PLEASE READ CAREFULLY
Effective Date: March 11, 2012
The purchase of any travel services offered by DAR EL SALAM TRAVEL HOUSTON, DAR EL SALAM LOS ANGELES (DST), and DST SERVICES INC. under the umbrella of DAR EL SALAM IMPORT-EXPORT-TRAVEL, INC. doing business as DAR EL SALAM TRAVEL (hereinafter “DST”) constitutes a contractual agreement between you and any person included under this reservation (hereinafter collectively referred to as “you,” “your,” “arranger,” “participant,” or “traveler(s)”) and DST, and represents your acceptance of DST Terms & Conditions set out herein. Please ensure that you read carefully and understand these Terms & Conditions prior to booking. These Terms & Conditions are subject to change at any time. You are bound by such revisions and should therefore request the latest version of the Terms & Conditions from an authorized DST representative before booking. If you do not agree to these Terms & Conditions, please cancel your booking by written notification to DST (cancellation fees may apply).
1. DST Services:
DST is a private company. DST is not associated with any United States or foreign government offices or embassies. DST is not responsible for the granting or denying of documents. DST 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 DST’s travel packages (hereinafter “Service Providers”).
DST accepts no responsibility for information supplied to us by third parties including the Service Providers. DST recommends that you confirm all information contained on or linked from our Website with the Service Providers. The details of the prices, packages, tours, flights and other information displayed on the Website are subject to change without notice. The travel products and services described on the Website 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 against that Service Provider, and not against DST.
In the event we received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from DST.
Unless otherwise expressly agreed to by DST in writing, you are responsible for obtaining all passports, visa and health information required.
2. Disclaimer:
DST does not warrant or represent that the content of the DST Website or promotional material is accurate, up-to-date or complete, nor that it does not infringe the rights of others. DST is providing the Website, the promotional material and its contents on an “as is” basis. DST 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 DST. To the maximum extent permitted by law, DST disclaims all implied representations and warranties including, without limitation, implied warranties that DST products and services offered will be of merchantable quality, fit for any purpose or will comply with any descriptions on the DST Website or promotional material. To the extent permitted by law, you release DST 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.
If applicable, hotel ratings stated on the DST Website or 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 DST 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.
All Service Providers are independent contractors, not DST affiliates or agents. DST is not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, or any other damages or expenses resulting from Service Providers. DST has no liability 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. DST 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. DST is not responsible for any traveler missing any part of the program due to no fault of DST, and in such event, the traveler shall be responsible for any additional expenses incurred for the traveler to rejoin the tour. DST 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
DST will use DHL, FedEx or UPS to return your documents unless you send DST a pre-paid completed label for the courier of your choice to use for the return of your documents. DST 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.
3. Safety:
Please be aware that during your participation in packages operated by DST, 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. DST will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While DST will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a package and/or optional excursions you agree that you will hold DST harmless regarding any provision of medical care or the adequacy of any care rendered.
4. Insurance:
Many of the problems for which DST cannot be held responsible for can be insured against. DST highly recommends that you take out 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 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 DST 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.
5. Reservation / Deposits/ Fees:
DST accepts checks, money orders, Visa, MasterCard, Discover/Novus, and American Express. Your payment is not deemed made until it is received by DST. Please be advised that a 4% surcharge applies to all payments made by credit card.
Deposit amount: $2,000 per person upon registration.
Second payment amount: $2,000 per person by June 10th.
Final payment: covering full balance must be paid before July 20th.
Your booking is not confirmed until the deposit is received by DST and you receive written confirmation of your booking from DST. Your reservation may be automatically canceled if payments are not received by DST by the applicable deadlines above. Special conditions may apply to the prices set out on the Website. To determine such conditions, you must contact DST or the relevant Service Provider. Please review and verify your booking invoice thoroughly and contact your travel agent or DST 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. Hajj fees issued by the Kingdom of Saudi Arabia or related to the ritual animal sacrifice are additional to and not included in any package or programs.
6. Cancellation:
After booking a package, all cancellation requests must be received by DST in writing. The traveler acknowledges and understands that DST incurs significant expenses and losses if a traveler cancels a booking. The traveler expressly understands that the following cancellation fees will apply and be strictly adhered to by DST:
For any written cancellation received by DST on or before May 1st, 2012: $500 per person cancellation fee.
For any written cancellation received by DST on or before July 15, 2012: $1,500.00 per person cancellation fee.
For any written cancellation received by DST after July 30, 2012: no-refund will be made on any reservation.
7. Travelers Who Need Special Assistance On Hajj:
You must report to DST in writing any disability requiring special attention while traveling at the time the reservation is made. DST 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. DST regrets that DST 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, DST may, in its discretion, cancel the reservation and return the full deposit of the traveler.
8. 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 vacation. 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. DST suggests that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
9. Mediation and Arbitration of disputes:
Any disputes related to the contract for travel/Hajj pilgrimage between the participant and DST directly or indirectly relating to the Terms & Conditions shall be first submitted to mediation in New York, New York, before a mediator mutually agreed to by the parties. If mediation is not successful, the dispute must be resolved by binding neutral arbitration in New York, New York, as provided by New York law. You are hereby giving up any rights you might possess to have the dispute litigated in a court or jury trial in New York or any other jurisdiction. By purchasing travel services from DST, you are: 1) giving up your judicial right to discovery and appeal; 2) you may be compelled to arbitrate under the authority of the New York code of civil procedure; and 3) you acknowledge that your agreement to this arbitration provision is voluntary.
Arbitration under this provision shall occur under the American Arbitration Association’s commercial rules of arbitration and shall be limited to those disputes related solely to the contract for travel or these Terms & Conditions. Arbitration against DST must be commenced within one year following the date of travel completion. Neither DST nor any affiliate shall in any case be liable for other than compensatory damages. Additionally, you hereby waive any right to punitive damages. DST has read and understands the foregoing and agrees to submit disputes arising out of the matters included in this provision to mediation and neutral arbitration as described in this Section. 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 DST.
In any event, each party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the County of New York, State of New York having subject matter jurisdiction over the matters arising under this Agreement. 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 of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
10. General:
If any of these Terms & Conditions is in invalid or unenforceable, it will be struck out, and the remaining terms will remain in force. Headings are for reference purposes only. If DST does not act in relation to a breach by you or others of these Terms & Conditions, this does not waive our right to act with respect to subsequent or similar breaches. No person, other than an authorized representative of DST by a document in writing, is authorized to vary, add, or waive any term or condition set forth in the preceding provisions. These Terms & Conditions are governed by the laws of the State of New York.
BY SIGNING OR CLICKING THE REGISTER BUTTON BELOW, YOU, THE TRAVELER OR ARRANGER, HAVE READ THE ABOVE AND ACCEPT ALL TERMS & CONDITIONS. YOU ALSO ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE PACKAGE WHICH YOU ARE PURCHASING.