Terms & Conditions
Effective
April 01, 2007
Welcome
to Al Shafai Travel! Please read these Terms and Conditions of use carefully
before using or obtaining any content, products, or services through our
websites.
Access
to and use of these websites is subject to acceptance of the terms and
conditions below ("Terms"), which include our Privacy Policy . By accessing, using or obtaining any
content, products, or services through these websites, you agree to be bound by
these terms. If you do not accept all of these terms, then please do not use this
website.
1. Definitions
In
this document, terms that commence with a capital letter are defined in this
Section or in the preamble.
"Content"
means the text, documents, information, data, articles, images, photographs,
graphics, software, applications, video recordings, audio recordings, sounds,
designs, features, and other materials that are available on the Site.
"Content" also includes Marks and Products and Services.
"Mark"
means trademark, trade name, service mark, trade dress, logo, custom graphics,
or icon.
"Member"
means an individual who has registered with the Site. Members choose a Member
ID and a password.
"Member
ID" means the e-mail address you use (with your password) to login to
our Site.
"Al
Shafai Travel " or "we" means Al Shafai Travel
and its subsidiaries and affiliates.
"Products
and Services" means the airline travel, hotel accommodation,
car rental , ground transportation, tours, theater tickets, attractions, travel
insurance, Al Shafai Travel Alerts, and other items available through the Site.
"Provider"
means Al Shafai Travel's licensors, suppliers, information providers, and
travel and leisure service providers.
"Purchase"
means to book, reserve, or buy.
The
terms "Site", "Marks", "Content" and
"Products and Services" do not include the sites, marks, content,
products or services that are provided by third parties, and that are available
through a link from the Site. Their use is subject to the terms set forth
by their respective owners or operations, on the third party's website.
"Site"
means the www.alshafaii.com
website and their respective sub sites, together with the respective Content,
Marks, Products and Services available from these sites and sub sites.
"Exclusive"
offers are exclusive to Al Shafai Travel and its affiliated companies
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2. Scope and Terms
Site
These
Terms govern your use of all Content, Products or Services available through
the Site. You agree to be bound by these Terms, and to use the Site in strict
compliance with all applicable laws, rulings and regulations, and in a manner
that does not negatively reflect on the goodwill or reputation of Al Shafai
Travel and its Providers.
Additional
Terms
Additional
terms, including travel service terms and conditions may apply when you
Purchase Products or Services, or when you participate in raffle, or other
promotions. For example, airlines have contracts of carriage. hotels have
cancellation policies are subject to rules. These additional terms are found in
the area of the Site where you will Purchase a Product or Service, or where you
will register.
You
agree to abide by the terms and conditions of imposed by any Provider,
including payment of all amounts when due, and compliance with all rules and
restrictions regarding the availability of products or services.
Examples
of additional terms are provided below. There may be other terms, for example
if we organize a promotion. You are responsible for reviewing the forms that
you fill out when you Purchase Products or Services, or participate in
sweepstakes, raffle or other promotions.
Al Shafai Travel Attractions & Services Terms and
Conditions
Al Shafai Travel Package Terms and Conditions
Airline Ticket Terms and Conditions
Air Fares, Taxes and Fees
Age restriction
Minors
(as defined under the laws of their jurisdiction or residence) are not eligible
to register for, use or Purchase the Products or Services available on the
Site.
Responsible party
You
are responsible for maintaining the secrecy of your Member ID and password.
This is essential to protect the confidentiality of any information that may be
stored in my account folder. In addition, you will be financially accountable
for all use of our Site by you and anyone using your password and login
information.
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3. Use of the Site
License
Al
Shafai Travel grants you a limited, personal, nontransferable, non-sub
licensable, revocable license to access and use the Site only as expressly
permitted in these Terms. Except for this limited license, we do not grant you
any other rights or license with respect to this Site; any rights or license
not expressly granted herein are reserved.
Unless
we have granted you permission in advance and in writing, you may use the Site
only for your personal, non-commercial use, and not to provide services to a
third party.
No
Copy, Distribution, or Sale
You
may download, display, or print one (1) copy of any portion of the Content.
If
you do so, you may not modify the Content in any way, and you must reproduce
the Al Shafai Travel copyright notice (or the Provider's notice as applicable)
in the form:
©
2001 - 2007 Al Shafai Travel- All Rights reserved
As displayed on the
relevant page(s) that you might copy.
Except as provided
above, you may not
·
Copy, reproduce, upload,
post, display, republish, distribute, transmit, any part of the Content in any
form whatsoever;
·
Use a frame or border
environment around the Site, or other framing technique to enclose any portion
or aspect of the Site, or mirror or replicate any portion of the Site;
·
Modify, translate into
any language or computer language, or create derivative works from, any Content
or any part of this Site;
·
Reverse engineer any
part of this Site; or
·
Sell, offer for sale,
transfer, or license any portion of the Site in any form to any third parties
Other
Limitations
Unless
otherwise provided within these Terms, or unless specific applicable law
requires Al Shafai Travel to allow you to do so, you may not do any of the
following without the prior written consent of Al Shafai Travel:
·
Use any robot, spider,
other automatic device, or manual process to monitor Content;
·
Use the Site other than
to make legitimate reservations or purchases;
·
Use the Site to make any
false, fraudulent or speculative reservation, or any reservation in
anticipation of demand;
·
Imply in any fashion
that Al Shafai Travel
is endorsing your
products or services;
·
Place false or
misleading information on the Site,
·
Post or transmit any
unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law; or for any other purpose that is
unlawful or prohibited by these Terms.
·
Use or access the Site
in any way that, in our reasonable judgment, adversely affects the performance
or function of the Site, or any other computer systems or networks used by Al
Shafai Travel , other Site users or members;
·
Upload or transmit to
the Site or use any device, software or routine that contains viruses, Trojan
horses, worms, time bombs, or other computer programming routines that may
damage, interfere or attempt to interfere with, intercept, the normal operation
of our Site, or appropriate the Site or any system, or take any action that
imposes an unreasonable load on our computer equipment, or that infringes upon
the rights of a third party;
·
Use any device,
software, or routine that interferes, or attempts to interfere, with the normal
operation of our site, or take any action that impose an unreasonable load on
our equipment; or
·
Disguise the origin of
the information transmitted through the Site.
Member
ID and Password
Access
to certain areas of the Site is only available to registered members. To become
a registered Member, you are required to answer a limited number of mandatory
questions. Answers to additional questions are optional. You represent and
warrant that all information you supply to us about yourself and others,
including email addresses, are true, valid and accurate, and that you have the
right to supply us with such information.
Termination
Al
Shafai Travel, in its sole discretion, may, at any time and without advance
notice or liability, terminate or restrict your access to all or any component
of our Site, even if access continues to be allowed to others. Upon such
termination or suspension, you must immediately discontinue use of the Site,
and destroy any copy you have made of any portion of the Site. Accessing the
Site after such termination, suspension, or discontinuation shall constitute an
act of trespass. AlShafai Travel shall not be responsible to you to such
suspension or termination.
Changes
Any
aspect of the Site may be changed, supplemented, deleted, updated,
discontinued, suspended, or modified at any time, and without prior notice to
you. However, we make no commitment to update the information contained on this
Site. You agree that Al Shafai Travel shall not be liable to you for any delay
or other damages that might result from such modification, suspension, or
discontinuance.
We
may also, at any time, change or impose fees for certain services, or establish
or change general practices and limits concerning certain services.
We
may also modify these Terms at any time.
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4. Privacy and
Security
Your
use of the Site is subject to our privacy policy . You agree that you have read our Privacy Policy, and it
is reasonable and acceptable to you.
Your
acceptance of these Terms is also your consent to the information practices in
our Privacy Policy.
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5. Services and
Content
Availability
We
will use our reasonable commercial efforts to keep our Site available on a
24-hour/7-day-a- week basis, subject to necessary scheduled downtime for
maintenance, unscheduled maintenance, and system outages. We cannot promise
that access to the Site will be uninterrupted or available at all times. We
assume no liability or responsibility for any delay, interruption, or downtime.
Content
The
Content is intended for information purposes only. Although we exercise
reasonable efforts to ensure their quality and accuracy, there might be errors,
or the information provided may not be complete, current, or applicable to your
particular situation. Further, information provided regarding the service,
amenities, products, etc. have been provided to us by the vendor. We assume no
liability or responsibility for any errors or omissions. You are responsible
for evaluating the accuracy, completeness, and usefulness of any opinion,
advice, or other content available through the Site or obtained from a linked
site.
You
should not take any action based on information on this Site until you have received
a confirmation of your transaction. We send confirmations within 24 hours of
your Purchase. If you have not received a confirmation of your purchase via
e-mail, first look into your "spam" or "junk" folder to
verify that it has not been misdirected, and if still not found, please contact
our customer service department thru email at info@alshafai.com.
Viruses
We
make reasonable attempts to exclude viruses from the Site, but cannot ensure
that the Site will be at all times free from viruses or other destructive
software. You are urged to take appropriate safeguards before downloading
information from the Site. We assume no responsibility for any damages to
computer equipment or other property that may result from use of the Site or
downloading anything from the Site.
International
Travel
Although
most travel, including travel to international destinations is completed
without incident, travel to certain destinations may involve greater risks than
others. We urge you to review and evaluate travel prohibitions, warning,
announcements, and advisories issued by the government and the aviation
administration before booking travel to international destinations. Information
on conditions in various countries and the level of risk associated with travel
to particular international destinations can be found at respective country's
web site which provides country specific information. Information of rules,
warnings, visa requirements, etc.
By
offering for sale travel to particular international destinations, Al Shafai
Travel
does not represent or warrant
that travel to such point is advisable or without risk. Al Shafai Travel does
not accept liability for damages, losses, or delays that may result from
improper documents for entry, exit, length of stay, or from travel to such
destinations.
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6. Links to third
party sites
Outbound
Links
For
your convenience, our Site provides links to other sites. When you click on one
of these links, you are leaving our site and entering another site. We are not
responsible for such third party websites.
You
should carefully review the terms and conditions of use of these sites, because
these terms will apply to your visit to these other sites.
Inbound
Links
We
welcome links from a third party site to the home page of our Site, through a
plain text link, provided that (a) you give AlShafai Travel prior written notice of such link by
contacting us thru email to seek AlShafai Travel 's permission to establish the
link; (b) you discontinue providing a link to our Site if so requested by Al
Shafai Travel ; (c) you do not imply in any fashion that Al Shafai Travel is endorsing any of your products or service
or is affiliated with you, (d) you do not present Al Shafai Travel in a false light, or provide misleading or
false information about Al Shafai Travel , or its Site or Services, (e) you do
not remove or obscure the copyright notices, or other notices on this Site; (f)
you do not use any Mark of Al Shafai Travel ; and (g) you do not replicate,
frame or mirror the content of the Site.
We
reserve the right to require you to remove links to the Site, in our sole
discretion.
Linking
to any page of the Site other than to the homepage is strictly prohibited in
the absence of a separate linking agreement with Al Shafai Travel.
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7. Intellectual
Property
Ownership
Rights
This
Site is the sole and exclusive property of Al Shafai Travel or its licensors. Al
Shafai Travel and its licensors retain all right, title and interest (including
all copyright, trademark, patent, trade secrets, and all other intellectual
property rights) in the Site. The Site is protected by copyright, trademark,
patent, trade secrets, unfair competition, and other laws of worldwide, through
the application of local laws or international treaties. Any unauthorized use,
reproduction or modification of this Site may violate such laws.
Trademarks
AL
SHAFAI TRAVEL and all other Marks that appear, are displayed, or used on the
Site are registered or common law trademarks or service marks of Al Shafai
Travel and its Providers. These Marks may not be copied, downloaded,
reproduced, used, modified, or distributed in any way without prior written
permission from Al Shafai Travel or the relevant Provider, except as an
integral party of any authorized copy of the Content.
Additional Copyright Notices
Much
of the Content is owned by third parties. These materials are subject to the
additional terms below, which are incorporated into, and made a part of the
Terms.
If
there is a conflict between the Additional Copyright Notices and the remainder
of these Terms, the Additional Copyright Notice supersede any provision of
these Terms with respect to the Content to which it pertains.
Associated Press Copyright Notice
Associated
Press ("AP") text, photo, graphic, audio, and/or video material shall
not be published, broadcast, rewritten for broadcast or publication or
redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and
non-commercial use. AP will not be held liable in any way to the user of the
Site or to any third party or to any other person who may receive information
in the Service or to any other person whatsoever, for any delays, inaccuracies,
errors or omissions there from or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing or occasioned
thereby. Corporate, governmental, and institutional users may use portions of
the Service for internal printed communications and memoranda.
Reuters
Copyright Notice
Reuter's
content is the intellectual property of Reuters Limited. Any copying,
republication or redistribution of Reuter's content, including by caching,
framing or similar means, is expressly prohibited without the prior written
consent of Reuters. Reuters shall not be liable for any errors or delays in
content, or for any actions taken in reliance thereon. Reuters, the Reuters
Logo, and the Sphere Logo are registered trademarks of the Reuters group of
companies around the world. For additional information on other Reuters
Services please visit the Reuters public web site http://www.reuters.com.
Your Comments and Submissions
Any
communications or materials you transmit to Al Shafai Travel , through the
Site, by electronic mail or otherwise, including any data, question, comments,
rating of a property or attraction, suggestion, idea, or the like
("Communications or Materials") will be treated as non-confidential
and non-proprietary. By voluntarily submitting to us, or by posting on the Site
any Communications or Materials, you grant Al Shafai Travel, and all users of
the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and
fully sub-licensable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from distribute, and display such
Communications or Materials in any form, media or technology. We assume no
responsibility for any Communications or Materials posted or submitted, or for
the return or such Communications or Materials. We want your feedback and
appreciate your ideas and suggestions, but we are unable to answer every
comment individually.
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8. Fees
Al
Shafai Travel may charge a fee for the service it provides when you purchase,
book or reserve travel services, or accommodations through the Site. Any such
service fee is non-refundable. In addition, you will be responsible for all
charges, fees, duties, taxes, and assessment arising out of your use of the
Products and Services available from the Site.
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9. Disclaimer of
Warranty
Al
Shafai Travel and its Providers make no warranty of any kind regarding the
Site, Content, Products or Services, all of which are provided on an "as
is" basis. Al Shafai Travel and its Providers expressly disclaim any
representation or warranty that the Site will be free from errors, viruses or
other harmful components, that communications to or from the Site will be
secure and not intercepted, that the Services and other capabilities offered
from the Site will be uninterrupted, or that its Content will be accurate,
complete or timely. The fact that Al Shafai Travel is including or offering any
Product or Service on the Site is not an endorsement or a recommendation of the
Product or Service.
OTHER
THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE
IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, AL
SHAFAI TRAVEL AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
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10. Limitation of
Liability
Subject
to applicable law, use of this Site and its Content is at your sole risk.
Services and Products made available on this Site are subject to conditions
imposed by the Providers, including but not limited to tariffs, conditions of
carriage, international conventions, arrangements and government regulations.
Providers who furnish products or services through this Site are independent
contractors, and not agents or employees of Al Shafai Travel. IN NO EVENT WILL AL
SHAFAI TRAVEL
OR ITS PROVIDERS BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES
FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF
PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS
OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT
LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF,
BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR
DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE
OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, EVEN IF AL SHAFAI TRAVEL
AND THE
PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR
ANY OTHER PARTY.
If,
despite the limitation above, Al Shafai Travel or a Provider is found liable
for any loss or damage which arises out of or is in any way connected with any
of the occurrences described in the limitation above, then Al Shafai Travel and
the Providers' liability will in no event exceed, in total, the sum of
US$250.00 (Two Hundred and fifty dollars only).
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11. Indemnification
You
agree to defend and indemnify Al Shafai Travel and any Provider, and each of their respective
officers, directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and accounting
fees, in excess of the liability described above, in any action filed or
commenced by any third party against Al Shafai Travel as a result of (1) your breach of these Terms
or the documents made part of these Terms by reference, (2) your violation of
any law or the rights of a third party or (3) your use of our Site.
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12. Travel Services
Terms and Conditions
Reservations,
bookings, and purchases
You
agree to abide by the terms and conditions of purchase imposed by any supplier
with whom you elect to deal. A supplier that is an air carrier is required to
make available to the public the terms of its contract of carriage, and we make
available the fare rules for all air carrier tickets before purchase.
The
circumvention of an air carrier's rules, including practices such as
back-to-back ticketing (purchasing two or more tickets with overlapping travel
dates in order to circumvent minimum stay requirements) and hidden-city
ticketing (purchasing tickets including segments which the purchaser does not
intend to use in order to circumvent an air carrier's pricing structure), is
prohibited by many air carriers. The use of prohibited ticketing practices may
result in the air carrier taking actions including the cancellation of the
ticket, denied boarding, revocation of frequent flier miles and other benefits,
additional charges to the purchaser's credit card, additional charges collected
at the airport, or future invoicing.
You
are responsible for ensuring that your purchases abide by the terms and
conditions of purchase imposed by any supplier with whom you elect to deal,
including terms and conditions of purchase set forth in an air carrier's fare
rules or contract of carriage.
Neither
Al Shafai Travel nor any provider of air traffic data makes any promises or
guarantees as to the accuracy, completeness, or adequacy of any delay or other
air traffic management information on this site, and Al Shafai Travel expressly
disclaims liability for any errors and omissions.
13. General
Your
acceptance of these Terms and your use of the Site do not create a joint
venture, partnership, employment, or agency relationship with us. You may not
assign, delegate, or transfer your rights or obligations under these Terms. If
we fail to act with respect to your breach or anyone else's breach on any
occasion, we are not waiving our right to act with respect to future or similar
breaches. If a court finds any of these Terms to be unenforceable or invalid,
that Term will be enforced to the fullest extent permitted by applicable law
and the other Terms will remain valid and enforceable. The headings in these
Terms are for your convenience and reference; they do not limit or affect these
Terms. These Terms, together with those items made a part of these terms by
reference, make up the entire agreement between us relating to your use of our
site, and replaces any prior understandings or agreements (whether oral or
written) regarding your use of our site.
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14. Provisions of
these Terms and Conditions
Prior
Terms and Conditions
These
Terms supersede any prior Al Shafai Travel Terms and Conditions relating to the
use of the Site that were displayed on this Site before the date stated above. Unless
specifically provided, they do not supersede the Additional Terms for carriage,
awards, attractions provided elsewhere in this Site.
Modifications
We
may modify, revise or update these Terms and/'or the Privacy Policy, at any
time, by updating this posting. You should visit this page from time to time to
review the then-current Terms, because they are binding on you. Your continued
use of our site, following the posting of conspicuous notice of any
modification, will be subject to the Terms in effect at the time of your use.
Certain provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages of this Site.
Written
documents
You
may preserve these Terms in written form by printing them for your records, and
you waive any other requirement that these Terms be evidenced by a written
document.
Electronic
Notification
To
the extent that we may need to contact you, you agree that we may do so via any
electronic means, included but not limited to communication posted on the Site,
electronic mail, or instant messaging.
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15. Contact
Information
If
you have any questions or concerns about these Terms or if you need further
assistance with respect to access to or use of the Site or the services offered
by Al Shafai Travel , you may contact our Customer Service department as
indicated below. We will attempt to respond to your questions or concerns
promptly after we receive them.
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E-mail:
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Iinfo@alshafai.com
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Mailing address:
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Customer Service
Al Shafai Travel
Agency
P.O.Box 555
Saihat-31972
K.S.A.
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Telephone:
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+966 3 8370777
+966 3 8561012
FAX: + 966 3 8381365
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