These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with The trading as Gatwick Haj and Umrah LTD (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
2021 CONDITIONS (CORONAVIRUS REFUND RULES)
As you are aware, during this unprecedented time, rules and guidance on travel and border entry are constantly changing.
Before booking and again before travel we recommend that you check any restrictions that may be in place directly with the airline, foreign office website and any embassy sites. Please make sure you are aware of any visa restrictions, COVID test requirements, border closures or flight cancellations.
Please be advised that we will assist in any way we can to help, should circumstances change after you have booked with us. However any changes or refunds will be subject to admin charges, as these situations are beyond our control. Refunds will only be passed on, if and when they are received from an airline and Gatwick Haj and Umrah Ltd will not be liable for any delays or if refunds do not arrive from an airline. As always we will do our almost to make sure refunds are claimed and credited in a timely manner.
Masjid Al Aqsa / Jerusalem packages
We will not be able to give cash refunds to any clients.
This is due to signed agreements and advance payments
We may be able to give Credit notes if we cancel your trip or if the airline or hotel cancel the trip.
Cash refunds for Jerusalem is not an option and you (the customer agree to this before booking your trip )
We will do our upmost best to make the trip happen at it’s given time.
The above is in additions to any normal terms and conditions, before booking please make sure you have advised your client of the above and that both you and your client are in agreement.
We act in the following capacities: as a Package Organiser, a Flight-Plus arranger and as an agent to help you to arrange individual flight only, accommodation only or other separate travel arrangements (Individual holiday product). Our obligations to you vary depending upon which arrangements you book with us and whether we’re acting as an Package Organiser, a Flight-Plus arranger or an agent, and we have tried to set them out below as clearly as possible. Section A applies to package holiday bookings where we are the Package Organiser and Section B applies to those bookings we make as an agent. Section C contains the conditions which will apply to all bookings, regardless of whether we’re acting as Package Organiser or Agent.
SECTION A: WHERE WE ACT AS A PACKAGE ORGANISER AND FLIGHT PLUS ARRANGER.
This section applies to all package holiday bookings where Gatwick Haj and Umrah LTD is the Package Organiser. For these bookings, your contract will be with us and this will be specified on your confirmation invoice. Please read this section in conjunction with Section C of these Booking Conditions.
Definition of Package: A package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Where you have booked a Package Holiday and your contract is with us, we will accept responsibility for it in accordance with these Booking Conditions as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
- Booking and Paying For Your Arrangements
A booking is made when a) you tell us that you would like to accept our written or verbal quotation; and b) you pay us the applicable deposit (or full payment if you’re booking within 42 days of departure); and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.
If your confirmed arrangements include a flight, you will also receive an ATOL Certificate, as well as the booking confirmation. Upon receipt, if you believe that any details on the ATOL Certificate, booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
We rely on the information that you provide as being accurate and therefore cannot be held responsible if your e-tickets do not arrive due to an incorrect email address. You must inform us immediately of a change of address, telephone number, email address. It is highly recommended that you provide a mobile telephone number to us on booking as this will allow us to contact you more easily where a travel impacting event such as weather or civil unrest occurs.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any mone
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 42 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 5 below will become payable.
- Non Attendance
If you do not check-in for the first night of your reservation, but plan to check-in for subsequent nights, you must confirm the reservation changes with us no later than the original date of check-in to prevent cancellation of the whole reservation. If you do not confirm the reservation changes with us the whole reservation may be cancelled and refunds will only be due in line with the applicable cancellation clauses.
- Additional Taxes and Local Charges
Hotels may require an additional charge to be paid locally (e.g. a resort fee) or local taxes may be levied but not paid at the point of purchase that are payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the hotel at the time of check-in/checkout.at the time of check in or check out.
- Minimum Numbers
Please note that all our Hajj & Umrah Packages require a minimum number of participants in order to operate and you accept that your booking is always subject to this stipulation. If the minimum number of participants for a particular Hajj & Umrah package is not met, unfortunately we will have to cancel your booking. In this case, you will be notified of the cancellation and given the option to book onto an alternative package or a full refund of all monies paid if this is not possible. However, we will not cancel your booking for this reason less than 30 days prior to the date of departure.
- Check-in
As per the guidelines, the guest is required to submit cash or a valid credit card as security deposit at the time of check-in.
Unless otherwise confirmed in writing, children travelling with parents will be accommodated in existing bedding.
Upon check-in, you must present a valid ID and credit card in your name. Debit cards may not be accepted.
- Pricing
The price of your confirmed arrangements is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed holidays.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements . You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmedtravel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) , you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements . Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
- Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £35 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may not be possible to transfer your booking to another suitable person.
Please note that this option will not be available unless the transferee meets all visa and passport stipulations applicable to Hajj & Umrah packages
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
- If you cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):
Period before departure | Cancellation charge per person |
More than 42 days | Deposit |
29-42 days | 50% |
15-28 days | 70% |
08-14 days | 90% |
01-07 days | 100% |
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
- If We Change or Cancel
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Most alterations will be minor and while we will do our best to notify you or your travel agent of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:
– Any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type.
– A change of outward departure time or overall length of your holiday of twelve hours or less.
– A change of accommodation to another of the same standard or classification.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:
– A change of accommodation area for the whole or a significant part of your time away.
– A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your arrangements of twelve or more hours.
– A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
– A significant change to your itinerary, missing out one or more destination entirely.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for major changes) accepting the changed arrangements,
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
We will not pay you compensation in the following circumstances:
– where we make a minor change;
– where we make a major change or cancel your arrangements more than 30 days before departure;
– where we have to cancel your arrangements as a result of your failure to make full payment on time;
– where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
– where we are forced to cancel or change your arrangements due to Force Majeure (see clause 22); or
– we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached, (we will tell you if we have to cancel for this reason not less than 30 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
- Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
- Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact 0203 409 0656. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us on info@gatwickhajjandumrah.co.uk within 28 days of the end of your stay , giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Because the contract for your arrangements is between you and the supplier/principal, any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier/principal or their representative immediately. If you fail to follow this procedure there will be less opportunity for the supplier/principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the supplier/principal. You will see their name and contact details in any confirmation documents we send.
- Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
- Our Responsibilities
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party un connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claimsis£10 per person . This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
- i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
14 . Flight-Plus bookings
(1 ) What is a Flight-Plus?
(a) A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus.
(b) If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus; provided that they are booked the day of, day before, or the day after you booked the flight
(c) A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. (A Package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.)
(d) A flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
(e) A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the requirements in paragraph (1) are no longer satisfied.
(f) Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
(2) Flight-Plus Liability
(a) The failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
(b) If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus we will provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
(c) If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus we will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
(d) If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
(e) Where suitable alternative arrangements are provided as set out in clause 14 (2) (b) – (d) above, we will where appropriate, pay you reasonable . £10 per person to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
- Your Financial Protection
We provide financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights through our ATOL Licence issued by the Civil Aviation Authority.
The information below applies only if you are a resident of the United Kingdom (excluding Channel Islands and Isle of Man).
Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate .
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Please check our booking terms and conditions for information, or for more information about financial protection and the ATOL Certificate go to :www.atol.org.uk/ATOLCertificate
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you book arrangements other than an ATOL protected flight or Package from us, your monies will not be financially protected. Please ask us for further details.
- Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel, Package Holidays and Package Tours Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 10 ( 2) (a) (b) (c) or (d) of these Booking Conditions , we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers . Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
Where a confirmed booking has been made for any service including flights, car hire, accommodation and packages but this is not utilized and you fail to check in for your flight /accommodation or collect your rental vehicle a refund may not be available and cancellation charges of up to 100% may be applied by the relevant supplier.
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en ) detailing air carriers that are subject to an operating ban with the EU Community.
This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
SECTION B: WHERE WE ACT AS AN AGENT.
We also sell holidays and other services as an agent on behalf of other tour operators and supplier/principals (“supplier/principals”). You will know when we’re acting as agent as we will specify this on our confirmation invoice and provide you with the name of the supplier/principal with whom your contract is. Because we’re an agent, we cannot accept any liability for the provision of these arrangements or for the acts or omissions of any supplier/principal or other person(s) or party(ies) connected with the arrangements. Your booking is subject to these Booking Conditions and the specific booking conditions of the relevant supplier/principal you contract with and you are advised to read both carefully prior to booking. The supplier/principal’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions are available on request from us.
You can purchase separate, individual elements on our website (e.g. accommodation only or flight only). You may also decide to book more than one separate element with us at the same time. The price charged in total for more than one element will always equal the prices charged separately for each individual element. All elements are available to be purchased separately at the same price as they are when more than one element is purchased. This means that any bookings of multiple elements do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
- Booking and payment
In order to confirm your chosen arrangements, you must pay a deposit or full payment as required by the supplier/principal of the arrangements in question. You must also pay all applicable insurance premiums and booking fees. Your booking is confirmed and a contract between you and the supplier will exist when we send you a booking confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier/principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the supplier/principal concerned, all monies you pay to us for arrangements will be held on behalf of the supplier/principal concerned.
- Changes and Cancellations by you
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect on the day we receive it. Proof of posting is not proof of receipt; therefore you are advised to also confirm all changes with us by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier/principal of your arrangements. The supplier/principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £35 per person .
Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most ‘no frills’ airlines have cancellation charges of 100% from time of booking.
Notes: All booking which are completed directly on our website and put for Cancellation/Refund/Reissue or Rescheduling for any reason are subject to an administrative charge £50 Per Ticket over and above the Airline charges.
- Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the supplier/principal needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier/principal in relation to any alternative arrangements offered by the supplier/principal but we will have no further liability to you.
- Our responsibility for your booking
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
SECTION C: ALL BOOKINGS
- Making a Booking & Payment
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
(b) he/she consents to our use of information in accordance with our Privacy Policy;
(c) he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(d) he/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.
Online Payments:
All online payments are subject to the following conditions:
- We cannot accept liability for a payment not reaching the intended account due to a customer quoting an incorrect account number in case of online bank transfer.
- We cannot accept liability if payment is refused or declined by the credit/debit card supplier (due to the customer quoting incorrect card details or other reasons).
- If the card supplier declines or double charged we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that the correct payment has been deducted from your account.
- In no event will we be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- All prices quoted are in GBP – UK pound Sterling.
Notes: All booking which are completed directly on our website and put for Cancellation/Refund/Reissue or Rescheduling for any reason are subject to an administrative charge £50 Per Ticket over and above the Airline charges.
- Telephone Payments:
All telephone payments are subject to the following conditions:
- For some telephone bookings full payments may be required before you receive confirmation. If this applies you will be advised when the booking is made. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your booking and still leave you liable to the cancellation charges. If an extra “booking charge” applies, this would have been advised at the time of booking. <%–All credit card payments are subject to a 2% charge. –%>
- Payment methods other than those stated on the Site will not be accepted and no responsibility is accepted for cash or cheques sent through the post. Before payment is received in full, neither ourselves nor the supplier are obliged to issue any tickets, confirmations, vouchers, or other travel documents. However, you shall in all cases remain liable for payment of the amounts agreed for the travel products and services ordered.
- Booking Fee
Your booking may incur a fee of up to 1% of the total booking amount.
- Departure Taxes
It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are non-refundable by us.
- Government Action
Our Price Guarantee cannot cover increases due to direct Government action. E.g. the imposition of VAT or Passenger levy.
- Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
- Insurance
Adequate travel insurance is vital. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, pre-existing medical conditions, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
- VAT ( Value Added Tax ) law in Kingdom of Saudi Arabia and United Arab Emirates
“From 1st January 2018, it is likely that there will be an additional Value Added Tax (VAT) will get introduced in Kingdom of Saudi Arabia and United Arab Emirates
Please note that any changes to the applicable government taxes will be reflected & Customers will be required to pay these taxes/surcharge before departure or directly to the hotel if applicable this is depending on instructions given by the government authorities.”
- Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
- Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
- Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us or the applicable supplier principal to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
- Construction/Development Work and Hotel Refurbishment
In few destinations due to development work, possibly there may be large amount of construction work taking place which may be in the vicinity of or visible from your hotel. Few hotels or resorts may carry out building or refurbishment work or urgent renovations or maintenance work to enhance the property. As a result, certain services or facilities may not be available for the guests. We regret that we do not any control on such activities or maintenance work carried at the destination that you book. We cannot be held liable nor will accept any liability for non-availability of certain facilities or services in such situations, over which, we do not have any control.
- Ratings & Descriptions
All ratings are as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
All descriptions and content on our website or otherwise issued by us is done so on behalf of the suppliers in question are intended to present a general idea of the arrangements provided by the supplier in question. Not all details of the relevant arrangements can be included on our website. All arrangements shown are subject to availability. If you require any further details, in respect of any arrangements or any other services please contact us.
- Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information you can visit https://www.gov.uk/government/organisations/hm-passport-office
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please checkhttps://uk.usembassy.gov For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders , including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
- UMRAH VISAS
For an additional cost, we offer a visa service in which we will apply on your behalf for Umrah visas to Saudi Arabia. . It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to the Hajj or Umrah package and required for the issuance of the visa. We are unable to guarantee that that any visa will be granted and consequently accept no liability whatsoever for any refusal or delay in obtaining your Umrah visa You must check requirements for your own specific circumstances and your own doctor as applicable. We reserve the right to claim from you any associated costs incurred by us as a result of the delay or refusal. We are also not liable for any delay in obtaining Umrah visa due to misplace/lost of passport in embassy. We are not liable if the embassy keeps the passport for longer period due to additional checks. You must pay the Approval Charges of £50/ Per Passport, which are non-refundable, once your application is approved.
Note: We are not liable for any changes in legislation in regards to Visas by the government of Saudi Arabia. Umrah visas are subject to any last minute changes by the government of Saudi Arabia, In the event of any changes by the government or unforeseen reasons as a result of which you’re not issued with a visa, we are not liable for any refunds of part or full payment of the Hajj or Umrah package or any other product or services you have booked. All bookings made by you prior to obtaining your visa are done so with this risk in mind.
- Conditions of Suppliers
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
- Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
- Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 22).
- Reconfirming return/onward flights
It is your responsibility to ensure you follow ALL RECONFIRMATION INSTRUCTIONS which will be shown EITHER on the FRONT of the Invoice or on your travel documents. We will not be liable for any additional costs due to your failure to reconfirm the flights.
- Documents Despatch
Travel documents will be sent by email. It is your responsibility to check that all travel documents issued are correct. Any inaccuracies must be notified to us immediately. If you do not contact us immediately we cannot accept any liability and any changes may incur additional cost as applicable. The address for sending all documentation will be that given at the time of booking unless requested otherwise. Travel documents will not be sent until we receive the full payment in the cleared funds. Sending travel documents by post or fax is subject to company’s discretion and will involve additional cost. We will not take any responsibility of document not being delivered or delayed due to the wrong postal or email address given at the time of booking. Documents will normally be despatched 7 days before departure. N.B. For bookings made within 14 days of departure it may be necessary for you to collect air tickets at the airport we will notify you for the same in advance. Any other vouchers will be posted /faxed or emailed to you direct. For additional security scheduled airline tickets are usually sent by special Delivery. And in this event this is your responsibility to ensure receipt collection. Late bookings may also require special Delivery/Courier delivery of documents in which case the appropriate charges will have been advised at the time of booking. We will not take responsibility for the document delayed not delivered in post due to strike or in Royal Mail or due to public holidays It is your responsibility to make sure you make alternate arrangements to collect your travel document in these situations.
- Privacy Policy
Your right to privacy is very important to us and we recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service and that’s why we have put a policy in place to protect your personal information.
We will not provide any of your personal information obtained via the web to other companies or individuals unless required to by law. Whenever you provide sensitive information (for example, a debit/credit card number to make a payment) we will ensure all reasonable steps to protect it; such as encrypting your card number. We will also take security measures to protect your personal information in storage. Debit/Credit card numbers are used only for payment processing and are not retained for marketing purposes.
Our website may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites.
- THE HEALTH AND GENERAL INFORMATION FOR HAJJ AND UMRAH PASSENGERS
- A)It is your responsibility:
- To ensure that you understand and are aware of the rituals of your Umrah and Hajj and how to perform them.
- To be aware that during peak season, particularly the Ramadan period, because of the huge numbers of people on pilgrimages and the problems of overcrowding, your room facilities or furniture may be different. We are unable to prevent this from occurring on occasion and accept no liability for it as it completely outside our control.
- To be aware, particularly at the time of the Ramadan, flights and destination airports can sometimes be altered at the last minute. We have no control over this and you should accept that this could happen to you.
- To understand that Saudi Arabia is not subject to the same health and safety regulations that exists in the UK and Europe. In many areas, the operation of certain amenities and facilities may be subject to local licensing laws or religious pilgrimage. Maintenance and local energy conservation measures may mean that the hotel or apartment limits certain facilities, e.g. air conditioning or water supplies. In addition, unusual weather conditions may cause electricity failure. We will not be liable for any damage or losses arising from this. In most cases this leads to a useful experience but you should be aware that accommodation in apartments and hotels is provided on a shared basis (unless appropriate extra fee have been paid and this is stated on your confirmation). All information about the hotels has been provided by those hotels and may not have been verified by us. All hotel rooms have private bathrooms but you should be aware that the sizes of the rooms are usually smaller than those in the UK and Europe.
- The meals are provided on a self-service basis in hotels and apartments. You should be aware that the food served is local food and may vary from day to day.
- Compulsory Vaccination – It is your responsibility that you should take vaccination against meningococcal meningitis, As per Saudi government requirements, vaccination against meningococcal meningitis is compulsory for all local and international Hajj pilgrims. Vaccination should be taken at least 10 days before you arrive into the country. All travellers performing Umrah and Hajj must attach a valid certificate of vaccination with their passports stating that the traveller is vaccinated 10 days prior to their arrival in Saudi Arabia, Vaccination is mandatory for all adults also for children above 2 years
- B) LIABILITY
When you make booking with us you acknowledge there is an element of risk associated with pilgrimage generally, particularly in Saudi Arabia for the Hajj. These include overcrowding in hotels, on all forms of transport and poor management of the public places. These risks can also include the risk of injury or illness in remote places without medical facilities. You must be fit enough to undertake the pilgrimage and you must exercise reasonable care for your own safety and the safety of other members in your group.
- You are solely responsible for your travel/health insurance arrangements. We do not offer any travel/health insurance.
- We shall not be liable for any delay in performing Hajj rites or for failure to perform Hajj rites in the delay or failure result from circumstances beyond our control.
- will not take any responsibility for safeguarding the property of individuals at any time during the journey nor for any loss or damage of any property, except where such loss or damage is a direct result of our negligence.
General Data Protection Regulation (GDPR)
Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:
● Our Site address is www.gatwickhajjandumrah.co.uk
● Our company name is Gatwick Haj and Umrah
● Our registered address is 292 High street Croydon CR0 2UP
3. WE MAY COLLECT AND PROCESS THE FOLLOWING INFORMATION ABOUT YOU
● information (such as your name, email address, postal address and telephone number) that you provide by completing forms on the Site, including without limitation, if you apply to become a Member, subscribe to any service, upload or submit any material via the Site, request any information;
● in connection with an account sign-in facility, your password and log-in details; details of any transactions made by you through the Site; communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or its content;
● information from surveys that we may, from time to time, run on the Site for research purposes, if you choose to respond to them;
● details of your visits to the Site, the resources you access and any data you download.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, you may not be able to access certain aspects of our services or resources.
HOW YOUR INFORMATION IS USED
We will use the information you provide to:
enable us to provide you with services and information offered through the Site and which you request;
administer your Membership with Us;
verify and carry out financial transactions in relation to payments you make online;
audit the accessing of resources from the Site;
improve the layout and/or content of the pages of the Site and customise them for users;
identify visitors to the Site;
carry out research on our users’ demographics;
send you information or resources We think you may find useful or which you have requested from Us.
You can tell us not to contact you with information regarding Our resources and services or by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting Us using the contact details at the end of this Privacy Policy.
ADDITIONAL SERVICES
When you visit the Platform, we may automatically collect additional information about you, such as the type of internet browser you use, the website from which you have come to the Site and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by Our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site and to collect broad demographic information for aggregate use.
COOKIES
The Site also uses cookies or similar technology to collect information about your access to the Site. Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Site and will last for longer.
We may use cookies to:
● remember that you have used the Site before (this means We can identify the number of unique visitors We receive and allows Us to make sure that We have enough capacity for the number of users We get);
● recognising when a visitor to the Site is a Member;
● allow you to navigate the Site more quickly and easily;
● store your preferences;
● customise elements of the layout and/or content of the pages of the Site for you; and
● collect statistical information about how you use the Site so that we can improve the Site.
All cookies used on the Site are set by us.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the Site.
Our cookies will be used for:
Essential session management
● recognising when a user of the Site has visited before allowing us to identify the number of unique users we receive to the Platform and make sure We have enough capacity for the number of users that We get;
● We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow Us to diagnose problems, administer and track your usage of Our services and access of Our resources.
Functionality
● customising elements of the promotional layout and/or content of the pages of the Site.
Performance and measurement
● collecting statistical information about how Our users use the Site so that We can improve the Site and learn which parts are most popular to users.
INFORMATION SHARING
We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights, property or personal safety of any person.
PERSONAL DATA
All information collected and supplied to us will be treated as confidential. Nevertheless, electronic transmissions are never completely private or secure and there is a risk, therefore, that any electronic communications sent may be intercepted and potentially read by others. We recommend that you undertake suitable protective measures to prevent potential interception of your personal details.
EXTERNAL LINKS
The Site may, from time to time, contain links to external websites. We are not responsible for the privacy policies or the content of such websites.
PAYMENTS
Payments made on the Site PayPal at www.paypal.com, who will process payment details and authorise payment using a secure server and encryption. Information that you provide to PayPal is subject to PayPal’s own privacy policy and terms and conditions, and is not within our control.
WHERE WE STORE YOUR PERSONAL DATA
Information that you supply to us via the Site is sent to and stored on secure servers located in the United Kingdom.
Where We have given you (or where you have chosen) a password which enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once We have received your information, We will use commercially reasonable efforts to prevent any unauthorised access, loss, misuse or alteration.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing you with details of the information We hold about you.
Terms and Conditions
Terms of Service
Rabt – TERMS OF USE
Last updated: 1st Feb, 2020.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, Travel Organizers (“Trip Organizers”) SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE DESTINATION COUNTRIES. CERTAIN COUNTRIES HAVE RESTRICTIONS ON TRAVEL GUIDES, TRAVEL COMPANIES AND OTHER TRAVEL ORGANIZERS OR REQUIRE TRAVEL GUIDES, TRAVEL COMPANIES AND OTHER TRAVEL ORGANIZERS TO HAVE PERMITS. TRIP ORGANIZERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A TRIP ON RABT AND USING RABT TO COLLECT PAYMENTS.
Rabt, Ltd. (“Rabt”, “rabttech.com”, “we”, “us” and/or “our”) maintains the website (“Site”) located at www.rabttech.com, including any other rabttech.com branded web sites owned and controlled by us as a service to our users and visitors. Our Site and the services we offer, both through the Site and otherwise are referred to, collectively as our “Services.” By using the Services, you agree to comply with and be legally bound by the following terms of use (“Terms”), whether or not you become a registered user of the Services (“Member,” which may include either a “Trip Organizer”, a “Traveler” and other visitors and browsers of the Services). Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from the Site or otherwise continue using the Services. Failure to use the Services in accordance with the following terms of use may subject you to civil and criminal penalties.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
We reserve the right to modify the Services and these Terms and/or Policies at any time. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. Changes to the Terms will be effective at the time of posting.
You are responsible for regularly reviewing these Terms. By using the Services, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
Services
Rabt is designed to help travel interested customers (“Travelers”) to connect to travel related services provided by other members (which may include “Trip Organizers”). Services may include various travel services offered by Trip Organizers. Through the services, Trip Organizers may collect payments and manage bookings for travel services. Trip Organizers may create and post personal profiles (“Profiles”) that provide information about the Trip Organizers knowledge and experience, and may make themselves available to offer certain services to Travelers, such as the participation in an travel service (“Trip”) offered by the Trip Organizers. Travelers may select Trip Organizers to provide the Traveler with a travel service.
Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
User Responsibilities
Our Site is an online platform and marketplace with related technology through which members can offer travel services, collect payments for travel services and find and learn about travel services offered by other members. Travelers and Trip Organizers can learn about each other through the Services and arrange for bookings of Trips directly with each other. Rabt is not the organizer, operator nor provider of any travel related activities, including, but not limited to, tours, trips and activities. Unless explicitly specified otherwise in the Rabt platform, Rabt’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Trip Organizer for the purpose of accepting payments from Travelers on behalf of the Trip Organizer.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRIP ORGANIZERS AND TRAVELERS CONNECTING AND BOOKING TRIPS DIRECTLY WITH EACH OTHER. RABT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY TRIP OFFERING AND THE CONDITION, CIRCUMSTANCES, LEGALITY OR SUITABILITY OF ANY TRIP. RABT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRIPS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
Account Registration
In order to access certain features of the Site, and to book a trip or create a Listing, you must register to create an account (“Rabt Account”) and become a Member (“Member”). You may register to join the Services directly via the Site or as described in this section.
Your Rabt Account and your Rabt Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Rabt Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Rabt reserves the right to suspend or terminate your Rabt Account and your access to the Site, Application and Services if you create more than one (1) Rabt Account, if you have not made or collected a payment through Rabt in the last twelve (12) months or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Rabt, you are not permitted to share your Rabt Account with anyone or allow others to access or use your Rabt Account.
Trip Listings
As a Member, you may create a Trip Listing (“Listing”). To create a Listing, you will be asked a variety of questions about the Trip to be listed, including, but not limited to, the destination, dates, minimum and maximum amount of travelers, duration, pricing and related rules and financial terms. In order to be featured in Listings via the Site, Rabt might verify of personal information from the Trip Organizer, including, but not limited to, physical address, phone number, nationality, credit history and legal status. You understand and agree that once a Traveler requests a booking of your Trip, you may not request the Traveler to pay a higher price than in the Trip listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, such as travel agencies or other employers and (ii) will (a) be in compliance with all applicable laws (such as travel guide laws and laws governing travel related activities in the departure and destination countries), tax requirements, and rules and regulations that may apply to any Trip and activity included in a Listing you post. Rabt reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rabt, in its sole discretion, considers to be objectionable for any reason. If you are a Trip Organizer, you understand and agree that Rabt does not act as an insurer or as your contracting agent. If a Traveler requests a booking of your Trip and joins you for the Trip, any agreement you enter into with such Traveler is between you and the Traveler and Rabt is not a party thereto. Notwithstanding the foregoing, Rabt serves as the limited authorized payment collection agent of the Trip Organizer for the purpose of accepting, on behalf of the Trip Organizer, payments from Travelers of such amounts stipulated by the Trip Organizer.
Travel Issues
A “Travel Issue” means any one of the following: The description of the Trip in the Listing is materially inaccurate with respect to (i) the duration of the Trip, (ii) the content of the Trip (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Trip.
The Traveler Refund Policy
If you are a Traveler and suffer a Travel Issue, we might agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Rabt in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Trip which in our determination is reasonably comparable to the Trip described in your original reservation in terms of content and quality. For clarity, in the event the alternative Trip is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Trip is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Rabt with respect to the Traveler Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers and Guides.
Minimum Quality Standards, Trip Organizer Responsibilities and Reimbursement to Traveler
If you are a Trip Organizer, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a Traveler with Travel Issues. Throughout the Trip, Trip Organizers must be available in order to try, in good faith, to resolve Traveler issues.
If you are a Trip Organizer, and if (i) Rabt determines that a Traveler has suffered a Travel Issue related to a Trip listed by you and (ii) Rabt either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Trip, or provides an alternative Trip to the Traveler, then you agree to reimburse Rabt up to the amount paid by Rabt within 30 days of Rabt’s request. All determinations of Rabt with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Trip Organizers. You also agree that in order for you to reimburse Rabt up to the amount paid by Rabt, Rabt may off-set or reduce any amounts owed by Rabt to you by this amount. If the Traveler is rescheduled to an alternative Trip, you may lose part or all of the total Trip Cost payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Trip.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Trip. If you dispute the Travel Issue you may notify us in writing (info@rabttech.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Rabt with respect to the Travel Issue shall be final and binding on the Travelers and Trip Organizers. In the event of one or more Travel Issues, Rabt, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Travel Organizer or imposing penalties or fees for the administrative burden associated with the Travel Issues.
No Endorsement
Rabt does not endorse any Travel Organizer, Traveler or any Trip. Members are required by these Terms to provide accurate information, and although Rabt may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Rabt about any Member, including the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. Rabt is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Rabt with respect to such actions or omissions. This limitation shall not apply to any claim by a Trip Organizer against Rabt regarding the remittance of Traveler payments by Rabt on behalf of a Trip Organizer, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Booking and Financial Terms for Trip Organizers
“Trip Cost” means the amounts that are due and payable by a Traveler to the Trip Organizer for the Traveler’s participation in a Trip. Trip Cost might include, but is not limited to, a full payment or a partial payment (“Deposit”) of the total costs as well as any payments for the organization of information dinners related to the Trip.
The Trip Organizer controls the funds provided by the travelers. However, in case of suspected fraud or similar issues, Rabt may block payouts of the Trip Cost to the Trip Organizer at any time. In case of suspected fraud or similar, the amount and effective date of the payouts is at the sole discretion of Rabt. The Trip Organizer is not entitled to any of the Trip Cost without Rabt’s consent. The time it takes for the Trip Organizer to receive payouts may depend upon the frequency of receiving payouts chosen by the Trip Organizer. Payouts can be scheduled weekly or monthly basis.
Rabt may block payouts to Trip Organizers without any limitations if Rabt has doubts about the Trip Organizer’s ability to carry out the offered travel services.
Appointment of Rabt as Limited Payment Collection Agent for Trip Organizer
Each Trip Organizer hereby appoints Rabt as the Trip Organizer’s limited payment collection agent solely for the purpose of accepting the Trip Cost from Travelers. Each Trip Organizer agrees that payment made by a Traveler through Rabt, shall be considered the same as a payment made directly to the Travel Organizer, and the Travel Organizer will make the Trip available to the Traveler in the agreed-upon manner as if the Trip Organizer has received the Trip Cost. Each Trip Organizer agrees that Rabt may, in accordance with the Rabt cancellation policy or Trip specific cancellation policy reflected in the relevant Listing, (i) permit the Traveler to cancel the booking and (ii) refund (via Rabt) to the Traveler that portion of the Trip Cost specified in the applicable cancellation policy. Each Trip Organizer understands that Rabt accepts payments from Travelers as the Trip Organizer’s limited payment collection agent and that Rabt’s obligation to pay the Trip Organizer is subject to and conditional upon successful receipt of the associated payments from Travelers. Rabt does not guarantee payments to Trip Organizers for amounts that have not been successfully received by Rabt from Travelers. In accepting appointment as the limited authorized agent of the Trip Organizer, Rabt assumes no liability for any acts or omissions of the Trip Organizer. Please note that Rabt does not by default charge fees for the creation of Listings. However, you as a Travel Organizer acknowledge and agree that Rabt reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. You as a Travel Organizer also acknowledge that Rabt reserves the right to pass on any fees from credit card transactions or other transaction related services to the organizer. Rabt provides notice and lists certain fees in the pricing section of their site.
Bookings and Financial Terms for Travelers
The Trip Organizers, not Rabt, are solely responsible for honoring any confirmed booking and making available the proposed travel services reserved through the Site and Services. If you, as a Traveler, choose to enter into a transaction with a Trip Organizer for the booking of a Trip, you agree and understand that you will be required to enter into an agreement with the Trip Organizer and you agree to accept any terms, conditions, rules and restrictions associated with such Trip imposed by the Trip Organizer. You acknowledge and agree that you, and not Rabt, will be responsible for performing the obligations of any such agreements, that Rabt is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Rabt disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Rabt is not a party to the agreement between you and the Travel, Rabt acts as the Trip Organizer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Trip Organizer. Upon your payment of the Total Fees to Rabt, your payment obligation to the Trip Organizer for the Trip Cost is extinguished, and Rabt is responsible for remitting the Trip Cost (less the Rabt Fees and any Taxes in respect of the Rabt Fees, such as VAT in Europe), in the manner described in these Terms. The total Trip Cost payable will be displayed to a Traveler at the time of payment. If a booking is canceled and refunded by the Trip Organizer, any amounts collected by Rabt will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Services and depending on the applicable cancelation policy.
You as a Traveler agree to pay Rabt for the total Trip Cost for any booking requested in connection with your Rabt Account if such requested bookings are confirmed by the applicable Trip Organizer. In order to establish a, you understand and agree that Rabt, on behalf of the Trip Organizer, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Trip Cost or (ii) charge your credit card a nominal amount, not to exceed one pound (£1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Rabt receives confirmation of your booking from the applicable Trip Organizer, Rabt will collect the Total Trip Cost in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Rabt cannot control any fees that may be charged to a Traveler by his or her bank related to Rabt’s collection of the Total Fees, and Rabt disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card or bank account information either to Rabt or its third-party payment processor(s). You agree to pay Rabt for any confirmed bookings made in connection with your Rabt Account in accordance with these Terms by one of the methods described on the Site, e.g. by bank account or credit / debit card. You hereby authorize the collection of such amounts by charging the bank account or credit card provided as part of requesting the booking, either directly by Rabt or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site.
If you are directed to Rabt’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Service Fees
In consideration for the use of Rabt’s online marketplace and platform, Rabt may charge marketplace service and payment processing fees (“Service Fees”). Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Service Fee. Rabt deducts the Trip Service Fees from the Trip Cost before remitting the balance to the Trip Organizer as described in these Terms. Balances will be remitted by Rabt to Trip Organizers via advanced payments to third party service providers, wire transfer, direct deposit or other payment methods described on the Site, in the Trip Organizer’s currency of choice, depending upon the selections the Trip Organizer makes via the Site and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that Rabt may impose or deduct foreign currency processing costs on or from any payments or payouts by Rabt in currencies other than British Pound or Euros.
Except as otherwise provided herein, Service Fees are non-refundable.
Cancellations and Refunds
If, as a Traveler, you wish to cancel a confirmed booking made via the Site and Services, either prior or during the Trip, the cancellation policy of Rabt or, if specified differently contained in the applicable Listing, the cancellation policy of the Listing will apply to such cancellation. Our ability to refund the Trip Costs and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site or by contacting the Trip Organizer. The Service Fee is non-refundable regardless of the cancellation policy of the Trip Organizer.
If a Trip Organizer cancels a confirmed booking made via the Site and Services, (i) Rabt will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler will receive an email or other communication from Rabt that may contain alternative travel services and other related information.
If, as a Trip Organizer, you cancel a confirmed booking, Rabt may apply penalties or consequences to you or your past, current and future listings.
In certain circumstances, Rabt may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. Rabt may also determine, in its sole discretion, to refund to the Traveler part or all of the amounts charged to the Traveler. Reasons for such refunding to Travelers include, but are not limited to, the Trip Organizer’s inaccurate description of the services rendered or failure to render services.
Recurring Payments
In some instances, Travelers may be required to make recurring, incremental payments toward the Trip Costs owed for a confirmed booking before beginning his or her trip (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Traveler authorizes Rabt, on behalf of the Trip Organizer, to collect the Total Fees and the Traveler agrees that Rabt will initiate payouts to the Trip Organizer, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.
Rounding Off
Rabt may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or Trip Organizers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest pound, euro or other supported currency); for example, Rabt will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Rabt may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Rabt to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
Rabt will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Taxes
Tax regulations may require Rabt to collect appropriate tax information from our Trip Organizers, or to withhold taxes from payouts to Trip Organizers, or both. You as a Trip Organizer are solely responsible for keeping the information in your tax forms current, complete and accurate.
You as a Trip Organizer understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Rabt cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Trip Organizer, Rabt may issue a valid VAT invoice to such Trip Organizer.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) in the destination location of the Trip may require Taxes to be collected by Trip Organizers from Travelers on the amount paid for the right to consume and/or provide touristic services and other travel related activities, and to be remitted to the respective Tax Authority. In certain jurisdictions, Rabt may decide in its sole discretion to facilitate collection and remittance of Taxes from Trip Organizers and/or Travelers on behalf of and in-lieu of Trip Organizers, if such tax jurisdiction asserts Rabt or Trip Organizers have a tax collection and remittance obligation. Whether you are a Traveler of Trip Organizer, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Rabt in connection with collection and remittance of Taxes, if any. Travelers and Trip Organizers agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by Rabt from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Foreign Currency
Rabt’s online platform facilitates bookings between Travelers and Trip Organizers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Rabt platform might allow users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
Rabt might process a foreign currency conversion in the following situations:
The displayed currency is different from the listing currency when a user views a Listing;
The booking currency is different from the listing currency when a Traveler submits a booking request for a Listing;
The payout currency (for partial or total payouts) is different from the listing currency when Rabt initiates a payout;
When a confirmed booking is modified or cancelled, and there was a foreign currency conversion when the booking was submitted.
Rabt updates the base exchange rate on a regular basis, but not on a real-time basis. In particular, Rabt does not always change the base exchange rate immediately when its costs of foreign exchange change. Accordingly, the base exchange rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the booking Currency or the payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Rabt.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements “stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Rabt Traveler of Trip Organizer;
offer, as a Trip Organizer, any trip that you do not yourself conduct, organize or operate;
register for more than one Rabt Account or register for an Rabt Account on behalf of an individual other than yourself;
unless Rabt explicitly permits otherwise, request or book a Trip if you will not actually be going on that Trip yourself;
contact a Trip Organizer for any purpose other than asking a question related to a Trip contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Site and Services;
recruit or otherwise solicit any Trip Organizer or other Member to join third-party services or websites that are competitive to Rabt, without Rabt’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content; use the Site, Services or Collective Content to find a Trip Organizer or Traveler and then complete a booking of a Trip independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Rabt’s provision of the Services or for any other reasons;
as a Trip Organizer, submit any Listing with false or misleading price information, submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Rabt’s name, any Rabt trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Rabt’s express written consent;
access, tamper with, or use non-public areas of the Site or Services, Rabt’s computer systems, or the technical delivery systems of Rabt’s providers;
attempt to probe, scan, or test the vulnerability of any Rabt system or network or breach any security or authentication measures;
attempt to probe, scan, or test the vulnerability of any Rabt system or network or breach any security or authentication measures;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Rabt has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Rabt may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
respond to claims asserted against Rabt or to comply with legal process (for example, subpoenas or warrants);
enforce or administer our agreements with user;
engage in fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or
protect the rights, property or safety of Rabt , its users, or members of the public.
You acknowledge that Rabt has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Rabt reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Rabt, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Ownership
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Kingdom of Bahrain, United Kingdom and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Rabt and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content
Rabt Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Rabt grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Rabt Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rabt or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Rabt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Rabt does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Rabt the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Rabt’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Rabt is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rabt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notice
All trademarks, service marks, logos, trade names and any other proprietary designations of Rabt used herein are trademarks or registered trademarks of Rabt. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at h.khan@rabttech.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Rabt and you hereby irrevocably assign to Rabt and agree to irrevocably assign to Rabt all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Rabt’s request and expense, you will execute documents and take such further acts as Rabt may reasonably request to assist Rabt to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Rabt respects copyright law and expects its users to do the same. It is Rabt’s policy to terminate in appropriate circumstances the Rabt Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
You acknowledge and agree that the Site, including all associated intellectual property rights, are the exclusive property of Rabt. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. All trademarks, service marks, logos, trade names, and any other proprietary designations of Rabt used on or in connection with the website and Rabt Content are trademarks or registered trademarks of Rabt in the Kingdom of Bahrain and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
Suspension, Termination and Rabt Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Rabt Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Rabt Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Rabt Account, your Member Content, or receive assistance from Rabt Customer Service, (b) any pending or accepted future bookings as either Trip Organizer or Traveler will be immediately terminated, (c) we may communicate to your Travelers or Trip Organizers that a potential or confirmed booking has been cancelled, (d) we may refund your Travelers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Travelers to inform them about potential alternate Trips with other Trip Organizers that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Rabt Account. You may cancel your Rabt Account at any time by sending an email to h.khan@rabttech.com. Please note that if your Rabt Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RABT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRIP ORGANIZERS AND TRAVELERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RABT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RABT MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRIPS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RABT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TRIPS OR THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RABT OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELERS OR TRIP ORGANIZERS. YOU UNDERSTAND THAT RABT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. RABT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND TRIP ORGANIZERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RABT. NOTWITHSTANDING RABT’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TRIP ORGANIZER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE TRIP ORGANIZER, RABT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TRIPS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RABT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RABT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RABT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE RABT HOST GUARANTEE, IN NO EVENT WILL RABT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY RABT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED BRITISH POUND (£100 GBP), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RABT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Rabt and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a trip, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation.
Reporting Misconduct
If you travel with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rabt by contacting us with your police station and report number at h.khan@rabttech.com. Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional Rabt policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Rabt and you regarding the Site.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Rabt’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rabt may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rabt (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Contacting Rabt
If you have any questions about these Terms, please email us at h.khan@rabttech.com