Terms & Conditions of Alomary Hajj and Umra Travel Services Limited of 98 Lumb Lane, Bradford, BD8 7QZ (“the Company”)
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the agreement between us and you for you and any persons named on the Confirmation of Booking to participate in the Tour in accordance with these Terms and Conditions and the Brochure;
“Booking Form” means the form on which booking details are submitted online or in person;
“Website” means the web pages at the following website: www.alomaryhajjandumrah.co.uk.
“Package Details” means information detailing the Tour as published online by us in respect of the year in which the Tour is to be taken;
“Confirmation of Booking” means our confirmation to you that your booking has been accepted;
“Tour” means the Hajj/Umrah experience as described in these Terms and Conditions and the package details;
“Us, We or Our” means the Company
“You or your” means the person who is registered as the primary contact on the Booking Form and whose details are set out in the Confirmation of Booking as being the person making the booking.
In the event of any conflict between these Terms and Conditions and the Package Details, the Terms and Conditions shall prevail.
Your Financial Protection.
- When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
- We or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
- If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
- Package details:
There are two packages, namely, Group Package and Individual Package.
- The package provides for accommodation based on quadruple occupancy though you may choose to upgrade to double/triple occupancy. If you require double/triple occupancy then this should be specified on the Booking Form. If double/triple occupancy is available, this shall be confirmed in the Confirmation of Booking.
- Where you are a single traveller or the number of people travelling in your group is not divisible by two or three, we may still be able to accommodate you or all members of your group (as appropriate) on the Tour subject to availability and payment of a supplement. The exact amount of the supplement payable will be confirmed to you before Confirmation of Booking. A child will only count as an occupant if he/she requires a bed.
- The items included in and excluded from each package are as set out in the package details.
- The photographs of landmarks that feature on the website are for illustrative purposes only and to give you a general idea of what you may experience during the Tour. Likewise, the photographs of hotel rooms are included to indicate the type of accommodation you can expect to stay in and your hotel room may not be exactly as those depicted on the website.
- Star ratings and hotel facilities depicted are as reported to us by the hotels. We cannot specifically guarantee that these will be as depicted as they are subject to change by them and note that standards differ from hotel to hotel and from country to country.
- There is no minimum age for travel. However, children, infants and elders must be accompanied by a responsible adult who will usually be a parent or a close relative.
- We reserve the right to refuse anyone on the tour unless written confirmation of their place on the tour has been provided by us.
- By embarking on this tour with us, you will have implicitly accepted all our Terms and Conditions without exception.
2.1 Prior to booking you must carefully read, understand and agree to our Terms and
Conditions. Places are allocated on a first come first serve basis and early
Booking is advised in order to avoid disappointment.
2.2 When you have selected the package of your choice, please complete the Booking Form and ensure that all details entered on the Booking Form are complete and accurate. Please note that the Booking Form will not be accepted unless you agree to our Terms and Conditions. Your acceptance is given by ticking the check box.
2.3 In agreeing to our terms and conditions you undertake responsibility and Guarantee payment in respect of all persons named on the Booking Form including any insurance charges, duties or taxes payable. You also agree to be responsible for the behaviour of all persons travelling with your Family/group for the duration of the Tour.
We will correspond directly and only with you as the primary customer and all documents will be sent to the address given by you on the Confirmation of Booking. It is your responsibility to ensure that all persons travelling in your group are aware of the information relevant to the Tour and that they conduct themselves in an appropriate manner having regard to the holy nature of the Tour.
2.4 The deposit or full amount (as applicable) is due and payable at the time of submitting the Booking Form. A Booking Form is not valid and will not be accepted until such payment is received.
2.5 If we accept your booking, we will send you Booking Confirmation via email within 7 working days of us receiving the Booking Form. Upon issue of the same, a legally binding Agreement will be deemed to have come into effect on the date that appears on the Booking Form. If you submit the Booking Form two weeks or less before the date of departure, a legally binding agreement will be deemed to have come into effect on the date when we confirm the booking with you, which may be or may not be in writing.
2.6 You must stipulate any dietary, mobility or other special requirements for you or any person included on your Booking Form. Whilst we use our reasonable endeavours to cater for any such requirements, we cannot guarantee such requirements will be accommodated and we cannot be held liable for any such failure.
2.7 You must promptly notify us in writing of any medical condition that you or any Person included on your Booking Form. We may request further information from you in relation to the same. The onus is on you to deal with our request promptly. We reserve the right to decline or cancel a booking if our assessment confirms we are not able to provide the facilities required to deal with the medical condition notified to us.
2.8 When deciding to book the package, you should be aware of the following:-
- The Tour can be physically demanding. We are unable to accept responsibility for any pilgrims that have special requirements unless agreed at the time of booking. In order to complete the rites of Hajj/Umrah, we require that all pilgrims are fit to walk. In case any pilgrim is unfit to do so, he/she should take a wheelchair with them and a companion to assist and take responsibility for them. We strongly recommend that pilgrims seek medical clearance from their General Practitioner before booking, particular the elderly.
- The journey of Hajj/Umrah cannot be equated to that of holiday travel. During this journey the unexpected can happen, despite careful planning and organisation. Therefore it should not be treated as a leisurely holiday. Hotels transport and public services are all pushed to their limits during the Hajj/Umrah (Ramadan) period. Due to the large number of pilgrims all congregating at the same time in a small area, the crowds can be overwhelming and as such you should expect major traffic congestion and long delays while moving from one location to another during the days of the rites of Hajj. These journeys can be frustrating and unpredictable.
- We shall use our reasonable endeavours to perform Hajj/Umrah according to the teachings of Quran and Sunnah. All meetings, lectures and announcements will be delivered in multiple languages and must be attended if reasonably practicable.
- If you wish to make any change to your arrangements following Confirmation of Booking, each amendment will incur a fee of £25.00 per person. Any additional charges passed on to us by the airline or other suppliers will be added to this amount.
- Travel Documentation
- We are responsible for providing the Tour as detailed on the Confirmation of Booking. However, it is your responsibility to ensure that all details on the Confirmation of Booking (whether such details relate to you or a member of your party) and any other documentation that we send to you are correct. In particular, you must check your travel documents and those included on your Booking Form to ensure they are correct. Where there are any discrepancies, you must inform us immediately so that any such discrepancies can be rectified. Failure to do so may prevent you or anyone included on the Booking Form from participating in the Tour. Any changes due to errors (like name spellings) may incur charges by airlines, visa authorities etc.
- Travel documents will be issued where appropriate in the following ways:-
- Collection by you.
- Sent by post to your address by recorded or Special Delivery. We cannot be liable for items lost in the post.
- Collected at the Airport.
- No travel documents will be issued until full and final payment has been received from you.
- Should tickets be lost or stolen, it is necessary to complete an indemnity form to be passed to the airline. Some carriers are then prepared to issue replacement tickets immediately but may impose a fee for this. Other airlines require full payment prior to the issuance of replacement tickets and will only refund the amount paid for the original documents at a later date. Please be aware that this process can take up to 18 months and is outside our control.
- Unused or part used air tickets are returned to the airline for authorisation and calculation of refund due, if any. We will deduct from any refund received from the airline an amount equivalent to the deposit and 15% of the total cost as a cancellation charge. Refunds can take up to 12 months.
- Price and Payment
- The deposit paid is NON-REFUNDABLE and is due and payable at the time of submitting the Booking Form. The exact amount will be as detailed in the Package. Where no such amount is specified, we will advise you of the exact amount upon completion of the Booking Form.
- The balance of the price is due and payable as per the date of the Confirmation of Booking or eight weeks prior to the date of departure whichever is earlier.
- Where you submit the Booking Form less than eight weeks before the due date for the balance to be paid, the full price of the trip will be due and payable with the Booking Form.
- It is your responsibility to ensure that the sums payable under the agreement are made by the due date(s). Please note that it is not our practice to send out reminders that sums are payable unless such sums are overdue. If you fail to pay the deposit, the balance or any other sum due under the agreement by the due dates, your booking may be cancelled without any liability on our part.
- Payment can be made by BACS transfer or by cheque or by postal order made payable to “Alomary Hajj and Umrah Travel Services Limited “or in Cash up to a maximum of £5000.00(Five Thousand Pounds).
- It is possible that circumstances may arise that cause the price of the trip to increase or decrease. We may alter the price PRIOR TO confirmation of booking being sent to you. Once issued, the price of the trip will not be increased unless you are notified at which point you can make a decision to confirm or cancel within 24 hours.
- Visa Applications
- We will organise your visa application and that anyone included on your Booking Form. Please ensure you provide us all the assistance required by us in obtaining the visa in good time for your departure date. In particular you will provide us with the following items for you and each person travelling in your group within the time factor stipulated by us:-
- Passport which must be valid for at least 6 months from the date of travel together
with four passport size photographs on white background;
- Non-European Community (EC) passport holders must have permanent
Residency, work permit or valid ‘Leave to Remain’ in the UK and must have entered the United Kingdom two months prior to applying.
- A completed visa application form which we will send to you; We cannot guarantee
that a visa application will be granted and cannot be liable for any refusal made by the Saudi Arabian authorities for any reason whatsoever.
- A valid meningitis (ACWY) immunisation certificate and a completed Mahram
relationship declaration form;
- Amendments and Cancellation
- In the unlikely event that we are required to make a substantial change to an element of the Tour which may include a change in the departing or arriving airports, a change to a lower/higher standard of accommodation or a change in your flight departure time by more than 72 hours, we will let you know at the time of booking. Should a substantial change occur after the Confirmation of Booking has been issued, we will let you know as soon as is reasonably practicable and you may choose either to accept the Tour with the change or cancel it whereupon we will issue a full refund of any sums paid by you.
- If you decide to cancel the booking or change any element of your Tour you must inform us in writing as soon as possible. You are also responsible for notifying us where a member of your family/group wishes to cancel the booking or change any element of the Tour.
- Where you cancel the tour prior to the due date of the balance of payment, the deposit will be forfeited. If only one element of the tour is cancelled, a fee of £25.00 per person per cancelled element will be charged. Where you have paid additional charges for a specific element of the tour that you have requested, such amount will be lost.
- If you decide to cancel the Tour after the due date of the balance of payment, we shall retain 15% of the total cost of the Tour plus any deposits paid. Any cancellation costs levied by any of our suppliers or the airline will also be deducted from the amount to be refunded to you. Please note that some airfares are subject to special conditions and cancellation charges can be as high as 100%.
- Any cancellations four weeks prior to departure will incur a 100% charge and no refund will be issued. We will advise you of the exact amount of any cancellation fees before finalising the cancellation.
- Any change of flight times by the airlines or the Saudi Aviation authority (or other authorities) which affects any travel plans made by you is not our responsibility. You are advised to book any travel arrangements to the airport to ensure you arrive three hours prior to your outbound flight. Any arrangements made by you including transport to and from the airports are your responsibility and we cannot be liable for such costs.
It is not possible to transfer the package to another person.
- Time and Routes
- It is not possible for you to alter the routing of your air ticket after the Confirmation of Booking has been issued. The timings of flights and any internal transportation timings are estimates only. Various factors may affect any of the timings given including adverse weather conditions, delays at check in, operational problems, security checks and airline procedures. We cannot guarantee that the accuracy of departure and journey travel times.
- You should be aware that some carriers may also have special conditions of carriage which may exclude or restrict their liability to you.
- It is your responsibility to ensure that you and those travelling with you are at any meeting points at the appropriate time. This applies to check in details, outgoing and ingoing flights, any internal transportation and any excursions organised during the Trip.
It is your responsibility to arrange travel insurance if you wish to do so and to ensure that any such insurance is Sharia compliant. This applies to all persons named on the Booking Form. The level of insurance cover that you arrange should be sufficient to cover any expenses incurred in the event of emergencies or cancellation. Please remember that the protection some policies offer may vary.
If you have a problem/complaint during your Tour, please inform the hotel management, tour operator or supplier concerned. If this is not possible or satisfactorily resolved, please contact the group leader or if this is not possible, contact the office where the booking was made by phone, email or the application of WhatsApp Messenger.
This term sets out our entire liability to you (including any liability for the acts and omissions of employees) in respect of the Tour, any breach of our contractual obligations arising pursuant to these Terms and Conditions; and any representation, statement (other than fraudulent misrepresentation) or tortious act or omission including any negligence arising under or in connection with the agreement made pursuant to these Terms and Conditions.
- You must inform us of any problem you experience at the earliest opportunity. If the problem is with regard to a supplier of any component of the Tour who is not a party to the agreement made pursuant to these Terms and Conditions but has been involved with the performance of obligations you must also advise that party at the time and the place where the obligations concerned are supplied. If you fail to do so we will not be liable.
- Any loss or damage incurred, during travelling and during your stay in all locations is not our responsibility. You are strongly advised to look after all your valuables at all times.
- Under no circumstances shall we liable to you for any type of special, indirect or consequential loss of any nature whatsoever even if such loss was reasonably foreseeable or the possibility of it being incurred had been advised.
If you need to contact us for any reason, correspondence should be sent by post to Alomary Hajj and Umra Travel Services Limited 98 Lumb Lane, Bradford, BD8 7QZ. If we need to contact you we will write to you or telephone/email you using the address and/or phone number that you have specified in the booking Form. Where such notices are sent by post, they shall be deemed to have been served two days after the date of posting. Where such notices are given by telephone, they shall be deemed to have been given at the time when the telephone call was made.
- Circumstances beyond our control
We shall not be liable for any delay in performing obligations or for failure to perform obligations if the delay or failure results from circumstances beyond our control including, but not limited to an Act of God, refusal of licence(s), act of government, act of terrorism, fire, flood, earthquake, war, riot, explosion, accident, criminal act, civil commotion, industrial dispute, delays in transportation, adverse weather conditions, timetables being amended or cancelled by airlines, impossibility of obtaining information or any other cause outside of our control.
- No waiver or amendment of any provision of the Agreement shall be effective unless made in writing and is signed by both Parties. Any wavier by us of a breach or default by you shall not be construed as a waiver of any succeeding breach of the same or other provisions.
- You are not entitled to assign or otherwise transfer any of your rights or obligations under the agreement made pursuant to these Terms and Conditions.
- If any provisions of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- The Agreement (together with any documents referred to or executed under it) constitutes the entire understanding between the Parties concerning the subject matter of the Agreement. The Parties confirm that they have not entered into the Agreement on the basis of any representations that are not expressly incorporated into the Agreement. Nothing in this Clause shall, however, operate to limit or exclude any liability of either party for fraudulent misrepresentation.
- No provision of the Agreement is intended to or creates any right or benefit enforceable against the Parties to the Agreement under the Contracts (Rights of Third Parties) Act 1999.
- The law applicable to the Agreement is English law. The Agreement shall be governed by English law in every particular including formation and interpretation and the Parties agree to irrevocably submit to the exclusive jurisdiction of the English courts.
- General Manners and Etiquettes
- Threatening and/or abusive behaviour which includes but not limited to raised voices out of anger towards our staff, swearing with profanity, and/or physical abuse will result in the concerned individual being expelled from the tour either before or during the tour. We reserve the right not to aid the facilitation of any paid for services from that moment onwards.
- It is a condition of this agreement that you attend all meetings and lectures organised by us prior to departure in the UK and those arranged during Hajj and Umrah period in Saudi Arabia. This will assist you in understanding your Hajj rites and expectations and will confirm details of meetings, timings and schedules. Any advice given by us must be verified by you and we cannot be held liable for any advice given out of good will and in good faith such as requirements for acquiring visas from the Saudi Arabian Embassy or travel times to any destinations during the entire tour.