Welcome to Afwaj Tour Operator! The Afwaj Tour Operator website helps you book hotels and other travel related services from third party service providers (“Travel Partners”).
In order to use the Afwaj Tour Operator Website, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 18, as the Afwaj Tour Operator Website is not intended for children under 18. If you are using or opening an account on the Afwaj Tour Operator Website on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind such entity to these Terms, and agree to be bound by these Terms on behalf of such entity.
The Afwaj Tour Operator Website may include functionality that allows you to register an account on the Afwaj Tour Operator Website. When registering, you must provide accurate and complete information about yourself, including a valid email address, and promptly update this information if it changes. You are responsible for all activities associated with your account. To protect your account from unauthorized use, keep your login information secure. Please notify Afwaj Tour Operator immediately of any unauthorized use of your account or any other breach of security.
3- Bookings and Travel Services
- Travel Services
Through the Afwaj Tour Operator Website, users can book hotels and other travel related products or services (collectively “Travel Services”). The Travel Services listed on the Afwaj Tour Operator Website are provided solely by our Travel Partners subject to their terms and conditions. Afwaj Tour Operator reserves the right to refuse any booking at any time for any reason. In particular, the Afwaj Tour Operator Website should not be used to book more than six (6) rooms in the same hotel for the same set of dates. If you do want to book seven (7) or more rooms, please contact us via email at info@Afwaj Tour Operator.me or call us at +1 (385) 355-7901.
Currently, you do not have to pay any fees to book a Travel Service through the Afwaj Tour Operator Website as our Travel Partners pay us a commission for bookings through the Afwaj Tour Operator Website. Afwaj Tour Operator does, however, reserve the right to, in the future, charge fees in connection with the Afwaj Tour Operator Website by providing notice on the Afwaj Tour Operator Website.
Depending on the Travel Service you book through the Afwaj Tour Operator Website: (i) you may be required to pay Afwaj Tour Operator for the Travel Service at the time of booking (“Prepaid Travel Services”); or (ii) you may be required to pay our Travel Partner prior to or after such Travel Partner has provided the Travel Service to you.
At the time of booking, Afwaj Tour Operator will collect and store your credit card information. Afwaj Tour Operator will only charge your credit card for Prepaid Travel Services or in the event that you cancel a reservation made through the Afwaj Tour Operator Website and owe any fees pursuant to Section 3.4 below. You authorize Afwaj Tour Operator’s third party payment processors (such as PayPal and Authorize.net) to charge the amounts provided for herein to the credit card or bank account identified by you. In the case of Prepaid Travel Services, you will be charged for the full purchase price of the Travel Service you are purchasing (including, without limitation, all estimated taxes, such as occupancy taxes, room taxes and value added taxes). Any amounts you pay as taxes will be paid to the applicable taxing jurisdictions by Afwaj Tour Operator or the relevant Travel Partner. The applicable tax rates may vary depending on the rates in effect at the time of actual use of the booked Travel Service.
You represent and warrant that you are authorized to use the credit card or other payment mechanism you provide for such purposes and agree to comply with the applicable payment processor’s terms. Afwaj Tour Operator and Afwaj Tour Operator’s third party payment processors may store your credit card and bank account information in connection with your use of the Afwaj Tour Operator Website. You agree to reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Afwaj Tour Operator to collect any amounts that are not paid when due.
- Changes; Cancellations
In the event that you need to cancel or change a booking, please call us at +1 (385) 355-7901. While Afwaj Tour Operator doesn’t charge any change or cancellation fees, you may still be subject to change and cancellation fees that our Travel Partners require us to pass on. The terms for your specific reservation will specify: (i) whether the relevant Travel Partner permits changes or cancellations of bookings; and (ii) any related fees. You agree to abide by the terms and conditions imposed by our Travel Partners on your bookings with them, including payment of any cancellation or change fees that you incur. Please note that your failure to use a booked Travel Service (or subsequent inability to pay for a Travel Service that you have used) may result in the relevant Travel Partner requiring Afwaj Tour Operator to charge you for the full purchase price of the Travel Service (including, without limitation, all estimated taxes, such as occupancy taxes, room taxes and value added taxes).
- International Transactions
All fees will be charged in the applicable currency specified on the Afwaj Tour Operator Website. Your bank or credit card may impose a fee for international transactions or for currency conversions. Any applicable currency exchange rates and foreign transaction fees are determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
- Lowest Price Guarantee
You may notice that some of the Travel Services on the Afwaj Tour Operator Website are marked with “Our Lowest Price Guarantee”. If within 24 hours after booking one of these Travel Services on the Afwaj Tour Operator Website, you find a lower price online for the same exact Travel Service, please immediately call us at +1 (385) 355-7901.
For a Travel Service to be considered the same, it must be: (i) for the same dates; (ii) of the same class/quality and location/hotel (for example, both offerings must be for standard hotel rooms in the same hotel); (iii) with the same ability to cancel (for example, a non-cancellable hotel reservation is not the same as one that can be cancelled); (iv) with the same Travel Partner; (v) of the same quantity (for example, if you originally booked one hotel room at a specific rate, but subsequently find three hotel rooms being offered online by the same Travel Partner at a lower rate, that does not constitute the same Travel Service); and (vi) offered on a standalone basis (for example, a lower rate within a larger promotional package or deal that includes other services is not eligible).
This lowest price guarantee only applies to rates available online, worldwide to the general public. So, for example, Afwaj Tour Operator is not required to honor lower rates that are: (i) the result of a corporate rate, employee discount, convention or group rate, or government or military discount; (ii) available through a loyalty or reward program (such as a credit card “points” program or frequent flyer program); or (iii) awarded through a contest, auction or sweepstakes.
This lowest price guarantee applies to the cost of booked travel, excluding all taxes or fees for international transactions or for currency conversions. If therefore, you locate a lower rate that is lower because the taxes charged are lower or because the currency conversion fees would be lower, we are not required to match that rate. The lower rate must be quoted in US dollars.
The lower rate for the booking must be available at the time you contact us, as verified by our representatives, and you must contact us within 24 hours after booking the relevant Travel Service. We reserve the right, in our sole discretion, to determine whether you have met the requirements of our lowest price guarantee. We also reserve the right to determine whether to cancel your reservation so that you can rebook at the lower price or to refund you the difference as a credit to the payment method that you used to pay for the Travel Service.
We may modify or discontinue this lowest price guarantee at any time without notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under our lowest price guarantee. This lowest price guarantee is not applicable to any bookings you cancel.
If one of our Travel Partners fails to honor your booking for one of its Travel Services, please immediately call us at +1 (385) 355-7901. We will attempt to provide you with Travel Services of an equivalent quality, as solely determined by Afwaj Tour Operator. In the case of Prepaid Travel Services, if we are unable to provide you with Travel Services that we consider to be equivalent, we shall refund you any amounts paid in connection with the relevant booking. All Afwaj Tour Operator obligations under this Section are conditional upon: (i) you immediately contacting Afwaj Tour Operator upon any Travel Partner representative indicating that Travel Partner will not honor your booking; and (ii) you not consuming any substitute Travel Services provided by Travel Partner. YOU AGREE THAT THE REMEDIES LAID OUT IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND AFWAJ TOUR OPERATOR’S ENTIRE LIABILITY IN THE EVENT THAT ONE OF OUR TRAVEL PARTNERS FAILS TO HONOR YOUR BOOKING FOR ONE OF ITS TRAVEL SERVICES.
- Additional Terms & Conditions
ADDITIONAL TERMS AND CONDITIONS OF AFWAJ TOUR OPERATOR AND/OR OUR TRAVEL PARTNERS MAY APPLY TO BOOKINGS AND PURCHASES THROUGH THE AFWAJ TOUR OPERATOR WEBSITE. YOU AGREE TO ABIDE BY ANY SUCH ADDITIONAL TERMS AND CONDITIONS, AS PRESENTED ON THE AFWAJ TOUR OPERATOR WEBSITE OR MADE AVAILABLE BY OUR TRAVEL PARTNERS, AND YOU UNDERSTAND THAT IF YOU VIOLATE ANY SUCH TERMS AND CONDITIONS, IT MAY RESULT IN YOUR BOOKINGS BEING CANCELLED AND YOU FORFEITING ANY AMOUNTS PAID FOR SUCH BOOKINGS.
SOME HOTEL PROVIDERS MAY REQUIRE YOU TO: (I) PRESENT A CREDIT CARD AT THE TIME OF CHECK-IN TO COVER ANY OUTSTANDING FEES AND TAXES FOR THE ROOM AND ANY MISCELLANEOUS EXPENSES INCURRED DURING YOUR STAY; AND/OR (II) SIGN THEIR LIABILITY WAIVER. IN THE CASE OF PACKAGES CONSISTING OF A COMBINATION OF TRAVEL SERVICES (FOR EXAMPLE, FLIGHT AND HOTEL), YOU MAY BE SUBJECT TO ADDITIONAL TERMS FROM MULTIPLE TRAVEL PARTNERS.
- User Restrictions
You will not and will not attempt to:
- access, monitor, or copy any content or information on the Afwaj Tour Operator Website using any robot, spider, scraper, or other automated means or any manual process for any purpose unless you receive written authorization from Afwaj Tour Operator;
- use the Afwaj Tour Operator Website for any commercial purpose (including without limitation for comparative or competitive commercial research purposes) unless expressly authorized by Afwaj Tour Operator;
- sell, resell, distribute, lease or rent your access to the Afwaj Tour Operator Website or any Travel Services therein;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features or measures employed to prevent or limit access or enforce limitations on the use of the Afwaj Tour Operator Website or any content therein (including, without limitation, restrictions in any robot exclusion header);
- interfere with or disrupt the Afwaj Tour Operator Website or related networks or servers or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Afwaj Tour Operator Website or any Travel Services therein for any purpose without our express written permission;
- create a false identity or misrepresent your association with or impersonate another on the Afwaj Tour Operator Website;
- make any speculative or fraudulent booking or any booking in anticipation of demand;
- “frame,” “mirror,” or otherwise incorporate any part of the Afwaj Tour Operator Website into any other website; or
- use the Afwaj Tour Operator Website in any manner whatsoever that could lead to a violation of any U.S. or foreign, national or local, laws, rules or regulations.
4- User Content
The Afwaj Tour Operator Website may currently or may in the future allow you and other users to submit, post, and share content such as reviews, ratings, commentary or any other content (“User Content”). You retain all your rights in your User Content, but if you choose to provide any User Content to Afwaj Tour Operator, we require a license to such User Content.
You agree not to post, transmit, distribute, upload, or otherwise disseminate through the Afwaj Tour Operator Website any of the following:
- defamatory, obscene, tortious, offensive, or otherwise objectionable content or information;
- false or misleading reviews of Travel Services or providers of Travel Services (including, without limitation, hotels, airlines, and rental car agencies);
- advertisements or solicitations of business or any “shill” or otherwise financially motivated reviews or content;
- content that violates, or that causes us or any of our affiliates, Travel Partners or other suppliers to violate, any applicable law, rule or regulation of any governmental authority in any jurisdiction;
- content that infringes or violates, or that may infringe or violate, any intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- private or confidential information of any other person or entity without that person’s or entity’s authorization; or
- material that contains viruses, Trojan horses, worms, time bombs or any other harmful software components.
- License by You; Representations and Warranties
If you provide User Content on or through the Afwaj Tour Operator Website or via email to us, including any feedback about the Afwaj Tour Operator Website, then you grant us and our affiliates, partners, suppliers, Travel Partners, and assignees a worldwide, non-exclusive, royalty-free, fully-paid up, perpetual, irrevocable, transferable and sublicensable right to: (i) use, reproduce, distribute, modify, publicly display, publicly perform, and otherwise exploit your User Content in any manner and for any purpose; and (ii) use any name and/or likeness submitted with your User Content in connection therewith.
In connection with your User Content, you represent and warrant that: (i) you own, or have the necessary rights, consents, and permissions to use and authorize Afwaj Tour Operator and its affiliates, partners, suppliers, Travel Partners, and assignees to use the User Content in the manner contemplated by these Terms; and (ii) you have not posted any User Content in violation of these Terms.
- Afwaj Tour Operator is Not Responsible for Your Content
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that User Content. Afwaj Tour Operator does not have any obligation to pre-screen or monitor User Content for any purpose. Afwaj Tour Operator may choose, in its sole discretion, to monitor, review or otherwise access some or all User Content, but by doing so, does not assume any additional obligations or responsibility. You acknowledge and agree that Afwaj Tour Operator may, at any time and without prior notice, remove or modify any User Content for any reason, without any liability to you.
5- Copyright Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat offenders.” You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you are a copyright owner or an agent thereof, and believe that any content on the Afwaj Tour Operator Website infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (indicated below) with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY.
- Counter Notification
If the content you submitted to the Afwaj Tour Operator Website is removed and you wish to contest such removal, please send to our Designated Copyright Agent (indicated below) a written notice that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Afwaj Tour Operator may be found, and that you will accept service of process from the person who provided notification under Section 512(c)(1)(C) or an agent of such person.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
6 – Designated Copyright Agent
Afwaj Tour Operator’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: 63 Montecito dr., Corona Del Mar, CA 92625
- Ownership; Proprietary Rights
The Afwaj Tour Operator Website is owned and operated by or on behalf of Afwaj Tour Operator. The visual interfaces, graphics, design, compilation, information, content, computer code, software, services, and all other elements of the Afwaj Tour Operator Website, and all intellectual property and proprietary rights therein, are owned solely by Afwaj Tour Operator or its licensors. All trademarks, service marks, and trade names are proprietary to Afwaj Tour Operator, its affiliates, partners, Travel Partners or other suppliers. Use of any third party trademarks on the Afwaj Tour Operator Website does not indicate any endorsement by or affiliation with any such third party. Nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Afwaj Tour Operator or any of its affiliates, partners, suppliers or Travel Partners.
- Third-Party Websites & Advertisements
The Afwaj Tour Operator Website may contain links to websites of third parties as a service to those interested in this information. We do not monitor or endorse any such websites and can make no guarantee as to their accuracy or completeness. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites accessible through the Afwaj Tour Operator Website. In addition, the Afwaj Tour Operator Website may contain advertisements from third parties. Any terms, conditions, warranties, or representations associated with such advertisements or any products or services provided by third party advertisers to you are solely between you and such third party.
- By Afwaj Tour Operator
Afwaj Tour Operator, in its sole discretion and for any reason or no reason, may terminate your account, disable your access to the Afwaj Tour Operator Website (or any part thereof), discontinue the Afwaj Tour Operator Website and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Afwaj Tour Operator shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, Afwaj Tour Operator may terminate your account in cases of actual or suspected fraud, or for a violation of these Terms and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Afwaj Tour Operator may have at law or in equity. After you have been prohibited from using the Afwaj Tour Operator Website, Afwaj Tour Operator reserves the right to cancel any and all bookings or other transactions you have made using the Afwaj Tour Operator Website, with no liability whatsoever to you.
- By You
If you are dissatisfied with the Afwaj Tour Operator Website, then please let us know by e-mailing us at info@Afwaj Tour Operator.me. Your remedy with respect to any dissatisfaction with the Afwaj Tour Operator Website is to discontinue your use.
You will defend, indemnify, and hold harmless Afwaj Tour Operator and its affiliates, partners, suppliers, Travel Partners and their respective employees, officers, directors, and representatives against all claims, damages, losses, liabilities, costs, and expenses (including, without limitation, attorneys’ fees and other legal expenses) directly or indirectly arising out of or relating to your use or misuse of the Afwaj Tour Operator Website, your User Content or your breach of any of these Terms. Afwaj Tour Operator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from Afwaj Tour Operator.
- OFFERS AND TRAVEL SERVICES
YOU UNDERSTAND THAT AFWAJ TOUR OPERATOR DOES NOT WARRANT THAT THE OFFERS FOR ANY TRAVEL SERVICES ON THE AFWAJ TOUR OPERATOR WEBSITE ARE ACCURATE OR UP TO DATE, OR THAT ANY BOOKINGS YOU MAKE THROUGH THE AFWAJ TOUR OPERATOR WEBSITE ARE VALID AND AVAILABLE IN YOUR AREA. AFWAJ TOUR OPERATOR’S DISPLAY OF SPECIFIC OFFERS FOR ANY TRAVEL SERVICES DOES NOT SUGGEST AN ENDORSEMENT OF THE OFFER, THE TRAVEL PARTNER OR THE RELEVANT TRAVEL SERVICES. AFWAJ TOUR OPERATOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ALL OFFERS AND TRAVEL SERVICES, AND YOU WAIVE, AND RELEASE AFWAJ TOUR OPERATOR AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIM, LIABILITIES, DAMAGES, DEATH, OR INJURY ARISING FROM OR RELATING TO: (I) ANY BOOKINGS FOR ANY TRAVEL SERVICES MADE AVAILABLE THROUGH THE AFWAJ TOUR OPERATOR WEBSITE; (II) ANY TRAVEL SERVICES; OR (III) ANY ACT, OMISSION OR ERROR BY ANY TRAVEL PARTNER (INCLUDING SUCH PARTNER’S FAILURE TO HONOR THE TERMS OF A BOOKING MADE THROUGH THE AFWAJ TOUR OPERATOR WEBSITE). BY OFFERING TO BOOK HOTELS OR OTHER TRAVEL, AFWAJ TOUR OPERATOR IS NOT REPRESENTING OR WARRANTING THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND YOU SHOULD CONSULT YOUR LOCAL AUTHORITIES FOR ANY ADVISORY NOTICES OR ALERTS.
- THE AFWAJ TOUR OPERATOR WEBSITE
Afwaj Tour Operator makes the Afwaj Tour Operator Website available to you on an “AS-IS” basis. YouR use OF the Afwaj Tour Operator Website IS at your own risk. To the maximum extent permitted by APPLICABLE law, Afwaj Tour Operator and its affiliates, PARTNERs, SUPPLIERS and TRAVEL ParTNERS disclaim all warranties of any kind, whether express, implied, or statutory, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, AND NON-INFRINGEMENT. Afwaj Tour Operator does not warrant the Afwaj Tour Operator website is free of viruses or other harmful components.
WE EXPRESSLY RESERVE THE RIGHT TO CHANGE THE AFWAJ TOUR OPERATOR WEBSITE (OR THE CONTENT THEREIN) AT ANY TIME, INCLUDING TO CORRECT ANY INCORRECT PRICES OR DESCRIPTIONS ON IT. WE MAY, IN OUR SOLE DISCRETION, CANCEL ANY PENDING RESERVATIONS UNDER AN INCORRECT PRICE.
- THIRD PARTY CONTENT
THIRD PARTY CONTENT
YOU UNDERSTAND THAT WHEN USING THE AFWAJ TOUR OPERATOR WEBSITE, YOU MAY BE EXPOSED TO USER CONTENT AND THIRD PARTY CONTENT THAT IS ILLEGAL, INACCURATE OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST AFWAJ TOUR OPERATOR WITH RESPECT TO ANY SUCH CONTENT.
The Google Analytics features we’ve implemented based on Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting).
Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
We use Remarketing with Google Analytics to advertise online.
Third-party vendors, including Google, show our ads on sites across the Internet.
We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.
We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our site.
How we use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics.
8-LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, IN NO EVENT WILL AFWAJ TOUR OPERATOR and its affiliates, PARTNERS, TRAVEL parTNERS, and suppliers BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, exemplary OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF OR INABILITY TO USE THE AFWAJ TOUR OPERATOR WEBSITE; (II) any offers on or bookings made through the Afwaj Tour Operator website; (III) THE ACCURACY OF ANY INFORMATION OR DESCRIPTIONS ON the AFWAJ TOUR OPERATOR WEBSITE; or (iV) any travel services or your use thereof. Afwaj Tour Operator and its affiliates, PARTNERs, travel parTNERS, and suppliers will not be liable for any delay or failure to perform any obligation under these terms by circumstances or events beyond their reasonable control. notwithstanding anything to the CONTRARY in these terms, the liability of Afwaj Tour Operator and its affiliates, PARTNERS, travel PARTNERS, and suppliers shall not IN THE AGGREGATE FOR ANY DAMAGES INCURRED be GREATER THAN TWENTY FIVE DOLLARS ($25). These limitations will apply even if any limited remedy has failed of its essential purpose.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE AFWAJ TOUR OPERATOR WEBSITE OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER THAT CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- BASIS OF THE BARGAIN
YOU AGREE THAT the above WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AFWAJ TOUR OPERATOR AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AFWAJ TOUR OPERATOR. in some cases, APPLICABLE LAW MAY NOT ALLOW FOR THE above WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONs and EXCLUSIONs MAY NOT APPLY TO YOU.
- Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Afwaj Tour Operator in the most expedient and cost effective manner, you and Afwaj Tour Operator agree that all disputes arising in connection with these Terms shall be resolved by binding arbitration, whether such disputes are based in contract, tort, statute or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. You understand and agree that, by entering into these Terms, you and Afwaj Tour Operator are each waiving the right to a trial by jury.
Notwithstanding Subsection 14.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Afwaj Tour Operator will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Afwaj Tour Operator.
- Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail (“Notice”). Afwaj Tour Operator’s email address for Notice is info@Afwaj Tour Operator.me The Notice must describe the nature and basis of the dispute and set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Afwaj Tour Operator may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Afwaj Tour Operator shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Afwaj Tour Operator shall pay you the greater of: (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Afwaj Tour Operator in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, Afwaj Tour Operator will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Afwaj Tour Operator for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- NO CLASS ACTIONS
YOU AND AFWAJ TOUR OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Afwaj Tour Operator agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If only Subsection 14.6 of this Section 14 or the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 16 shall govern any action arising out of or related to these Terms.
Afwaj Tour Operator may provide you with notices by electronic mail, regular mail or postings on the Afwaj Tour Operator Website. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Afwaj Tour Operator is notified that the electronic mail address is invalid. If notice is provided by posting through the Afwaj Tour Operator Website, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Afwaj Tour Operator Website. In such case, notice will be deemed given three days after the date of mailing.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Afwaj Tour Operator agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. This is the entire agreement between you and Afwaj Tour Operator relating to the subject matter herein, and supersedes all previous understandings and agreements, either oral or written, between you and Afwaj Tour Operator with respect to said subject matter. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Afwaj Tour Operator to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Afwaj Tour Operator without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which these Terms pertain. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in these Terms are used for convenience only and are not to be considered in interpreting these Terms.