The terms "we", "us", "our" and "Airlink Tours and Travel inc." refer to [Airlink], a Florida corporation. The term "you" refers to the customer booking a reservation through us or through our customer service agents. The term "Agreement" or "Terms & Conditions" refer to all the terms, conditions, and notices set forth below.
By booking any travel products or services, or accessing or using promotional materials in any manner you agree to be bound by this Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not make bookings through our customer service agents or otherwise. We reserve the right at any time, at our sole discretion, to change or otherwise modify these terms and conditions without prior notice, and your continued access or use of our services signifies your acceptance of the updates or modifications.
1. Airlink. is a private company. Airlink is not associated with any United States or foreign government offices or embassies. Airlink is not responsible for the granting or denying of documents. Airlink acts only as agents for the travelers in making arrangements for services provided by third parties, such as airlines, hotels, buses or other transportation suppliers in connection with the offered Hajj package (hereinafter "Service Providers").
Our marketing material displays information about travel locations, airfares, travel agents locations, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, travel companies and many other things, as a convenience to you. Although Airlink uses best efforts to ensure the information supplied to Airlink by the Service Providers is correct and up to date, you agree that neither Airlink nor its affiliates is liable for the accuracy of such information. Many of the services which made up your travel booking are provided by Service Providers. Specifically, ground services in connection with the offered Hajj package will be provided by or arranged by Dar El Salam Import-Export Travel, Inc., a New York corporation ("DST"). Service Providers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. We suggest that you review any such terms and conditions of those Service Providers.
Airlink accepts no responsibility for information supplied or representations made to us by third parties including the Service Providers. Airlink recommends that you confirm all information with the Service Providers. The details of the offered Hajj package, including but not limited to prices, tours, flights, hotels, and other information contained in promotional materials are subject to change without notice. Promotional materials include relevant websites and other online materials. The products and services are subject to availability. It should be noted that all documents issued to travelers are non-transferable. Such documents may include but are not limited to, visas, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with a Service Provider. Such documents may also be subject to conditions such as, but not limited to, being non- refundable, non-date-changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions. If for any reason, any Service Provider is unable to provide the services for which you have contracted, your remedy lies with that Service Provider, and not against Airlink or DST.
In the event Airlink received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from Airlink.
Unless otherwise expressly agreed to by Airlink in writing, you are responsible for obtaining all passports, visa and health information required.
Hajj Visa. The Consular Section of the Royal Embassy of Saudi Arabia in Washington DC has announced that as of 2016, individuals who have performed Hajj within the immediate five (5) years preceding their current application will not be eligible for a hajj visa. Airlink IS NOT RESPONSIBLE FOR DENIAL OF YOUR VISA IF YOU FAIL TO MEET THE CONSULAR REQUIREMENTS. Refer to Section 8 of these Terms and Conditions for Airlink's cancellation policy. For further information on hajj visa requirements, visit: www.saudiembassy.net/services/hajj_requirements.aspx.
2. Use of Websites. Your use of any website of Airlink or any Service Provider may be subject to your acceptance of terms and conditions thereof.
3. Disclaimer. Airlink does not warrant or represent that the content of promotional material is accurate, up-to-date or complete, nor that it does not infringe the rights of others. Airlink is providing the promotional material and its contents on an "as is" basis. Airlink makes no representations or warranties of any kind with respect to the Website, the promotional material, its contents or any of the products or services supplied by Airlink. You agree that no supplement, amendment, or modification to the packages described on the website or other promotional material shall be binding unless it is in writing and signed by all parties. You agree that you have not relied upon any oral representation in the selection or purchase of any Airlink tour packages, and have relied solely upon your own research and findings and the written promises and agreements contained herein. To the maximum extent permitted by law, Airlink disclaims all implied representations and warranties including, without limitation, implied warranties that Airlink products and services offered will be of merchantable quality, fit for any purpose or will comply with any descriptions on the promotional material. To the maximum extent permitted by law, you release Airlink from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of the third party products or services or any other act or omission of a Service Provider.
To the maximum extent permitted by law, neither Airlink nor any of our officers, employees, shareholders or other representatives will be liable in damages or otherwise in connection with your use of or inability to access promotional materials or the purchase and use of any products and services supplied via any websites or any breach of any warranties that may be implied by law. This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. You agree that your sole remedy is the refund of any money that you paid to Airlink.
If applicable, hotel ratings stated on promotional material (without limitation includes photographs, list of hotel amenities, descriptions of property, etc.) are provided by the respective Service Providers. These hotel ratings are general guidelines and Airlink cannot guarantee their accuracy. The promotional material is to be used as a general guide and the ratings and hotel information may be amended periodically by the respective Service Providers to keep current. Please be advised that during the peak Hajj season the Service Providers accommodate a large number of pilgrims and consequently the quality of service indicated by their respective ratings may suffer. Airlink does not guarantee or make any representations as to the quality of services provided by Service Providers.
Airlink is not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, delays, or any other damages or expenses resulting from Service Providers. Airlink has no liability and will not refund due to delay, cancellation, overbooking, strike, force majeure, terrorism, and any other causes that are beyond Airlink's direct control or from any loss or damage resulting from improper passport, visas or other documents. DST is not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, delays, or any other damages or expenses resulting from Service Providers or the acts or omissions of Airlink. DST has no liability for, and will not refund due to delay, cancellation, overbooking, strike, force majeure, terrorism, and any other causes that are beyond DST's direct control or from any loss or damage resulting from improper passport, visas or other documents. Subject to the foregoing and for the avoidance of doubt, DST is solely responsible for the arrangement of ground services in connection with the offered Hajj package.
Airlink has no control and is not responsible for any additional expenses, delays, omissions, re-routing, or acts of interference by any government or legal authorities, including but not limited to, government changes in the dates of the Islamic ('Hijri') calendar. I explicitly understand that the Islamic ('Hijri') Calendar may change relative to the Gregorian calendar, which may affect my hotel, flight, and other travel accommodations, and I do not hold Airlink or any of its representatives liable for any such change(s), or any impact that such change(s) may have upon my pilgrimage or its integrals.
Airlink is not responsible for any traveler(s) missing any part of the program due to no fault of Airlink, including but not limited to, the traveler(s) selecting flights that occur outside the published package and tour dates. In such event(s), the traveler(s) shall be responsible for any additional expenses incurred for the traveler(s) to rejoin the tour. Airlink will not make any changes after departure and will not redeem any part of the payment for any services rendered unutilized.
Shipping and Handling of Documents. Airlink will use DHL, FedEx, or UPS to return your documents unless you send Airlink a pre-paid completed label for the courier of your choice to use for the return of your documents. Airlink is not responsible for any delays, loss or damages resulting from the return of your documents by DHL, FedEx, UPS, or any other courier services.
4. Safety. Please be aware that during your participation in packages operated by Airlink, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; the forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. Airlink will not have liability regarding access to or provision of medical care or the adequacy of any care that may be rendered. While Airlink will use its best efforts to ensure the adequate measures are taken, by agreeing to participate in a package and/or optional excursions you agree that you will hold Airlink harmless regarding any access to or provision of medical care or the adequacy of any care rendered.
5. Fitness and Health. Please be aware that during your participation in packages operated by Airlink, certain aspects of the tour package will be physically demanding and require a certain level of physical fitness to be able to fully participate. You agree that you are physically fit to travel and participate in the packages operated by Airlink, and that it is your responsibility to research all package destination(s), and the included activities, to determine whether you are physically fit and able enough to participate at the level required by the tour. You hold harmless Airlink and agree that Airlink shall have no liability regarding any portion of the tour that you are unable to participate in due to your health and/or fitness level. Airlink will not have liability regarding access to or provision of medical care or the adequacy of any care that may be rendered.
6. Insurance. Many of the problems for which Airlink cannot be held responsible for can be insured against. Airlink highly recommends that you purchase third party insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of trip. Individuals are responsible to finance on the spot medical treatment and other contingencies, and then to reclaim this from their own insurance, if covered. You will be required to provide documentation to the insurance company to facilitate a claim. Please note that there are exclusions to coverage of insurance. Insurance has to be purchased and paid for in full as soon as the booking is made to become effective.
To the extent permitted by law, you release Airlink from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of any loss of baggage.
7. Reservation/Deposits/Fees. Airlink accepts checks, money orders, Your payment is not deemed made until received by Airlink.
For the offered Hajj package:
Total Price: $6,900 Quad $7,300 Trp $7,800 Dbl
Deposit Amount: $ 1500 due at the time of registration
Balance of Full Payment: 10th July 2016
For bookings greater than 150 days in advance of departure, Deposit is due within one week of booking, Initial Payment is due 150 days prior to departure, and Final Payment is due by 90 days prior to departure.
For bookings between 60 and 150 days in advance of departure, Deposit plus Initial Payment are due immediately upon booking and Final Payment is due 90 days prior to departure.
For bookings less than 60 days in advance of departure, Final Payment (including Deposit and Initial Payment) is due immediately upon booking.
Your booking is not confirmed until your registration/application is approved by Airlink at its sole discretion, the Deposit is received by Airlink and you receive written confirmation of your booking from Airlink. Your reservation may be automatically canceled if payments are not received by Airlink by the applicable deadlines above. Please review and verify your booking invoice thoroughly and contact your travel agent or Airlink immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Please be advised that once your visa has been processed, there will be NO refunds available for the package(s) you have purchased. All fees imposed by the Kingdom of Saudi Arabia, including Hajj and Umrah fees or related to the ritual animal sacrifice, are separately charged and not included in any package or programs.
Please be advised Airlink reserves the right to reject/refuse any application for any reason at any time prior to departure.
8. Cancellation. All cancellation requests must be received by Airlink in writing. You acknowledge and understand that Airlink incurs significant expenses and losses if a traveler cancels a booking. You expressly understand that the following cancellation fees will apply and be strictly adhered to by Airlink:
(a) At least ninety (90) days before scheduled departure date: $500 per person cancellation fee.
(b) At least sixty (60) days before schedule departure date: $1,500 per person cancellation fee.
(c) Less than sixty (60) days before scheduled departure date: no-refund will be provided on any reservation.
In addition to the above-noted cancellation fees, airfare purchases are nonrefundable and any such amounts shall not be reimbursed to any traveler canceling a booking.
9. Travelers Who Need Special Assistance. You must report to Airlink in writing any disability requiring special attention while traveling at the time the reservation is made. Airlink will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by Service Providers. Airlink regrets that Airlink cannot provide individual assistance to a traveler for walking, dining, getting on and off buses and other vehicles, or other personal needs. A qualified and physically able companion must accompany travelers who need such assistance and must assume full responsibility for their well-being; if such a companion is not available for the traveler, Airlink may, in its discretion, cancel the reservation and return the full deposit of the traveler. Airlink accepts no liability or responsibility for any traveler who needs such assistance but does not have a qualified and physically able companion.
10. Young Travelers. Travelers who are less than 18 years old on the departure date must be accompanied by an adult throughout the duration of the travel. For any special requirements regarding airline tickets for children, contact your airline directly. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. Airlink suggests that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
11. Mandatory Negotiation, Mediation and Arbitration of disputes; Waiver of Jury Trial and Punitive Damages. In the event of any controversy or claim arising out of or relating to this Agreement or any other contract between yourself and Airlink, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, then either party may, by written notice to the other party, demand mediation in New York, New York exclusively, before a mediator mutually agreed upon by the parties. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the city of New York, New York, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules. Except as may be required by law or to the minimum information necessary for entry of judgment, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all/both parties. THE PARTIES UNDERSTAND AND AGREE THAT MEDIATION AND ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER CONTRACT BETWEEN YOURSELF AND AIRLINK, OR BREACH THEREOF. THE PARTIES FURTHER UNDERSTAND THAT THEY HEREBY WAIVE ANY RIGHT TO SUE IN COURT.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to the Agreement within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. In any case, AirLink shall not be liable for any damages or costs other than compensatory damages. Additionally, you hereby waive any right to punitive damages. ALL PARTIES AGREE TO IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CAUSE OF ACTION, CLAIM, COUNTERCLAIM, OR CROSS- COMPLAINT IN ANY ACTION OR PROCEEDING AND/OR HEARING BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF THESE TERMS & CONDITIONS OR ANY AGREEMENT BETWEEN YOU AND AIRLINK.
IN THE EVENT THAT THE ARBITRATION CLAUSE CONTAINED HEREIN IS DEEMED INVALID BY A COURT OF LAW, EACH PARTY AGREES THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND/OR FEDERAL COURTS LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK. EACH PARTY WAIVES ANY OBJECTION WHICH IT MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE IN THE COUNTY OF NEW YORK, STATE OF NEW YORK OF SUCH ACTION OR PROCEEDING AND IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING.
12. General. If any of these Terms & Conditions is in invalid or unenforceable, only the portions of the provisions deemed invalid or unenforceable will be struck out, and the remaining provisions will remain in force. Accessing or using the promotional materials in any manner, or booking any travel products or services through the Website or through our customer service agents, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Headings are for reference purposes only. Notwithstanding any other provision contained herein, if Airlink does not act in relation to a breach by you or others of these Terms & Conditions, this does not waive Airlink's right to act with respect to subsequent or similar breaches. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties. No person, other than an authorized representative of Airlink by a document in writing, is authorized to vary, add, or waive any term or condition set forth in the preceding provisions. This Agreement shall be governed by the laws of the State of New York, without regard to the conflicts of laws provisions therein.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Airlink and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Airlink. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
BY SIGNING BELOW, ACCEPTING SERVICES FROM AIRLINK, OR BY NOT CANCELING THE RESERVATION WITH AIRLINK, YOU, THE TRAVELER OR ARRANGER, CONFIRM THAT YOU HAVE READ AND AGREE TO THE TERMS & CONDITIONS ABOVE. YOU ALSO ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE PACKAGE WHICH YOU ARE PURCHASING AND ALL TERMS & CONDITIONS THAT APPLY. YOU ALSO ACKNOWLEDGE THAT, IN THE EVENT YOU ARE MAKING A RESERVATION ON BEHALF OF ANOTHER TRAVELER, YOU ARE AUTHORIZED TO BIND THE OTHER TRAVELER TO THESE TERMS & CONDITIONS AND THAT YOU HAVE SO INFORMED THAT TRAVELER OF THESE TERMS & CONDITIONS.