Terms & Conditions of Contract

 

Terms & Conditions

Definitions and Interpretations

(Headings are for convenience only and shall not affect their interpretations)

The words “Agreement”  “Contract”  “Package Agreement” means the Agreement between Us the travel provider as per the Agreement and You and/ or any other persons named on the Booking Form/Agreement.

The words “Booking Form” meant the form on which booking details were submitted to Us, or are recorded on by Us.

The words “Us”, “We”, “Our”, “The Company” or “The First Party” will refer to the travel provider whose details including business address is on the Agreement/Booking Confirmation Invoice.

The words “The Customer “, “You”, “The Pilgrim”, “Your”, “Yourself”, “Lead Passenger” or “The Second Party” will refer to the person(s) entering into the Agreement.

The word “Mahram” meant the male relative (Husband, Brother, Uncle, Son, Nephew, Grandfather) which will accompany a female/child family member.

The words “Force Majeure” are unforeseeable circumstances that prevent someone from fulfilling a contract.

The words “Group Leader” will refer to a representative appointed by the Company.

The words “Your Party” “Your Group” will refer to all individuals listed on the Booking Form/Agreement.

The words “Booking Agent” refers to a travel agent, or other company, organization or person who is acting as an intermediary to handle Your bookings and payments.

The words “Third-Party Services”, “Third Party” is referred to services provided to You by companies, organisations, groups or individuals other than Us. When a contract or any part of these Terms and Conditions are inconsistent with the Agreement, the Agreement shall take precedence, and supersede such Terms and Conditions. The Booking Form shall not form part of these Terms and Conditions, nor the Agreement unless expressly stated verbally or within the Agreement itself.

A contract is formed for the relevant Hajj /Umrah package when:

1. You accept Our written/verbal quote and any form of consideration is paid.

2. A deposit/full payment is paid as per the Agreement (note if departure is within 40 days then full payment is due at the time of booking).

3. We issue a Booking Confirmation Invoice to You (albeit, We reserve the right to decline Your booking and return Your deposit at Our absolute discretion). General our booking Terms and Conditions listed below should be read in conjunction with Your Agreement with Us, please read them carefully as they set out Our rights and obligations to You as Your travel provider. By booking with Us, You, the Lead Passenger named on the Booking Form/Agreement confirm that You are over 18, live in the United Kingdom (UK) and have the full legal capacity to enter into a legally binding agreement. You furthermore confirm that You have full authority on behalf of all persons detailed on the Booking Form/Agreement to enter into a legally binding contract on their behalf.

You hereby confirm that:

1. You fully understood these Terms and Conditions and agree to be bound by them.

2. You shall be responsible for the behaviour of all persons travelling within Your party.

3. All correspondence will be made directly with the Lead Passenger and any relevant documents will be sent to the address that appears on the Booking Form.

4. All members of Your Party are UK residents with a permanent right to abode.

5. It is the Lead Passenger’s responsibility to ensure that all persons travelling in Your Party are aware of the information relevant to their Hajj/Umrah/Travel package.

6. When you are making a booking on behalf of Yourself and Your Group, You, the signatory to the Agreement shall be the Lead Passenger and We shall only deal with You in all subsequent correspondence, including changes, amendments and cancellations.

7. You will be responsible to Us for full payment of the price (including any travel insurance premiums and amendments/cancellation charges) of the services booked, and will also be responsible for passing on to all members of the Your Group all documentation and information which We are legally obliged to give to You.

8. The Lead Passenger also confirms that he/she is permitted to book our services for those with age restrictions and furthermore declares that he/she and all members of Your Party are permitted to purchase Our services.

9. The Lead Passenger is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all persons travelling on the Booking Form/Agreement and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of Booking Confirmations.

10. You must provide Us, insufficient time, with any information and instructions relating to the services that are necessary to enable us to provide the services in accordance with these Terms and Conditions. If you do not, or you provide Us with incomplete, incorrect or inaccurate information or instructions, we may cancel the booking by giving You written notice, or We may make an additional charge of a reasonable sum to cover any extra costs incurred.

11. Any person who is under 18 years of age must be accompanied by an adult on his/ her journey and any female members of Your Party must be accompanied by a Mahram (as stipulated by the laws of Saudi Arabia). Please note that the rules governing the qualification of a Mahram are implemented by the Ministry of Hajj & Umrah (MoHU) and are readily available on request.

Price & Accuracy We endeavor to ensure that all Our information and prices both on our website and Our literature are accurate and up to date. However, occasionally, changes,and, or errors may occur. We reserve the rights to correct Our prices and any other details in such circumstances without any notice at any time. You must check the current price and all other details relating to the arrangements that you wish to book before Your booking is confirmed. If payment for a booking is made with an incorrect price/information, then We reserve the right to cancel any booking and refund any money in respect of the same. Please note changes in fees (including fuel costs, dues, taxes, fees such as landing taxes or embarkation/ disembarkation fees at ports/airports, transportation costs and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your package. However, we will notify you of this within a reasonable time.

Hajj & Umrah Visa Application / Documents

We will organise your Visa application and that of any person(s) travelling in Your Party. We may require Your passport for varying lengths of time in order to obtain a visa on Your passport. This will be discussed with you at the time of completing your booking form. We cannot give accurate guidelines as to processing times. In order to ensure fast and accurate processing of Your visa, please make sure of the following:

1. If anyone has a non-Muslim name, he/she should submit a certificate from a mosque or an Islamic centre confirming that the applicant is a Muslim.

2. Four recent passport size colour photographs taken on a white background.

3. Passports should be valid for a minimum of 6 months from the proposed return date.

4. Women/children should be accompanied by a Mahram. Proof of relationship is required ( either a marriage certificate for a wife, a birth certificate for a child,  indicating the names of both parents).

5. If the applicant is not a national of the country he/she is applying from, then a valid residency permit must be submitted with the application along with proof of residency.

6. A certificate of vaccination against Pneumococcal Meningitis should be provided. The certificate of vaccinations should be no older than three years and not less than 12 days prior to entry into the Kingdom of Saudi Arabia (KSA). The vaccination certificate must be with the applicant on entry into the KSA.

7. Individuals must ensure that they carry all documents which will allow them to re-enter the UK, i.e. Entry Visa/British Passports. We will not be able to help you to re-enter the UK or any other part of the world if you do not carry the required documents. Please note according to the MoHU & Saudi Embassy regulations the Hajj/Umrah visa is neither changeable nor refundable in all cases including most health cases.

Therefore, once the Hajj/Umrah visa is issued and put onto Your passport, no refund will be given to you in cases of cancellation, as We would have already made the full and final payment(s) to all involved Third Parties for the whole travel package in question.

Booking Agents & Third Party Services

You acknowledge that certain parts of the services will be provided to You by Third Party suppliers. For example, certain transports, flights, foods, and accommodation may be Third-Party Services. Such services include, but are not limited to all transportation within Saudi Arabia, quality and location of the tents provided in Minna & Arafat, each of which is provided and controlled by the MoHU.

These Third Party Services may be provided in accordance with their own terms and Conditions which will not form part of Your contract with Us. We exclude all liabilities in respects of all Third-Party Services. When applicable, Your Booking Agent is any travel agent or other company, organisation or person who, without being a party to the contract between You and Us, is acting as an intermediary to handle bookings and payments for the package which you book with Us. Please note that We will not accept any liabilities for the acts, omissions, or (mis)representations of any booking agents. Please note that any Terms or Conditions which such Booking Agent has given to you does not incorporate into Our Agreement/ Terms, or Conditions, nor form any part of the same. In all cases, Our Agreement/ Terms or Conditions shall take precedence.

Our Services & Your expectation Your Hajj/Umrah travel package with Us shall consist of Your visa, accommodation and flights to-and-fro Saudi Arabia, where; applicable as per the Booking Form/Agreement. The purposes of these services are to allow you to complete the holy pilgrimage of Hajj/Umrah in Saudi Arabia and as such, you accept that this is a religious pilgrimage and in no way a leisure holiday of any sort. You have voluntarily made Your booking with Us being completely aware of this.

Also note that due to the large number of pilgrims in Saudi Arabia for the Hajj/Umrah pilgrimage, the cities and towns are constantly overcrowded. This often affects public services, transport and accommodation within the relevant part of the country. You hereby accept that the services are at all times dependent on the MoHU and Saudi Arabian authorities, over which We have no control. You are asked to stay with Your Group at all times when travelling unless told otherwise by the Saudi authorities. All messages and documentation will be communicated to You through Your Group Leader.

Hajj

When you arrive into the KSA, before being allowed access on to the buses provided by the MoHU, You (or Your Group Leader on Your behalf) must give Your passports to the Saudi authorities for safekeeping when requested to do so. Please note that this is a stipulation of the MoHU and it is not something over which we have any say or control. We cannot accept liability for any loss or damage to Your passport whilst it is in the possession of the MoHU. You accept that failure to provide Your passport to the authorities when requested to do so will mean that you will not be allowed to board onto the buses to continue on Your journey. We will not accept any liability in these circumstances and no refunds or payment of any kind shall be given. Where You are on Hajj, Your itinerary will be governed by the Islamic calendar, the Saudi authorities and the MoHU.
Therefore, Your itinerary is subject to change at all times and You confirm that We cannot accept any liability in these circumstances. Furthermore, due to the nature of Hajj pilgrimage, Your itinerary is on a very tight schedule, we would be  told by Your Group Leader of any changes to your itinerary. You must ensure that you are at all departure points at the times specified in order to commence the next stage of the pilgrimage. Failure to be present at the departure points at the times specified means that the group may leave without You and We cannot accept any liability for this.

Umrah

When You are on Umrah, Your itinerary will be managed by Us. However, it is still subject to the laws of Saudi Arabia. The itinerary may be subject to change with little or no notice and We reserve the right to change/amend or cancel any part of the itinerary.

Accommodation Please note that all accommodations are shared, and are of economy standards (unless otherwise agreed in writing). Any star rating is not provided by Us and any information  found online, or in Our literature is not endorsed by Us. They are for guidance only. You accept that accommodation may be of a lower standard than that expected. If you wish to share accommodation with Your husband, wife or family, a request must be made before you enter into a contract with us and the same must be agreed in writing at the time of the Agreement, failing which accommodation will be allocated at our discretion. Please note a supplementary payment towards Your accommodation may incur for any changes or special requests made by You. During Hajj/Umrah accommodation may be segregated and communal.  Whilst We will make efforts to place You with Your Group, We cannot make any guarantee about this and accept no liability in the event that you are not placed in the same room/floor/building with them. Every pilgrim for Hajj/Umrah must make their own private arrangements for receiving their visitors in Saudi Arabia. Visitors will not be permitted to stay at pilgrim’s hotels during nights, nor will meals be provided for them. During the five days of Hajj, accommodation in Minna and Arafat are in the tents provided by the MoHU. The tents of Minna and Arafat are provided on a sharing basis. Men will be with men, and women will be with women. Please note that no Hajj Company has any control on its location, and sizes of tents in either Minna or Arafat.

During Hajj

Please note that there will be no tents provided in Muzdalifah and You are responsible for making your own sleeping arrangements.

Transport

We cannot accept any liabilities for any delays in Your flights to or from the UK whether the cancellation or delay is caused by adverse Weather Conditions, re-scheduling of times by the airline, industrial action and an act of God or otherwise.

During Hajj/Umrah there will be times when there will be long delays mainly at airports, Hajj camps and during coach transfers due to the enormous amount of pilgrims in Saudi Arabia. We do not accept any liability for any such delays. We shall not be liable for any delay/failure in You performing Your Hajj/Umrah rites from circumstances beyond our control.

It is Your responsibility to ensure that You and Your Party are at any meeting points at the relevant time.
This applies to check In/Out procedures, outgoing and in going flights, any internal transportation and any excursions organised during the travel package. Transport within KSA is provided by, controlled and governed by the MoHU and We have no control over this. Transport may be delayed or changed at little or no notice and You accept that We have no control over such delays or changes, nor can We accept any liability for this. Furthermore, You accept that the road network system in Saudi Arabia is developing and its infrastructure may not be as You are accustomed to within the UK or elsewhere.

When we are not always in a position at the time of booking to confirm the actual carrier, aircraft type and timings in respects to Your flight. We shall only confirm this information as soon as we have confirmation of this from the airlines. The actual timing of Your flights and information relating to the flight will be on Your ticket which will be dispatched prior to travel. This may include, in some extreme cases, a situation when you receive the ticket on the day of travel.

It should be noted that airline times and details for the flight may change even after a ticket is dispatched, if this occurs We will contact you as soon as possible. Any changes in the flight which are out of Our control will not be Our responsibility and We shall not be liable for the same. Please note that, in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be less than 2 years of age on the day of its return flight. Children aged 2-11 may be offered a discounted ticket price at the airline’s discretion. If that is the case, We will notify You accordingly before confirming Your booking. If you or any member of Your Party misses Your flight or another 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. We shall not be responsible for this however, we will endeavour to do Our best to assist where We are able to, noting that additional charges may apply. 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 package price from Us. 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 which include the behaviour of any party member on any flight who, for example, failure to check-in or board on time.

Luggage

We are not responsible for excessive, loss or damaged to luggage, or for any personal belongings including cash, passports, phones and bank cards etc carried by You. It is Your complete responsibility throughout Your journey. This includes air transfers, coach travel etc. We will not take any responsibility for safeguarding the property of individuals at any time during their journey nor for any loss or damage of any property. Luggage allowance is as per the airline rules and conditions and We are in no way responsible for this. It is Your duty to check for baggage allowance and ensure that You are carrying permitted items as per the airline/airport rules and regulations.

Laundry

We do not include laundry services in all our packages. The use of a Hotel laundry service or a Third party is at your discretion. We are not responsible for loss, damage or alterations to your clothes.

When you book a Hajj/Umrah/Travel package with Us, You accept full responsibility for You and Your Party. If We or any other person of authority is of the reasonable opinion that you or a party member is behaving in such a way that is causing danger, distress, upset or damage then We reserve the right to cancel the package in respect of the person/party concerned and they must leave any accommodation/transport when told to do so and We shall have no responsibility for them including return flights. Please note no refunds will be made and We will not be liable for any expenses or costs incurred as a result of the termination. You and Your Party are entirely responsible for any loss or damage caused to any accommodation and/or transport arranged for You and furthermore are fully responsible to make payments for the same to the service providers, at no point shall We be liable for any loss or damage caused by You.

Risk & Insurance When You make Your booking with Us You acknowledge there is an element of risk associated with travel generally, particularly pilgrimage in Saudi Arabia during Hajj and Umrah seasons. These include overcrowding in hotels, on all forms of transport and poor management of 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. We shall not be liable for any personal injury. For those under medication, please note that certain medicines can be expensive or unavailable in Saudi Arabia due to regulatory laws. We advise you to take sufficient supplies to last You the full duration of the Hajj/Umrah/ journey. We also recommend that You take medication for coughs, colds, and painkillers from the UK.

We are legally obliged to advise You to take out adequate travel/health insurance. Travel/health insurance is not included as part of Your Hajj/Umrah travel package and it remains Your responsibility to purchase travel/health insurance separately. You must be satisfied that Your insurance fully covers all Your personal requirements including cancellation charges, medical expenses, pre-existing medical conditions and repatriation in the event of accident, illness or death. If You choose to travel without adequate insurance cover, You do so entirely at Your own risk and We will not be liable for any losses what so ever, in respect of which insurance cover would otherwise have been available.

Payment, Changes & Cancellation

We accept payment for Bookings by cash, online transfer, cheque and debit card payments only. All bookings for Hajj/Umrah/ travel packages require a minimum deposit of 50% of the total package price (Any variation on stipulated payment terms shall be entirely at Our discretion and will be expressly agreed between You and Us and the same will be documented on Your Booking Form as and when necessary).

If the package price is less than the sum of £1,500 then 75% of the total package price will be required as a deposit.  Such deposits are non-refundable, if cancelled for any reasons whatsoever.

The full payment for the booking must be made to Us 40 days prior to departure. If the balance is not settled 40 days prior to the departure, then, We reserve the right to treat Your booking as cancelled by You in which case the cancellation charges set out below will become payable. If Your bookings are confirmed (airline tickets, transport, accommodation or visa) and You wish to change or amend Your booking in any way, We will do Our upmost to make these changes, but this may not always be possible and may incur additional charges or the loss of all monies paid for the booking. Any additional charges or the losses will be at Your expense. If You decide to cancel Your Agreement with Us, Your liability to Us shall include payment to Us  all costs We reasonably incurred in fulfilling the booking of Your travel package and all associated contracts entered into with Third Parties as a consequence of such.

Note:   If the reason for Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim these charges from Your insurance company/provider.Please check with your provider.