Terms and
conditions
1. Binding agreement
I.
These terms of use, read together with the Privacy Policy, constitute
a legal and binding contract between you and Smartbookingsa.com, a subsidiary
of Smart Booking, a limited liability company validly existing under the laws
of Kingdom of Saudi Arabia Stating the terms that govern your access to use the
Company's website www.Smartbookingsa.com, the Company's mobile and tablet
applications, the Company’s online travel, ticketing, hotel reservations,
vacation packages, car rentals, VIP services, visa services, customized tour
packages, and allied reservation services, and any other service that may be
provided by the Company from time to time (collectively referred to as the
"Services").It is clarified that the Company only facilitates the
travel, hotel and other reservations through the use of its Services and the
actual travel, accommodation, vacation, visa, or other service is rendered by a
third party service provider.
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 Services 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 Website and/or
using the Services of the Company through 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 Website, 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 Website signifies your acceptance of the updated or modified Agreement.
2. Use of the website
I.
As a condition of your use of this Website, you warrant
that.
A.
you are at least 18 years of age,
B.
you possess the legal authority to create a binding legal
obligation,
C.
you will use this Website in accordance with this Agreement,
D.
you will only use this Website to make legitimate
reservations for you or for another person for whom you are legally authorized
to act on behalf,
E.
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
F.
all information supplied by you on this Website is true,
accurate, current and complete.
II.
You acknowledge that 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 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.
III.
You agree and understand that 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.
IV.
The Company retains the right at its sole discretion to deny
access to anyone to this 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 Website (including, but not limited to, price, discounts, deals,
promotional offers, availability of tickets, hotels 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
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 Website. Additionally, you agree not
to:
·
use this Website or its contents for any commercial purpose;
·
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 Website or bypass or circumvent other measures employed to prevent or
limit access to this Website;
·
take any action that imposes, or may impose, in our
discretion, an unreasonable or disproportionately large load on our 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 Website;
·
take any action or use any software or other function that
may cause malfunction of the Website;
·
deep-link to any portion of this 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 Website into any other website without our prior
written authorization;
·
violating or attempting to violate the integrity or security
of the Website or any content thereof or attempting to decipher, decompile,
disassemble or reverse engineer any part of 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 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 Website.
4. Use of Services
I.
You acknowledge and agree that the scope of Services
rendered by the Company includes only facilitation of booking of tickets,
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.
II.
Any reservation or booking initiated by you 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.
III.
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.
IV.
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.
V.
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 a 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.
VII.
The Company may, at any time and without having to serve any
prior notice to you,
§
upgrade, update, change, modify, or improve the Services or
a part of the Services in a manner it may deem fit,
§
change any promotion scheme, promotion period, grace period
either by the Supplier (by whatever name it is called)
§
change the contents of the Agreement. The Company may also
alter or remove any content from its Website without notice and without
liability.
5. Loyalty Programs
I.
As per the Company’s unique loyalty program (“Loyalty
Program”), the Company offers you the opportunity to collect points and have
access to special promotional offers by registering and creating an account on
the Website. You may accumulate points based on the purchase of Services made
through the Website, which will be valid for a total of five (5) months, 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, etc.
II.
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 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 Website 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 to us in writing within thirty days thereafter, failing which, the
Company will not entertain any such complaints.
7. Booking and Payment
Policy
I.
You accept and 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 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 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 Saudi Riyal (“SAR”). You warrant that you are the cardholder or have the
authority to use the card that you are using for the 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 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 usage of the card for an online transaction.
II.
In the event the booking is unsuccessful due to, including
but not limited to,
§
non-confirmation of the online transaction payment to the
Company from credit and debit card providers,
§
failure of payment of any form,
§
technical interruptions on the Website and/or third party
websites 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 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 Website will charge the amount to your credit card in SAR
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 Website must be delivered online
through the respective functionality of Smartbookingsa.com or in writing to
the customer service address or email provided under the ‘Contact Us’
information on the Website, support@smartbookingsa.com, and must be received in
either case, on a working day at least twenty-four (24)
hours before the scheduled travel or booking date and before the cancellation
deadline to avoid any extra charges. The normal working hours of the Company is
8 AM to 11 PM Saudi time, and for emergencies, you may contact us on support@smartbookingsa.com
mentioning “ Urgent” in the mail subject so your case can be handled in the
priority queue.
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 10-45 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 15-45 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 processing of the refund, the
Company shall not be held responsible or liable and it will be your
responsibility to follow up with the Company, which will in turn endeavor on a
best effort basis to expedite the refund.
9. Delivery Policy
I.
All Services purchased on the 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.
II.
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.
III.
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
I.
The Website may contain hyperlinks to other websites
("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 Website
II.
We appreciate your taking the time to make a submission or
review or leave comments on the Website. Please be aware that by submitting
content on 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 rights 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.
III.
You are fully responsible for the Submissions, (specifically
including, but not limited to, reviews posted to the Website). You are
prohibited from posting or transmitting to or from this Website:
§
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;
§
any commercial information or content (including, but not
limited to, solicitation of funds, advertising, or marketing of any goods or
services); and
§
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 Website 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 KSA, 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 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
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 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 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 Website is
the intellectual property of the Company and shall continue to remain its
property save and except any exclusion specified therein. Smartbookingsa.com
and variations of Smartbookingsa, like Smartbookingsa.sa, Smartbookingsa.qa, Smartbookingsa,ae,
etc. 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 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 Website 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 Website.
14. Disclaimer of Warranty
I.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT
PROVIDE OR MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, EXPRESS OR IMPLIED
ABOUT 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
WEBSITE OR THE SERVICES.
II.
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
WEBSITE 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 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 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 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 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 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 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 Website for any purpose, and the inclusion or
offering of any products or Services on 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 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 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 using 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
Website, or
B.
Four hundred Saudi Arabia Riyal (SAR 400.00).
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 WEBSITE, OR DELAY OR INABILITY TO
USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS 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
17. Indemnification
III.
You agree to defend, indemnify and keep indemnified 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 Website;
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
IV.
Travel bookings done using the 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 the inability to
travel, arising out of such visa requirements and shall not be liable to refund
untraveled bookings due to any such reason, save and except if the necessary
visa is being availed by the Company
19. Travel Destinations
V.
You must note that travel to certain destinations may involve
greater risk than other. 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
VI.
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.
21. Security
VII.
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. If the Company no longer
needs your information, the Company will destroy or de-identify it. 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.
22. Cookies
VIII.
We may gather and analyze information regarding usage of the
Website, including domain name, the number of hits, the pages visited and
length of user session. This information may be gathered via JavaScript and
persisted by using a cookie. A cookie is a small text file placed on your hard
drive by our web page server. A cookie will make the use of the Website faster
and easier.
23. Transmission over the Internet
IX.
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.
24.
X.
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
XI.
This Agreement shall inure to the benefit of and be binding
upon the users of the Website and the Company and their respective successors
and permitted assignees.
26. Governing Law
XII.
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.
XIII.
ANY CARRIAGE BY AIR USING A TICKET OBTAINED USING 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 sent via the email