November 3, 2017

TERMS AND CONDITIONS

TERMS AND CONDITION – FATIH HAJJ INC.

Please read the following carefully!
It sets forth the obligations and limitations of liability of FATIH HAJJ INC. (“FATIH HAJJ”) with respect to the services FATIH HAJJ will provide on behalf of you (hereinafter collectively known as the “Client”).

FATIH HAJJ hereby agrees to arrange for a tour of the designated area (the “Tour”) and to provide travel arrangements for the Client relating to the Tour, including airlines, hotels, buses and any other services necessary for the Client to travel on the Tour.

Under no circumstance shall FATIH HAJJ be liable for injury, damage, loss, accident, delay or irregularity which may be occasioned by any party other than FATIH HAJJ  or not acting under FATIH HAJJ’s direction and control, either by reason of defect, through the acts or defaults of any company or person engaged in conveying the Client or in carrying out the arrangements of the tour.

FATIH HAJJ shall have no liability for acts of God, weather delays, fire, breakdown of machinery or equipment, government actions or other authorities, wars, whether declared or not, hostilities, civil disturbances, strikes, riots, theft, pilferage, epidemics, quarantines, medical or customs regulations or from any loss or damage resulting from improper passports, visas or other documents.

FATIH HAJJ shall have no liability to any Client who elects to make independent travel arrangements separate and apart from those arranged by FATIH HAJJ for the Tour, nor shall FATIH HAJJ be liable for any damages resulting from a Client missing a portion of the Tour, changes in schedules of the Tour or any other factor outside of the control of FATIH HAJJ, and shall not be liable or responsible for any inconvenience, loss, damage or injury arising in connections with such services. It is the obligation of the Client to follow all instructions, including, but not limited to, all check-in and check-out times, departure times (including any changes to the Tour schedule due to delays) and procedures, including the procedures of all carriers providing transportation to the Tour. FATIH HAJJ shall incur no expense or have any liability for the failure of the Client to comply with their obligations and FATIH HAJJ shall not make any payment or refund for any Client who misses any portion of the Tour as the result of the Client’s wrongful acts.

FATIH HAJJ will not provide upgrades or changes to the Tour not selected and paid for prior to departure and no refund will be issued for any services provided on the Tour not utilized by the Client. It is understood and acknowledged that accommodation classifications and ratings are derived from local custom and practice and may be unrelated to international travel standards, and FATIH HAJJ shall have no liability for any perceived failure of the provider of accommodations to meet any particular standard. It is further understood and agreed that all hotel reservations are subject to availability and that if the designated hotel is unavailable, a hotel of similar quality shall be selected, and FATIH HAJJ shall have no liability for damages resulting from any such change in accommodations.

All payments made with respect to the Hajj or Umrah packages programs , including, but not limited to, air fare, transfers, accommodations and service charges, are FINAL and  NON-REFUNDABLE.

Any mistake or error in Tour documents issued by or through FATIH HAJJ must be immediately reported to FATIH HAJJ. The failure to give FATIH HAJJ a reasonable opportunity to correct any mistake prior to the commencement of the Tour shall be deemed a waiver of the right to any damages or reimbursement resulting from any such error and the Client will be obligated to pay any additional expense resulting from such error. While FATIH HAJJ is a private company and not associated with any US or foreign government offices or embassies, FATIH HAJJ agrees to follow the rules and regulations of the Saudi Embassy, Ministry of Hajj in Saudi Arabia and the Kingdom of Saudi Arabia.

It is understood and agreed that FATIH HAJJ does not assume any responsibility for handling your passports and other documents. You hereby agree to indemnify and hold FATIH HAJJ harmless against any cause of action, lawsuit, or other liability that arises from the delivery of your documents to or by any overnight mail delivery carrier, including, but not limited to, FEDEX, DHL, UPS and USPS couriers. Any issues relating to the delivery of packages/passport are to be addressed with these respective agencies.

FATIH HAJJ  is an Agent provider and cannot be held liable for any and all claims that may arise from its vendors. Vendors include but are not limited to, Hotels, Airlines, Transportation companies, Consulate offices, Embassies, and government service providers in Mina, Arafat and Muzdalifa. Situations which FATIH HAJJ is not liable include but are not limited to: Cleanliness & upkeep of Hotel Rooms, denial of visa from consulate, delayed flight, Mina & Arafat tent locations and electrical power, Arafat bathroom conditions, Air Conditioning units in Mina, and damaged buses.

Insurance:
FATIH HAJJ advises all customers to obtain Travelers Insurance prior to departure for any of our tour packages. Many of the issues that may arise which customer will have no recourse against FATIH HAJJ may be remedied by purchase of Travelers Insurance. Situations which may be aided by possession of travelers insurance include but are not limited to: Lost luggage, Medical Expenses, personal expenses and last minute cancelations.

Lost Luggage:
FATIH HAJJ is not responsible for any lost or stolen luggage or personal items for the durations any of our packages. It is customer’s responsibility to take care of all personal and valuable items at all times. FATIH HAJJ recommends customer purchases insurance to protect themselves should such a situation arise. FATIH HAJJ is not responsible to transport or oversee transportation of customer’s luggage, should FATIH HAJJ offer to handle luggage during course of trip, customer understands this is an optional service provided and will not hold FATIH HAJJ responsible for lost or stolen luggage during that time.

Safety & Health:
Customer understands that Tour packages are often held in developing and undeveloped countries, due to this there are many unknown and inherent risks associated with embarking on journeys of this nature. Customer acknowledges that FATIH HAJJ cannot be held responsible for any damages resulting from any acts including but not limited to: negligence of Vendor, political unrest and forces of nature. Furthermore, FATIH HAJJ, or any of FATIH HAJJ’s staff, are not qualified to provide medical assistance should the need arise. FATIH HAJJ will take all reasonable efforts to assist any and all injured customers. However, customers will not hold FATIH HAJJ responsible for inability to treat or care for customer. In addition FATIH HAJJ is not responsible for delays in arrival of medical personnel. Customer understands that many of our tour packages involve long and exhausting walks. Particularly our hajj packages, can take an exhausting physical toll on any and all customers regardless of physical condition. Customers with prior physical conditions are required to make disclosure to FATIH HAJJ staff prior to departure. FATIH HAJJ will do it’s best to accommodate customers with health conditions, however by purchasing a package from FATIH HAJJ, customer warrants that they are able to complete and participate in all aspects of said package. Should customer be unable to participate in any aspects of our tour packages, it is customer’s responsibility to find a companion to assist them.

The enforcement of any of the terms and conditions shall be governed by and construed and interpreted in accordance with the laws of the State of New York and the Client hereby consents and agrees to personal jurisdiction in the Courts of the State of New York, and further agrees that the Courts of the State of New York shall have exclusive jurisdiction of any action or proceeding to enforce any of the terms or conditions herein. It is specifically agreed that in the event any litigation arises to enforce the terms and conditions, both parties waive the right to trial by jury and the prevailing party in any litigation between the parties shall be entitled to recover as part of the judgment all expenses, including reasonable attorney’s fees and costs of Court.

It is agreed upon, that ALL PAYMENTS ARE FINAL AND ARE NON REFUNDABLE.
It is also agreed upon, that no refund shall be issued for any reason after Saudi Visa has been printed.

The foregoing has been read and fully understood, agreed and consented to:
Client agrees to all Terms and Conditions by executing one or all of the following: 1.Registering online and/or 2.Checking the terms and conditions during registration and/or 3.Sending a payment.