IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS AND CONDITIONS (THE “TERMS”) CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR PURCHASE AND USE OF THE TRAVEL PACKAGES (EACH A “PACKAGE” AND, COLLECTIVELY, THE “PACKAGES”) PROVIDED BY [UMRAH MABROOR, LLC] (THE “COMPANY”).
BY CLICKING AN ONLINE ACCEPTANCE BUTTON OR BY EXECUTING AN AGREEMENT THAT REFERENCES THESE TERMS, YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THE TERMS STATED HEREIN, THEN YOU MAY NOT PURCHASE THE PACKAGES. YOUR PURCHASE OF A PACKAGE CONSTITUTES FINAL ACCEPTANCE OF THESE TERMS.
Changes
These Terms, may be changed at the sole discretion of the Company and without notice. You shall be bound by any such changes with respect to all Packages purchased after such changes have been posted to the Company’s website, located at www.umrahmaboor.com (the “Website”), so you should periodically review these Terms. If any modification is not acceptable to you, your sole remedy and recourse is to elect not to purchase the Packages.
Packages and Performance Responsibility
The Company makes arrangements with third party airlines and hotels (each a “Provider” and, collectively, “Providers”) for the Packages, which include air transportation and lodging. The Company is not an agent or partner of its customers or Providers and is not responsible for the actions of such parties, including you. Each component of your Package is provided by the applicable Provider, and the Company is not responsible for any cancellations of a Provider or the reimbursement of any money paid by you (or any incidental, consequential or other damages incurred by you) in the event that a Provider fails to perform its services to your satisfaction. Any claims that you may have with regard to the performance of a Provider in connection with your purchase of a Package must be directed to and resolved with such Provider.
Once your Package has been booked, the Company is under no obligation to transfer or change your reservation to another name, Provider or destination. All travelers included in a Package must travel under the same Package, and individual travelers cannot be added or deleted from a Package after it has been booked.
Travel Requirements and Responsibilities
A government-issued photo ID is required at airports and hotels and may be required by certain Providers. In addition, proof of citizenship is required for international destinations. Although we may also require copies of such IDs and documentation, it is solely your responsibility to provide all documentation upon appropriate request. If you have any questions regarding such requirements, we suggest you contact your country’s local consulate. Passports are strongly recommended for all travelers. You will not be entitled to a refund if your failure to provide proper documentation results in delayed or unused components of your Package.
Pricing, Charges and Payment
Prices for Packages are displayed in United States Dollars. Prices and availability are valid only with respect to entire Packages, and if the Package has been billed to your credit card as one amount, prices are not available with respect to any individual components of your Package.
Payment for all Packages must be made in full upon purchase of a Package, whether by credit card or otherwise. If you pay by credit card, you may have separate credit charges for each component of your package, which will amount to the total price for the Package purchased. The availability of your Package, including each component thereof, in not guaranteed until full payment is received therefore. [A minimum non-refundable deposit of fifty percent (50%) must be made, in order for you to hold a confirmed reservation. Your reservation may be cancelled if full payment is not received before the expiry of your reservation.] At the time of purchase, you authorize the Company, or an authorized contractor of the Company, to charge your credit card, if applicable, for the total amount of the Package. The cardholder must be a traveler included in the purchased Package.
Package prices include taxes and service fees applicable to the airfare and hotel stay components of your Package. However, additional baggage, fuel or security fees may be charged by Providers. You are solely responsible for any such additional fees due to a Provider, and if you have any concerns regarding such fees, please contact the applicable Provider directly. Government entry and exist fees may also apply, for which you will be solely responsible.
Package prices do not include liability insurance, personal accident insurance, personal effects protection or incidental room charges at hotels (for example, without limitation, telephone charges, energy surcharges and any increases in applicable taxes). All such charges or fees must be timely paid by you to the applicable Provider.
In addition, you may be required to provide a credit card at the time of check-in to hotel(s) to provide confirmation of authorized card use or to secure additional charges or fees (including, without limitation, those noted above). It is your sole responsibility to provide your credit card in accordance with the policies of the Providers requesting such credit card. The Company is not, and will not be held liable for, any consequences that result from your failure to abide by any Provider’s policies.
Changes, Cancellations and Insurance
Although the Company is under no obligation to cancel, refund or change any aspect of your Package once it has been booked, you may call the Company to request a change or cancellation (requests for changes or cancellations will not be accepted by email). Please do not call any Providers, as they are not authorized to cancel, refund or change any aspect of your Package. The customer service number for requesting changes or cancellations is 714-403-3536.
Changes
All changes are subject to availability and the limitations and restrictions of Providers. Availability may be limited, and changes are likely to result in additional charges or fees, which may be substantial. Some airline tickets cannot be changed. In addition, the following items may only be changed in exceptional circumstances, if ever: (i) the origination and destination cities; (ii) the hotel(s) included in a Package; and (iii) the number of travelers or the travelers included in a Package.
All additional charges and fees will be communicated to you prior to your payment for such changes. If you do not wish to make any requested changes due to the additional charges and fees resulting therefrom, then you must withdraw your request for such changes prior to providing payment therefor. The availability of your requested changes cannot be guaranteed, and such changes will not be booked, until payment in full for such changes has been received by the Company.
Cancellations
The air travel portion of your Package is non-refundable and some hotels may not provide refunds once a reservation has been confirmed. You will be solely responsible for any cancellation fees or charges imposed by Providers. You may only cancel your entire Package and not any individual component thereof. Cancellations and refunds, if available, will be provided solely at the Company discretion. Unless you have requested a cancellation in writing at least thirty (30) days prior to your departure date and the Company has explicitly accepted your cancellation request, no refund will be given for any unused or partially used Package. In the event of an accepted cancellation, the Company will notify you of its acceptance and any available refund amount prior to canceling your Package. If you elect not to cancel your Package upon receipt of such information, which will occur during your call requesting such cancellation, you must immediately notify the Company’s (through its representative on such call), at which point your trip will be cancelled and cannot be rebooked.
Insurance
Booking travel insurance for your Package(s) may help you avoid or recover costs, charges or fees associated with unused Packages or components, changes to your Package(s) and cancellations. If you wish to purchase travel insurance, it is solely your responsibility to find an appropriate travel insurance provider and to purchase a travel insurance policy. The Company recommends discussing available benefits and coverage of travel insurance policies with your travel insurance provider, as well as the effect of any changes to your Package on your policy and the coverage provided thereunder.
Air Travel
Airline tickets include terms and conditions applicable to your air travel, which include rules and restrictions applicable to your travel. You are solely responsible for reading and complying with such terms and conditions. Airline tickets are generally non-transferable, and name changes are not allowed. Some airline tickets may not qualify for frequent flier miles or airline perks. The Company has no control over, and is responsible for, the terms and conditions or policies imposed by air travel providers.
International air transportation, including an airline’s liability, may also be governed by applicable tariffs on file with the United States and other governments and by the Warsaw Convention or the Montreal Convention, which may include, but are not restricted to:
- rules and limits on liability for personal injury or death;
- rules and limits on liability for delay;
- rules and limits on liability for baggage, including fragile or perishable goods;
- claim restrictions, including time periods in which passengers must file a claim or bring an action against the airline;
- rights of the airline to change the terms of its contracts;
- rules on reconfirmation of reservations, check-in times, and refusal to carry.
- rights of an airline and limits on liability for delay or failure to perform service, including schedule changes, substitution of alternate airlines or aircraft and rerouting.
You can obtain additional information on the items set forth above at any United States location where the transporting airline’s tickets are sold. In addition, you have the right to receive the full text of the an airline’s terms free of charge by submitting a request to such airline.
Hotels
Unless otherwise indicated, hotel rates are based on double occupancy. Charges and fees for additional guests may apply, and it is solely your responsibility to pay such charges and fees directly to your hotel provider(s) at the time of check-in. In addition, hotel photos do not necessarily depict the actual room in which you will stay, and you must be at least 21 years old to check-in to a hotel. We suggest that you read your hotel provider(s) terms and conditions and policies prior to booking your Package.
Trademarks
The Company’s name, the Company’s logo, as well as certain other of the words and logos displayed on the Website constitute trademarks, trade names, or service marks (“Marks”) of the Company or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with the Company or those other entities, as applicable.
Waiver and Indemnification
By purchasing a Package, you waive any claims of any nature relating to, and agree to defend, indemnify and hold harmless the Company, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses of any nature, including attorneys’ fees, arising out of, your purchase and use of the Packages, including, but not limited to: (i) your violation of these Terms; (ii) the negligence or wrongful act or omission of, or any failure of performance of any kind of a Provider; (iii) any inconvenience, loss of enjoyment, mental or similar distress; (iv) any delayed departure, missed connecting flights, substitutions of accommodations, terminations of service, or changes in fares or rates; and (v) any cancellations or overbookings by Providers.
Warranty Disclaimer
YOUR PURCHASE OF A PACKAGE IS AT YOUR SOLE DISCRETION AND RISK. THE PACKAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PACKAGES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ITEMS AND SERVICES INCLUDED IN THE PACKAGES; (II) REGARDING THE GOODS, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY; (III) THAT THE PACKAGES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE PACKAGES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM YOUR USE OF THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM THE PURCHASE AND USE OF THE PACKAGES, THE WEBSITE OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF THE COMPANY WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH ABOVE ARE AN ESSENTIAL BASIS OF THE BARGAIN AND OF THE ALLOCATION OF RISKS BETWEEN THE PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Websites
The Company has not reviewed, and cannot review, any of the material, including computer software, made available through the websites to which the Website links, and that links to the Website. The Company does not have any control over those non-Company websites, and is not responsible for their contents or their use. By linking to a non-Company website, the Company does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of non-Company websites.
Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute relating in any way to these Terms or the policies or your use of the Website shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court located in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding this subject matter and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.