2010 Hajj Travel Terms & Conditions
These terms and conditions apply to 2010 Hajj Packages

PLEASE READ CAREFULLY

The purchase of any travel services offered by DAR EL SALAM IMPORTS, EXPORT & TRAVEL, DAR EL SALAM TRAVEL HOUSTON AND DAR EL SALAM LOS ANGELES (DST), doing business under the DAR EL SALAM TRAVEL name (hereinafter “DST”) constitutes a contractual agreement between you 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 review these Terms and Conditions periodically on the DST Website or request the latest version of the Terms & Conditions from an authorized DST representative. Your continued use of DST services and the DST Website shall indicate your acceptance of these Terms & Conditions as amended. If you do not agree to these Terms & Conditions, please discontinue the use of DST services by written notification to DST, and do not use the DST Website.

1. DST Services:
Dar El Salam Travel Group is a private company. DST is not associated with any US 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”).
Our Website 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. This information is supplied to us by Service Providers. DST has taken reasonable care to ensure it is correct and up to date; however we cannot check the accuracy of such information. Many of the services which made up your travel booking are provided by the Service Providers. The 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.
DST accepts no responsibility for information supplied to us by third parties. DST recommends that you confirm all information contained on or linked from our Website with the third party 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, 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 THIS WEBSITE IS ACCURATE, UP-TO-DATE OR COMPLETE, NOR THAT IT DOES NOT INFRINGE THE RIGHTS OF OTHERS. DST IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS. DST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS CONTENTS OR ANY OF THE PRODUCTS OR SERVICES SUPPLIED THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DST DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES THAT THE PRODUCTS AND SERVICES OFFERED AND SUPPLIED THROUGH THIS WEBSITE WILL BE OF MERCHANTABLE QUALITY, FIT FOR ANY PURPOSE OR WILL COMPLY WITH ANY DESCRIPTIONS ON THIS WEBSITE OR SAMPLES.
DST does not represent or warrant that this Website, the server that makes it available or any DST products or services supplied through this Website will be free of errors, viruses or defects. Your access and use of this Website is subject to factors beyond DST control. DST does not warrant that this Website or the products and services offered via this Website will meet your requirements or that the service will be uninterrupted or timely. DST will use our best endeavors to make this Website secure and have implemented technology for this purpose. However, because of the nature of the internet, DST does not warrant that this Website will be secure.
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.
To the maximum extent permitted by law, neither DST 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 this Website or the purchase and use of any products and services supplied via this Website 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. In the event that the DST Website fails to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to DST to use this Website.
IF APPLICABLE, HOTEL RATINGS STATED ON THIS WEBSITE (WITHOUT LIMITATION INCLUDES PHOTOGRAPHS, LIST OF HOTEL AMENITIES, DESCRIPTIONS OF PROPERTY, ETC.) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS. THESE HOTEL RATINGS ARE GENERAL GUIDELINES AND DST CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.
ALL SERVICE PROVIDERS, HOTELS, AIRLINE CARRIERS, ETC. PROVIDING TRAVEL AND OTHER SERVICES TO DST, ARE INDEPENDENT CONTRACTORS, NOT OUR 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 IS 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 OF ACTS OF INTEREFERENCE BY ANY GOVERNMENT OR LEGAL AUTHORITIES. 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.
DST is not responsible for any traveler(s) missing any part of the program due to no fault of DST and in such event; the traveler(s) shall be responsible for any additional expenses incurred for the traveler(s) to rejoin the tour. Moreover no changes or upgrading in the chosen program will be honored after departure as well as no refund will be given for any services rendered unutilized.

3. Safety:
Please be aware that during your participation in vacations 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 the adequate measures are taken, by agreeing to participate in a tour 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. It is our responsibility to be familiar with the insurance coverage purchased and ensure that the coverage meets your travel needs. Insurance has to be purchased and paid for in full as soon as the booking is made to become fully effective.

5. Reservation / Deposits/ Fees:
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.
A deposit of $1,500 is required for reservation.

Initial payment of $1,500 per person is required by June 15.

Full Payment must be submitted by August 15.

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 are additional and not included in any package or programs.

6. Cancellation:
Cancellation from registration date until 90 days prior to departure will be subject to $1,500 per person. Any cancellation received less than 45 days from departure date is non-refundable In addition to any airline-imposed fees or penalties. All cancellations must be in writing. Any written cancellation received after August 15, 2010 is non-refundable.

7. Participation:
For the benefit of everyone on your vacation, DST reserves the right to accept or reject any vacation/tour/Hajj participant and to remove any participant whose conduct is deemed incompatible with the interests of the other participants. DST will not refund nor cover any cost or expenses you incur if DST has to terminate your vacation arrangements due to your unacceptable behavior.

8. Travelers Who Need Special Assistance On Hajj:
You must report any disability requiring special attention while on Hajj to DST 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 air carriers, hotels, restaurants, or other independent suppliers. The Americans with Disabilities Act is only applicable within the United States and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring bus, are not equipped with wheelchair ramps. DST regrets that DST cannot provide individual assistance to a vacation participant 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.

9. 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.
Due to heightened security, many countries have adopted practices to prevent international abductions of children. 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.

10. Mediation and Arbitration of disputes:
INITIALS: By initialing in the space above you are agreeing to have 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, as provided by New York law, and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space above, you are giving up your judicial right to discovery and appeal, unless those rights are specifically included in this provision, you may be compelled to arbitrate under the authority of the New York code of civil procedure, and 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/hajj pilgrimage or these Terms & Conditions. Arbitration against DST must be commenced within one year following the date of travel/hajj pilgrimage completion. Neither DST nor any affiliate shall in any case be liable for other than compensatory damages, and 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 the immediately preceding paragraph.

11. Attorney’s Fees:
INITIALS: If either your or DST fail to perform any obligations under the contract for travel/hajj pilgrimage or these Terms & Conditions in connections or if any dispute arises between the parties hereto concerning the meaning or interpretation of these Terms & Conditions, then the defaulting party or the party not substantially prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party on account of such default or in enforcing or establishing its right hereunder including without limitation, court costs and reasonable attorney’s fees and disbursements. Any such attorney’s fees and other expenses incurred by either party in enforcing a judgment in its favor under the contract for travel/hajj pilgrimage or these Terms & Conditions shall be recoverable separately from and in addition to any other amount included in such judgment. Such attorney’s fees obligation is intended to be severable from the other provisions of these Terms & Conditions and shall survive and not be merged into any such judgment.

12. Governing Law and Jury Waiver:
INITIALS: This Agreement is governed by the laws of the State of New York. The parties agree that the exclusive venue for any disputes, arbitration or litigation concerning this contract, its alleged breach or its enforcement, shall be in the county in which DST’s offices are located. Both 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.

13. Photograph Release:
INITIALS: I do hereby give permission to DST to use photograph or photographic image, which are taken during the Hajj trip in any official DST business, including, but not limited to DST web sites, DST newsletters and newspapers, advertising material, postcards, etc. It is agreed that the use of my photograph or photographic image shall in no way be used in any other forum other than official DST business purposes. I do hereby release, acquit and forever discharge DST, its employees, attorneys, representatives, insurers and assigns from any and all demands, causes of action and/or judgments of whatsoever nature or character, past or future, known or unknown, whether in contract or in tort, whether for personal injuries, property damage, payments, fees, expenses, accounts receivable, credit, refunds, or any other monies due or to become due, or damages of any kind or nature, and whether arising from common law or statute, arising out of, in any way, the use of my portrait, photograph or image for official DST business. This release contains the entire agreement between the parties and shall be binding upon and inure to the benefit of the successors and assigns of the undersigned.

14. Religious Disputes:
INITIALS: In the event of a religious dispute between you and DST, procedures are in place to facilitate the resolution of the dispute through our customer service department. If your complaint cannot be resolved to your satisfaction, you may seek independent external mediation, through the arbitration of a religious entity/person (your local Imam, the Islamic Sharia Council of North America, etc.)

15. 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. In these Terms & Conditions, the term "Website" includes any email bulletins or other content that we provide to you via or initiated from this Website. 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 in its brochure or on its Website, including any term or condition set forth in the preceding provisions.

BY SIGNING OR CLICKING THE SUBMIT BUTTON BELOW, I, THE TRAVELER OR ARRANGER, HAVE READ THE ABOVE CONDITIONS AND ACCEPT ALL TERMS & CONDITIONS. I ALSO FULLY UNDERSTAND THE PACKAGE WHICH I AM PURCHASING.


Client/Traveler or Arranger Signature: _______________________________

Date: _____________________

Dar El Salam Travel: _____________________

Date: _____________________