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Moti Tours And Tourism Ltd Booking Conditions.
We act in the following capacities: as a Package Organiser, a Flight-Plus arranger and as an agent to help you to arrange individual flight only, accommodation only or other separate travel arrangements (Individual holiday product). Our obligations to you vary depending upon which arrangements you book with us and whether we’re acting as an Package Organiser, a Flight-Plus arranger or an agent, and we have tried to set them out below as clearly as possible. Section A applies to package holiday bookings where we are the Package Organiser and Section B applies to those bookings we make as an agent. Section C contains the conditions which will apply to all bookings, regardless of whether we’re acting as Package Organiser or Agent.
SECTION A: WHERE WE ACT AS A PACKAGE ORGANISER AND FLIGHT PLUS ARRANGER.
This section applies to all package holiday bookings where Moti Tours and Tourism is the Package Organiser. For these bookings, your contract will be with us and this will be specified on your confirmation invoice. Please read this section in conjunction with Section C of these Booking Conditions.
Definition of Package: A package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Where you have booked a Package Holiday and your contract is with us, we will accept responsibility for it in accordance with these Booking Conditions as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
1. Booking and Paying For Your Arrangements
A booking is made when a) you tell us that you would like to accept our written or verbal quotation; and b) you pay us the applicable deposit (or full payment if you’re booking within 42 days of departure); and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.
If your confirmed arrangements include a flight, you will also receive an ATOL Certificate, as well as the booking confirmation. Upon receipt, if you believe that any details on the ATOL Certificate, booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than  days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 5 below will become payable.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
2. Non Attendance
If you do not check-in for the first night of your reservation, but plan to check-in for subsequent nights, you must confirm the reservation changes with us no later than the original date of check-in to prevent cancellation of the whole reservation. If you do not confirm the reservation changes with us the whole reservation may be cancelled and refunds will only be due in line with the applicable cancellation clauses.
3. Additional Taxes and Local Charges
Hotels may require an additional charge to be paid locally (e.g. a resort fee) or local taxes may be levied but not paid at the point of purchase that are payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the hotel at the time of check-in/checkout.at the time of check in or check out.
4. Minimum Numbers
Please note that all our Hajj & Umrah Packages require a minimum number of participants in order to operate and you accept that your booking is always subject to this stipulation. If the minimum number of participants for a particular Hajj & Umrah package is not met, unfortunately we will have to cancel your booking. In this case, you will be notified of the cancellation and given the option to book onto an alternative package or a full refund of all monies paid if this is not possible. However, we will not cancel your booking for this reason less than 30 days prior to the date of departure.
5 : Hotel Bedding and Room occupancy
Hotel Bedding and Room occupancy depends on hotel to hotel and explained below in generic terms:
Double room : Kings size/Queen size beds or 2 Single Beds.
Triple room :Either 1Kings size/ 1 Queen size Plus 1 Extra Bed or
3 Single Beds ( Extra bed can be Rollaway / Sofa / Folding beds).
Quad room : Either 1Kings size and 1 Queen size OR
Either 1Kings size/1 Queen size Plus 2 Extra Beds OR
4 Single Beds (Extra bed can be Rollaway / Sofa / Folding beds).
Children travelling with parents will be accommodated in the existing bedding unless additional bed requested by the passenger at an extra cost. Occasionally child may be provided a Rollaway / Sofa / Folding bed complimentary which will depend on hotel to hotel and not guaranteed unless confirmed in writing.
Any special requests for including additional persons above the room occupancy depends on the hotels and will be confirmed only after receiving confirmation. We cannot guarantee bedding for additional occupancy in the rooms nor the amount of space in the room.
Upon check-in, you must present a valid ID and credit card in your name. Debit cards may not be accepted.
The price of your confirmed arrangements is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed holidays.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
8. Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £35 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may not be possible to transfer your booking to another suitable person.
Please note that this option will not be available unless the transferee meets all visa and passport stipulations applicable to Hajj & Umrah packages
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
9. If you cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):
|Period before departure||Cancellation charge per person|
|More than 42 days||Deposit|
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
10. If We Change or Cancel
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Most alterations will be minor and while we will do our best to notify you or your travel agent of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:
- Any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type.
- A change of outward departure time or overall length of your holiday of twelve hours or less.
- A change of accommodation to another of the same standard or classification.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements of twelve or more hours.
- A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
- A significant change to your itinerary, missing out one or more destination entirely.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for major changes) accepting the changed arrangements,
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a major change or cancel your arrangements more than 30 days before departure;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Force Majeure (see clause 29); or
- we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached, (we will tell you if we have to cancel for this reason not less than 30 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
11. Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact 0116 237 2520. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us on email@example.com within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Because the contract for your arrangements is between you and the supplier/principal, any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier/principal or their representative immediately. If you fail to follow this procedure there will be less opportunity for the supplier/principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the supplier/principal. You will see their name and contact details in any confirmation documents we send.
13. Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
14. Our Responsibilities
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
* the act(s) and/or omission(s) of the person(s) affected;
* the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
* unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is £10 per person. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(1) What is a Flight-Plus?
- A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus.
- If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus; provided that they are booked the day of, day before, or the day after you booked the flight
- A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. (A Package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.)
- A flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
- A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the requirements in paragraph (1) are no longer satisfied.
- Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
- The failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
- If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus we will provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
- If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus we will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
- If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
- Where suitable alternative arrangements are provided as set out in clause 14 (2) (b) – (d) above, we will where appropriate, pay you reasonable. £10 per person to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
16. Financial security
The information below applies only if you are a resident of the United Kingdom (excluding Channel Islands and Isle of Man).
Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
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.
Please check our booking terms and conditions for information, or for more information about financial protection and the ATOL Certificate go to:www.atol.org.uk/ATOLCertificate
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 to be paid 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.
If you book arrangements other than an ATOL protected flight or Package from us, your monies will not be financially protected. Please ask us for further details.
17. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel, Package Holidays and Package Tours Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 10 (2) (a) (b) (c) or (d) of these Booking Conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en ) detailing air carriers that are subject to an operating ban with the EU Community.
This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
SECTION B: WHERE WE ACT AS AN AGENT.
We also sell holidays and other services as an agent on behalf of other tour operators and supplier/principals (“supplier/principals”). You will know when we’re acting as agent as we will specify this on our confirmation invoice and provide you with the name of the supplier/principal with whom your contract is. Because we’re an agent, we cannot accept any liability for the provision of these arrangements or for the acts or omissions of any supplier/principal or other person(s) or party(ies) connected with the arrangements. Your booking is subject to these Booking Conditions and the specific booking conditions of the relevant supplier/principal you contract with and you are advised to read both carefully prior to booking. The supplier/principal’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions are available on request from us.
You can purchase separate, individual elements on our website (e.g. accommodation only or flight only). You may also decide to book more than one separate element with us at the same time. The price charged in total for more than one element will always equal the prices charged separately for each individual element. All elements are available to be purchased separately at the same price as they are when more than one element is purchased. This means that any bookings of multiple elements do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
18. Booking and payment
In order to confirm your chosen arrangements, you must pay a deposit or full payment as required by the supplier/principal of the arrangements in question. You must also pay all applicable insurance premiums and booking fees. Your booking is confirmed and a contract between you and the supplier will exist when we send you a booking confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier/principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the supplier/principal concerned, all monies you pay to us for arrangements will be held on behalf of the supplier/principal concerned.
19. Changes and Cancellations by you
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect on the day we receive it. Proof of posting is not proof of receipt; therefore you are advised to also confirm all changes with us by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier/principal of your arrangements. The supplier/principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £35 per person.
Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most 'no frills' airlines have cancellation charges of 100% from time of booking.
Notes: All booking which are completed directly on our website and put for Cancellation/Refund/Reissue or Rescheduling for any reason are subject to an administrative charge £50 Per Ticket over and above the Airline charges.
20. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the supplier/principal needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier/principal in relation to any alternative arrangements offered by the supplier/principal but we will have no further liability to you.
21. Our responsibility for your booking
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
SECTION C: ALL BOOKINGS
22. Making a Booking & Payment
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
(c) he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(d) he/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.
All online payments are subject to the following conditions:
- We cannot accept liability for a payment not reaching the intended account due to a customer quoting an incorrect account number in case of online bank transfer.
- We cannot accept liability if payment is refused or declined by the credit/debit card supplier (due to the customer quoting incorrect card details or other reasons).
- If the card supplier declines or double charged we are under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that the correct payment has been deducted from your account.
- In no event will we be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- All prices quoted are in GBP - UK pound Sterling.
23. Telephone Payments:
All telephone payments are subject to the following conditions:
For some telephone bookings full payments may be required before you receive confirmation. If this applies you will be advised when the booking is made. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your booking and still leave you liable to the cancellation charges. If an extra “booking charge” applies, this would have been advised at the time of booking.
- Payment methods other than those stated on the Site will not be accepted and no responsibility is accepted for cash or cheques sent through the post. Before payment is received in full, neither ourselves nor the supplier are obliged to issue any tickets, confirmations, vouchers, or other travel documents. However, you shall in all cases remain liable for payment of the amounts agreed for the travel products and services ordered.
24. Departure Taxes
It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are non-refundable by us.
25. Government Action
Our Price Guarantee cannot cover increases due to direct Government action. E.g. the imposition of VAT or Passenger levy.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
Adequate travel insurance is vital. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, pre-existing medical conditions, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
28. Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
29. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Implications of Brexit on Travel Arrangements
Kindly note that the decision of United Kingdom to exit the European Union (EU) might have some undesirable affects on the travel arrangements.
The implications could include changes to the visa requirements of British citizens travelling to or through places within the EU. Unavailability of some flight routes and access to certain airports and ports within the EU are the other implications that the British citizens could face as a result.
As this is something entirely unexpected and beyond our control, we would treat the event as Force Majeure. However, we assure you that we would closely monitor the latest developments and update our customers as soon as we come across any confirmed bookings that could be affected.
While we would take all the efforts to arrange suitable alternatives or refunds wherever possible, we are not liable to pay you any compensation.
30. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us or the applicable supplier principal to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
31. Ratings & Descriptions
All ratings are as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
All descriptions and content on our website or otherwise issued by us is done so on behalf of the suppliers in question are intended to present a general idea of the arrangements provided by the supplier in question. Not all details of the relevant arrangements can be included on our website. All arrangements shown are subject to availability. If you require any further details, in respect of any arrangements or any other services please contact us.
32. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information you can visit https://www.gov.uk/government/organisations/hm-passport-office
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
33. UMRAH VISAS<br /> For an additional cost, we offer a visa service in which we will apply on your behalf for Umrah visas to Saudi Arabia. . It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to the Hajj or Umrah package and required for the issuance of the visa. We are unable to guarantee that that any visa will be granted and consequently accept no liability whatsoever for any refusal or delay in obtaining your Umrah visaYou must check requirements for your own specific circumstances and your own doctor as applicable. We reserve the right to claim from you any associated costs incurred by us as a result of the delay or refusal. We are also not liable for any delay in obtaining Umrah visa due to misplace/lost of passport in embassy. We are not liable if the embassy keeps the passport for longer period due to additional checks. You must pay the Approval Charges of £50/ Per Passport, which are non-refundable, once your application is approved.
Note: We are not liable for any changes in legislation in regards to Visas by the government of Saudi Arabia. Umrah visas are subject to any last minute changes by the government of Saudi Arabia, In the event of any changes by the government or unforeseen reasons as a result of which you’re not issued with a visa, we are not liable for any refunds of part or full payment of the Hajj or Umrah package or any other product or services you have booked. All bookings made by you prior to obtaining your visa are done so with this risk in mind.
34. Conditions of Suppliers
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
35. Advance Passenger Information
36. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 29).
37. Reconfirming return/onward flights
It is your responsibility to ensure you follow ALL RECONFIRMATION INSTRUCTIONS which will be shown EITHER on the FRONT of the Invoice or on your travel documents. We will not be liable for any additional costs due to your failure to reconfirm the flights.
38. Documents Despatch
Travel documents will be sent by email. It is your responsibility to check that all travel documents issued are correct. Any inaccuracies must be notified to us immediately. If you do not contact us immediately we cannot accept any liability and any changes may incur additional cost as applicable. The address for sending all documentation will be that given at the time of booking unless requested otherwise. Travel documents will not be sent until we receive the full payment in the cleared funds. Sending travel documents by post or fax is subject to company's discretion and will involve additional cost. We will not take any responsibility of document not being delivered or delayed due to the wrong postal or email address given at the time of booking. Documents will normally be despatched 7 days before departure. N.B. For bookings made within 14 days of departure it may be necessary for you to collect air tickets at the airport we will notify you for the same in advance. Any other vouchers will be posted /faxed or emailed to you direct. For additional security scheduled airline tickets are usually sent by special Delivery. And in this event this is your responsibility to ensure receipt collection. Late bookings may also require special Delivery/Courier delivery of documents in which case the appropriate charges will have been advised at the time of booking. We will not take responsibility for the document delayed not delivered in post due to strike or in Royal Mail or due to public holidays It is your responsibility to make sure you make alternate arrangements to collect your travel document in these situations.
Your right to privacy is very important to us and we recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service and that's why we have put a policy in place to protect your personal information.
We will not provide any of your personal information obtained via the web to other companies or individuals unless required to by law. Whenever you provide sensitive information (for example, a debit/credit card number to make a payment) we will ensure all reasonable steps to protect it; such as encrypting your card number. We will also take security measures to protect your personal information in storage. Debit/Credit card numbers are used only for payment processing and are not retained for marketing purposes.
Our website may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites.
40. THE HEALTH AND GENERAL INFORMATION FOR HAJJ AND UMRAH PASSENGERS
- It is your responsibility:
- To ensure that you understand and are aware of the rituals of your Umrah and Hajj and how to perform them.
- To be aware that during peak season, particularly the Ramadan period, because of the huge numbers of people on pilgrimages and the problems of overcrowding, your room facilities or furniture may be different. We are unable to prevent this from occurring on occasion and accept no liability for it as it completely outside our control.
- To be aware, particularly at the time of the Ramadan, flights and destination airports can sometimes be altered at the last minute. We have no control over this and you should accept that this could happen to you.
- To understand that Saudi Arabia is not subject to the same health and safety regulations that exists in the UK and Europe. In many areas, the operation of certain amenities and facilities may be subject to local licensing laws or religious pilgrimage. Maintenance and local energy conservation measures may mean that the hotel or apartment limits certain facilities, e.g. air conditioning or water supplies. In addition, unusual weather conditions may cause electricity failure. We will not be liable for any damage or losses arising from this. In most cases this leads to a useful experience but you should be aware that accommodation in apartments and hotels is provided on a shared basis (unless appropriate extra fee have been paid and this is stated on your confirmation). All information about the hotels has been provided by those hotels and may not have been verified by us. All hotel rooms have private bathrooms but you should be aware that the sizes of the rooms are usually smaller than those in the UK and Europe.
- The meals are provided on a self-service basis in hotels and apartments. You should be aware that the food served is local food and may vary from day to day.
- Compulsory Vaccination - It is your responsibility that you should take vaccination against meningococcal meningitis, As per Saudi government requirements, vaccination against meningococcal meningitis is compulsory for all local and international Hajj pilgrims. Vaccination should be taken at least 10 days before you arrive into the country. All travellers performing Umrah and Hajj must attach a valid certificate of vaccination with their passports stating that the traveller is vaccinated 10 days prior to their arrival in Saudi Arabia, Vaccination is mandatory for all adults also for children above 2 years
When you make booking with us you acknowledge there is an element of risk associated with pilgrimage generally, particularly in Saudi Arabia for the Hajj. These include overcrowding in hotels, on all forms of transport and poor management of the public places. These risks can also include the risk of injury or illness in remote places without medical facilities. You must be fit enough to undertake the pilgrimage and you must exercise reasonable care for your own safety and the safety of other members in your group.
- You are solely responsible for your travel/health insurance arrangements. We do not offer any travel/health insurance.
- We shall not be liable for any delay in performing Hajj rites or for failure to perform Hajj rites in the delay or failure result from circumstances beyond our control.
- Moti Tours and Tourism. will not take any responsibility for safeguarding the property of individuals at any time during the journey nor for any loss or damage of any property, except where such loss or damage is a direct result of our negligence.