: Support the experience of charging during a test drive
15.2.3.2. Personal Information: No additional data
15.2.3.3. Data Retention: till end of day of test drive
15.2.3.4. Data Controller: VinFast Canada (for Canadian Market).
15.2.3.5. Data processor:
Salesforce CRM
DMS system (implemented on Salesforce)
Call Center (for re-schedule/cancel a test drive session)
HERE (Location service)
15.2.4. Purpose 2: Your desire to receive email marketing
15.2.4.1. Description: Captured to support your desire to receive email marketing
15.2.4.2. Personal Information:
i. Preference to receive email marketing
ii. Timeline to buy optional
iii. Next car desired features list Optional
15.2.4.3. Data Retention: 3 years from last interaction
15.2.4.4. Data controller: VinFast Canada (for Canadian Market).
15.2.4.5 Data processor:
Salesforce CRM
DMS system (implemented on Salesforce)
Call Center (for re-schedule/cancel a test drive session)
15.2.5. Purpose 3: Your communication preference with VinFast
15.2.5.1. Description: Data captured to support your communication preference with VinFast
15.2.5.2. Data: Communication preference phone / SMS / email
15.2.5.3. Data Retention: 3 years from last interaction
15.2.5.4. Data controller: VinFast Auto Canada Inc. (for Canadian Market).
15.2.5.5 Data processor:
Salesforce CRM
DMS system (implemented on Salesforce)
Call Center (for re-schedule/cancel a test drive session)
15.3 Exercising your rights
15.3.1 VinFast value your privacy and believe in your right to make informed decisions about your personal information. If you would like to make a request related to your personal information, by submitting a personal information request via DSR Form in the privacy section at www.vinfastauto.ca/en/privacy-policy or www.vinfastauto.ca/fr/privacy-policy
16. Force Majeure
VinFast shall be relieved of any liability arising out of any failure to fulfil an obligation under these Terms & Conditions the fulfilment of which is prevented as a consequence of an Act of God, war, fire, flood, explosion, epidemic, pandemic, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism or governmental act or interruption in utilities or any other cause beyond the reasonable control of the party.
17. Entire Agreement
These Terms & Conditions constitutes the entire understanding and agreement between the parties regarding the subject matter hereof.
18. General
18.1. You shall not be entitled to assign or otherwise dispose of these Terms & Conditions or any interest or benefit arising under these Terms & Conditions in any manner whatsoever whether in whole or part.
18.2. You agree that you shall not place any signage or advertising on, or mark in any way, the Vehicle.
18.3. These Terms & Conditions does not constitute, establish, or imply any partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party shall have, nor represent that it has, any authority to make or enter any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
18.4. Each party shall comply with applicable laws (including but not limited to those relating to data protection) and shall ensure it has in place adequate procedures to prevent bribery.
18.5. If any of these clauses should be determined to be illegal, invalid, or otherwise unenforceable then it shall be severed and deleted from these Terms & Conditions and the remaining clauses shall survive and remain in full force and effect.
18.7. VinFast reserves the right to amend these Terms & Conditions at any time without notice.
19. Governing Law
The construction, validity and performance of these Terms and Conditions shall be governed in all respects by the laws of the Province/Territory of residence, and the federal Laws of Canada applicable and the parties irrevocably agree that the Courts of such province or territory shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with these Terms and Conditions.
