1. Binding agreement
(ii) You hereby agree and understand that this Agreement is a binding contract between the Company and any person who accesses, browses, or uses the website in any manner and accordingly you hereby agree to be bound by the terms contained in this Agreement. The term “you” refers to any customer visiting the Mobile application and the website and/or using the Services of the Company through the Mobile application or the website . If you do not agree to the terms contained in this Agreement, you do not have the right to use the Services and are required to forthwith leave the Mobile application, discontinue use of Services and delete the Mobile Applications. The terms contained in this Agreement shall be accepted without any modification. The use of the Services would constitute acceptance of the terms of this Agreement. Please return to this page periodically to review the most current version of the Agreement. The Company reserves its right at any time, at its sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Mobile application and the website signifies your acceptance of the updated or modified Agreement.
2. Use of the Mobile application and the website
(A) As a condition of your use of this Mobile application and the website, you warrant that (1) you are at least 18 years of age, (2) you possess the legal authority to create a binding legal obligation, (3) you will use this Mobile application and the website in accordance with this Agreement, (4) you will only use this Mobile application and the website to make legitimate reservations for you or for another person for whom you are legally authorized to act on behalf, (5) If you are using the Services on behalf of another organization or entity (“Organization”), then you are agreeing to be bound by the Agreement on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this Agreement. In that case, “you” and “your” refers to you and the concerned Organization (6) all information supplied by you on this Mobile application or the website is true, accurate, current and complete.
(B) You acknowledge that the Mobile application and the website is not for commercial use but is specifically meant for personal use only. You acknowledge and accept that the Services being provided through this Mobile application and the website has no direct or indirect relationship or linkage with any other channels or distribution medium that the Company may use for provided similar or identical Services.
(C) You agree and understand that the Mobile application and the website may offer such prices, terms, conditions and promotional offers, as it deems fit, from time to time, which may differ from the prices, terms, conditions and promotional offers found on other channels used by the Company to provide its Services.
(D) The Company retains the right at its sole discretion to deny access to anyone to this Mobile application, website and the Services it offers, at any time and for any reason, including, but not limited to, for violation of this Agreement
3. Prohibited activities
The contents and information displayed on the Mobile application and website (including, but not limited to, price, discounts, deals, promotional offers, availability of tickets, hotels, visa etc.) as well as the software used to provide such content and information, is proprietary to us or our suppliers and providers. You are permitted to make copies of your travel itinerary (and related documents) for travel or Services booked through this Mobile application and website. Besides making such copies, you agree not to modify, alter, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or Services obtained from or through this Mobile application and website. Additionally, you agree not to:
• make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
• intentionally submitting or providing incorrect, incomplete, deceptive or false information or details;
• violate the restrictions in any robot exclusion headers on this Mobile application and the website or bypass or circumvent other measures employed to prevent or limit access to this Mobile application and the website;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents or other automated or manual processes) to navigate, access, monitor, copy content or search the Mobile application and website;
• take any action or use any software or other function that may cause malfunction of the Mobile application and website;
• deep-link to any portion of this Mobile application and the website (including, without limitation, the purchase path for any travel Services) for any purpose without our express written permission;
• “frame”, “mirror” or otherwise incorporate any part of this Mobile application and the website into any other Mobile application or website without our prior written authorization;
• violating or attempting to violate the integrity or security of the Mobile application, website or any content thereof or attempting to decipher, decompile, disassemble or reverse engineer any part of the Mobile application and the website
• transmit or upload document or information that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• transmitting any information on or through the Mobile application and the website that is disruptive or competitive to the provision of Services; and
• copying or duplicating in any manner any of the Company content or other information available on the Mobile application or website.
4. Use of Services
(1) You acknowledge and agree that the scope of Services rendered by the Company include only facilitation of booking of for spas treatments, hotels, cars, packages, etc. being offered for sale by the third-party suppliers. All bookings, cancellation, refunds, charges, services to be provided under such booking etc. shall be governed by the terms and conditions of the respective third-party supplier (such as the airline/hotel/car rental company/bus operator/supplier including the payment gateway service providers) (“Suppliers”). Further, any refund amount to be processed, the period within which such refund is to be made and all related actions shall be as per the terms of the relevant Supplier.
(2) Any reservation or booking initiated by Mobile application users or through the website is contingent upon the Company receiving the applicable fees, consideration or fares in its account and unless such monies have been credited into the Company’s account, it shall be under no obligation to issue the relevant tickets, reservation confirmation, PNR or such other confirmations in connection with the reservation/booking.
(3) The company may also accept cash on delivery, payment through usage of cards on point of sale machines for provision of its Services. These payments modes will only be made available in certain locations through third party delivery agents and subject to such further terms and conditions as may be decided by the Company, from time to time.
(4) In the event, any reservation using the Services does not get confirmed for any reason whatsoever such as technical faults, downtime, unavailability of the tickets during the course of the booking owing to the dynamic nature of an online platform being accessed by several people simultaneously, etc., the Company shall forthwith notify you about the same. However, the Company shall not be under any obligation to make another booking in lieu of or to compensate/replace the unconfirmed reservation. All subsequent bookings shall be treated as a new transaction without any reference to the earlier unconfirmed reservation.
(5) Prices of the Services provided by each Supplier may change during the course of making a booking/reservation using the Services. Such change/variation is solely at the discretion of the Supplier and the Company shall not be liable for any such change or variation in the price of products and services offered by such Suppliers.
(vi) In the event a credit, debit or smart card being used by you to make the payment online gets charged but on account of technical or other technological issues, the payment is not credited or received by the Company, the corresponding booking required to be made will not be effected and you agree that you will not hold the Company responsible for such issues. You acknowledge that you will take up the issue with your bank or card issuer.
(6) The Company may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, (7) change any promotion scheme, promotion period, grace period either by the Supplier (by whatever name it is called) and (iii) change the contents of the Agreement. The Company may also alter or remove any content from its Mobile application and the website without notice and without liability.
5. Loyalty Programs
(A) As per the Company’s unique loyalty program (“Loyalty Program”), the Company offers the users the opportunity to collect points and have access to special promotional offers by registering and creating an account on the mobile application or the website. You may accumulate points based on the purchase of Services made through the Mobile application or the website, which will be valid for a total of two (2) years, from the date the point is credited to your account. The points may be used as a credit system whereby you receive, without limitation, promotional offers, discounts, points in exchange of monies etc.
(B) The Company may, from time to time, promote special offers as part of the Loyalty Program to the registered members which may not be available to non-registered members. The Company reserves the right to promote and vary the listed promotions and prices on the Mobile application and the website exclusively for the Loyalty Program members, which may not be available for non-registered members. Further, the Company may at any time at its discretion discontinue the Loyalty Program.
6. Third-Party Content, Rules, and Restrictions
(i) You acknowledge that the Company pre-negotiates rates with suppliers and third-party vendors to facilitate the purchase of Services on your behalf. The rate displayed on the Mobile application and the web site
is a combination of the pre-negotiated rates for such Services that you may purchase, and a fee retained by the Company towards the services rendered by the Company.
(ii) Separate and additional terms and conditions would apply to your reservation and purchase of travel-related Services that you select, including but not limited to by the airline carriers, train ticket issuers, hotel operators, car rentals, visa providers or country specific requirements, tour operators or any other such third-party service providers etc. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Supplier or vendor or airline operator, car rental, tour operator, visa provider or hotel with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You accept and agree that any violation of such Supplier’s rules and restrictions may result in cancellation of your reservation(s) and/or in your being denied access to the applicable travel product or service and/or in forfeiting of any monies paid for such reservation(s), and/or in our debiting your account for any costs incurred as a result of such violation.
(iii) You agree to inform the Company of any circumstance or condition as a result of which you or any person on whose behalf you are making a reservation may require special facilities prior to your purchase. Any complaints regarding a Supplier should be brought to the attention of the Supplier immediately during the time of the service and the same should be communicated immediately to us, failing which, the Company will not entertain any such complaints.
7. Booking and Payment Policy
(i) You as users of mobile application and website agree that the selection made by you is based on your requirements and after understanding the price, terms and conditions applicable to the booking made by you. The Company does not take accept any liability for the selection made by you and makes no representation as to suitability, merchantability, or appropriateness to your requirements. Once the booking has been made and accepted on the Mobile application or the website, any change or cancellation will strictly only be allowed as per the terms herein. The Company accepts payments online using Visa or Mastercard credit, debit, travel, smart, or other electronic cards in (Euro – European Union currency) . You warrant that you are the cardholder or have the authority to use the card that you are using for making the online payments made using an electronic card. You have in your possession the original card being used to make the online payment. You agree to promptly provide as proof the matching card details upon request at any time within twelve months of the online transaction made by you on the Mobile application or the website. You accept and agree that any violation or non-adherence of such booking and payment policy terms may result in cancellation of your reservation(s) and/or in your being denied access to the applicable travel product or Service and/or in forfeiting of any monies paid for such reservation(s), and/or in our debiting your account for any costs incurred as a result of such violation. You agree and acknowledge that the Company does not store any credit or debit information and hence shall not be held liable for any misuse or misappropriation of the card information on account of the usage of the card for an online transaction.
(ii) In the event the booking is unsuccessful due to, including but not limited to, i) non-confirmation of the online transaction payment to the Company from credit and debit card providers, ii) failure of payment of any form, iii) technical interruptions on the Mobile application, website and/or third-party Mobile applications rendering the online transaction as incomplete, the Company will not be liable to confirm the receipt of payment, provide a refund, and/or confirm the required bookings. You agree and accept to contact such credit and debit card providers directly to claim refunds for any such payment requirements
(iii) With respect to the booking of hotels via the Mobile application and the website, certain hotels may provide an option to “Pay Online Now” or “Pay Later at The Hotel” at the time of check-in. In the event, you select the “Pay Online Now” option, the Mobile application, and the website will charge the amount to your credit card in the bank account currency immediately. If you select the “Pay Later at The Hotel” option, the hotel will charge your credit card in the local currency at the time of check-in. Please note that fees may vary, from the time of booking and the time of check-in, as per the currency exchange rate.
(iv) You accept and agree that the Company is indemnified from any such instances of misappropriation of personal data, including but not limited to, identity theft, fraud, misappropriation of payment details, etc.
8.Change and Cancellation Policy
(i) Any request for change or cancellation of any online transaction or Service purchased on the Mobile application and or the website must be delivered online through the respective functionality of the mobile application or in writing to the customer service address or email provided under the ‘Contact Us’ information on the Mobile application and the website, and must be received in either case, on a working day at least twenty-four (24) hours before the scheduled travel or booking date.
(ii) You accept and agree to abide by the terms and conditions imposed at the time of your purchase, which will determine the change and cancellation policy applicable to your purchase, including, but not limited to penalties and difference in price which may apply. Additionally, you agree that:
(iii) Certain bookings are non-refundable in nature and if a change or cancellation policy relevant to your request is not provided in the terms and conditions imposed at the time of your purchase, your purchase cannot be changed and would be non-refundable in the event of a cancellation.
(iv) If the cancellation terms mentioned at the time of your purchase do not explicitly state a refundable amount or how it may be calculated, your purchase would be non-refundable in the event of a cancellation.
(v) If the change or cancellation terms mentioned at the time of your purchase do not specify the price of partly utilized services, they will be calculated based on the price of the full service at the time of your request and not pro-rata.
(vi) Requests for permitted changes and cancellations will be processed within 45-60 working days after all payments required to process the request are settled. In the event of a cancellation, any payments to be refunded after the deduction of payments required to process the cancellation will be credited in your favor within the said 45-60 days period subject to the Company having received the refund amounts from the respective Supplier. In the event, there is an inordinate delay at the end of the Supplier which causes a further delay in the processing of the refund, the In this case, the customer must observe this matter and wait until we receive the amount from the supplier. Our company does not take any responsibility and the client is not entitled to compensation.
9. Delivery Policy
(1) All Services purchased on the Mobile application and or website and the transaction receipts will be delivered in the form of a printable electronic ticket (“Ticket”) after the successful completion of your purchase. Your ticket will be delivered as a permanent record electronic mail (“E-mail”) to the e-mail address you provide at the time of purchase.
(2) You must check that you have received the Ticket for your purchase by E-mail and notify us without delay if you have not received it within one day after your successful completion of the purchase.
(3) The Company does not assume liability for non-receipt of Ticket if on account of incorrect e-mail address provided or inability of the server to deliver the email containing your ticket after your successful completion of the purchase or for up to twenty-four (24) hours thereafter for any reason whatsoever.
10. Third-Party Sites
(A) The Mobile application and the website may contain hyperlinks to other (“Linked Sites”) operated by third parties. The Linked Sites are not under the control of the Company and the Company is not responsible or accountable for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Any purchase made by you from such Linked Sites will be solely your decision and responsibility and will be separately governed by the third parties’ respective terms and conditions. The Company is not responsible for any form of transmission, whatsoever, received from any Linked Site. The Company is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators or owners, including the legal heirs or assigns thereof. In addition to the Agreement, you shall also ensure compliance with the terms and conditions of the third parties’ Linked Sites, with whom you choose to transact. It is hereby clarified that the Company shall not be held liable for any transaction between you and any such third party.
11. Submissions Made on the Mobile application and the website
(1) The Company appreciate your taking the time to make a submission or review or leave comments on the Mobile application or the website. Please be aware that by submitting content on the Mobile application or the website by electronic mail, postings or on the Company’s social media platforms, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the Company and the Company Affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name used for such Submissions. You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at its discretion, and that such Submissions may be shared with our supplier partners. You further grant the Company the right to pursue at law any person or entity that violates your or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. The Company assumes no liability for any Submissions posted or submitted by you and there is no obligation to post your comments. The Company will decide on the suitability and appropriateness of the Submissions at its sole discretion and its decision will be final and binding. If you do not agree to these terms and conditions, please do not provide any Submissions.
(2) You are fully responsible for the Submissions, (specifically including, but not limited to, reviews posted to the Mobile application and the website). You are prohibited from posting or transmitting to or from this Mobile application and the website: (i) any false, unlawful, threatening, libelous, pornographic, defamatory, obscene, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial information or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable and responsible for any damages resulting from any violation of the foregoing or other restrictions, or any other harm resulting to the Company or any third party from your Submissions.
12. Use of Personal Data and Disclosure of Information
(i) The Company shall collect, process and maintain the information you provide on the Mobile and the website application in its database in order to conduct its business, web statistics, customer analysis, inform and make available products and services that you may be of interest to you, marketing promotions, from time to time. The information shall also be used to contact you when necessary such as for promotions, offers, update records, credit checks, ascertaining financial requirements, debt collection and any other purposes required by law.
(ii)The Company has the right to disclose, disseminate, share, divulge or transfer information provided by you to the Company Affiliates in other countries and/or with its suppliers, vendors and third-party providers as the case may be. You hereby consent to such disclosure and transfer of information on a need to know basis. In accordance, the Company and the Company Affiliates will transfer personal data or information, to any other body corporate or a person in the country, or located in any other country, that ensures the same level of data protection that is adhered to by the Company.
13. Intellectual Property Policy
(i) Any software or applications made available to download from this Mobile application and the website, including without limitations, applications from the Appel iTunes Store, Google Play Store etc. (“Software”) is the copyrighted work of the Company or its affiliates, and/or its respective suppliers or vendors. The usage of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You shall not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Mobile application or the website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Mobile application and the website in accordance with these terms and conditions and for no other purpose whatsoever.
(ii) Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Mobile application and the website, are owned by the Company or its affiliates, suppliers or vendors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
(iii) All the content and information contained in the Mobile application and the website is the intellectual property of the Company and shall continue to remain its property save and except any exclusion specified therein are registered trademarks of the Company and the Company Affiliates in the KSA or overseas. Except as provided in the Agreement, such intellectual property may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company. The usage of the Mobile application and the website or Services does not by itself entitle you to a right or license to use or benefit from the intellectual property. The Company reserves its rights to initiate proceedings against any acts of infringement in addition to cancellation of the online transaction initiated by you.
(iv) If you are aware of an infringement of our brand or intellectual property or believe that the Mobile application content infringes your copyright, please let us know by e-mailing the Company as per the contact details listed under the ‘Contact Us’ information on the Mobile application.
14. Disclaimer of Warranty
(1) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT PROVIDE OR MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, EXPRESS OR IMPLIED ABOUT THE MOBILE APPLICATION AND THE WEBSITE, SOFTWARE OR THE SERVICES. ALL SUCH INFORMATION IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY PERSON, ARISING OUT OF OR FROM THE USE OF THE MOBILE APPLICATION AND THE WEBSITE OR THE SERVICES.
(2) THE WARRANTIES EXPRESSLY STATED IN THE AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY THE COMPANY. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE SERVICE AND MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE COMPANY DOES NOT WARRANT THAT USE OF THE MOBILE APPLICATION AND THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. THE COMPANY IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET
15. Liability Disclaimer
(i) The content, information, Software or services published on the Mobile application and the website may include inaccuracies or errors, including pricing errors or mistakes. The Company and its affiliates, suppliers and third party vendors through whom the Services are provided (collectively, “Company Affiliates”) do not guarantee the accuracy or authenticity of, and disclaim all liability for any errors or inaccuracies relating to the information and description of the route, hotel, cruise, car and other travel products displayed on the Mobile application and the website (including, without limitation, the price, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Prices are not valid until purchased, and in addition, the Company expressly reserves the right to correct any price errors on the Mobile application and the website and/or on pending reservations made under an incorrect price. In such event, you will have the option to keep your pending reservation at the correct price or cancel your reservation.
(ii) You are personally responsible to ascertain and obtain travel documents for your entire trip including passport, entry visas, transit visas, emigration letters and any other specific requirement applicable in the country you are travelling to. The Company and Company Affiliates do not assume any liability for your being denied entry into an airport or country or hotel on account of lack or absence of a travel document.
(iii) Hotel ratings displayed (if any) on the Mobile application and the website are intended as only general guidelines and the Company and Company Affiliates do not guarantee the accuracy of the ratings and no guarantees about the availability of specific products and Services. The Company and Company Affiliates may make improvements and/or changes on the Mobile application and the website at any time.
(iv) The Company and Company Affiliates make no representation about the suitability of the information, fitness for a particular purpose, conditions of merchantability, implied warranties of software, products or Services contained on the Mobile application and the website for any purpose, and the inclusion or offering of any products or Services on the Mobile application and the website does not constitute any endorsement or recommendation of such products or Services by the Company and Company Affiliates. The Company and Company Affiliates disclaim all warranties and conditions that the Mobile application and the website , its servers or any email sent from the Company and Company Affiliates are free of viruses or other harmful components.
(v) The carriers, hotels and other suppliers providing travel or other Services on this Mobile application and website are independent contractors and not agents or contractors of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from usage their products or Services. The Company and Company Affiliates shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
(vi) If, despite the limitation above, the Company and Company Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Company and Company Affiliates’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transaction on the Mobile application and the website, or (b) Four hundred Saudi Arabia Riyal (SAR 400).
(vii) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company and Company Affiliates.
16. Limitation of Liability
(i) IN NO EVENT, WILL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE) ARISING OUT OF:
a. ACCESS TO, OR USE OF THIS MOBILE APPLICATION AND THE WEBSITE , OR DELAY OR INABILITY TO USE THIS MOBILE APPLICATION, OR ANY INFORMATION CONTAINED IN THIS MOBILE APPLICATION OR THE WEBSITE ; OR,
b. THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES (EXCEPT CARRIAGE BY AIR PERFORMED BY US).
(ii) NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW
(i) You agree to, indemnify and hold harmless the Company and Company Affiliates, suppliers and any of their officers, directors, employees and agents from and against any claims, losses, demands, recoveries, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable attorney fee, brought by Regulatory Authorities or other third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any applicable law or the rights of a third party;
(c) your usage of this Mobile application or the website in illegal way;
(d) any claim of any infringement of any intellectual property right or any other right of any third party; or
(e)any claim made by any third party arising out of the use of the Services and/or arising in connection with Services offered to you.
18. Visa Requirements
(i) Travel bookings done using the mobile application and the website Services are subject to the applicable visa requirements to be procured by you. The Company and Company Affiliates shall not be responsible for any issues, including inability to travel, arising out of such visa requirements and shall not be liable to refund untraveled bookings due to any such reason.
19. Travel Destinations Risks
(i) It is your responsibility to review warning, announcements and travel prohibitions issued by the necessary government prior to booking travel to the desired destination. By offering for sale travel to particular international destinations, the Company does not guarantee, warrant or represent that travel to such destinations is without risk and the Company will not be liable for any losses or damages arising from travel to such destinations.
20. Force Majeure
(i) Neither party to this Agreement shall be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed by a force majeure event including but not limited to fire, flood, war, riot, embargo, organized labour stoppage, earthquake, hurricane, acts of civil or military authorities, acts of terrorism, acts of god etc. beyond the reasonable control of the parties, provided that the party whose performance is affected by the event of force majeure gives notice in writing to the other party of such event and provided further that the party whose performance is so affected did not act in a reckless manner or did not willfully misconduct itself.
(i) The Company maintains strict security standards and procedures with a view to preventing unauthorized access to your data. We use leading technologies such as (but not limited to) 128-bit VeriSign secure socket layer Data encryption, firewalls and server authentication to protect the security of your data. Access to your account and account information is protected by a password, which you set. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. If your browser is appropriately configured it should tell you whether the information you are sending will be secure (generally by displaying an icon such as a padlock). The combination of a secure browser at your end and our security measures provide you with the best security available. Once we receive your information, we will take all reasonable steps to protect the information. It may also be possible for you to review and change contact information such as address, phone and e-mail information by signing on and updating your personal profile. It is your responsibility to maintain the secrecy of any user ID and login password you hold. To protect your privacy, proof of identity or other authentication is required any time you contact us via the contact center.
23. Transmission over the Internet
(i) Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions in communications facilities that are not under our control affecting the accuracy or timeliness of messages and transactions you send. In order to maintain the security of our systems, protect our staff, record transactions, and, in certain circumstances, to prevent and detect crime or unauthorized activities, we reserve the right to monitor all internet communications including web and email traffic into and out of its domains.
(i) If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
25. Binding Nature, Benefit
(i) This Agreement shall inure to the benefit of and be binding upon the users of the Mobile application and the website and the Company and their respective successors and permitted assignees.
26. Governing Law
(i) The Agreement shall be governed by the applicable laws of the Kingdom of Saudi Arabia. You agree that the resolution of any dispute that would arise between them according to the terms will be under the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.
(ii) ANY CARRIAGE BY AIR USING A TICKET OBTAINED USING THE MOBILE APPLICATION OR THE WEBSITE SHALL BE SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE RELEVANT CARRIER AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIER’S LIABILITY IN CERTAIN CIRCUMSTANCES. YOU SHOULD REFER TO THE APPLICABLE CONVENTION PROVISIONS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.
27. Contact Us
All notices and communications shall be in writing, and shall be deemed given if delivered personally or by courier service, or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:
Graficon spol. s r.o.
Nekázanka 880/11, 11000 Prague 1 – Czechia