- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Agreement” means the agreement between us and you for you and any persons named on the Confirmation Of booking to participate in the Tour in accordance with these Terms and Conditions and the Brochure;
- “Online Booking Form” means the form on which booking details are submitted online;
- “Website” means the web pages at the following websites: www.radiantdrops.com.
- “Package Details” means information detailing the Tour as published online by us in respect of the year in which the Tour is to be taken;
- “Confirmation of Booking” means our confirmation to you that your booking has been accepted;
- “Tour” means the Hajj experience as described in these Terms and Conditions and the package details;
- “Us”, “We” or “Our” means Radiant Drops Ltd (with registered number 07413003 and registered office at Suite B, 29 Harley Street, London, W1G 9QR); and
(You) or (your) means the person who is registered as the primary contact as on the online booking form and whose details are set out in the Confirmation of Booking as being the person making the booking. - In the event of any conflict between the terms of these Terms and Conditions and the Package Details the Terms and Conditions shall prevail.
- Package details
- There are two choices of packages:-
- Classic; and
- Deluxe.
- The deluxe package provides for accommodation based on triple occupancy though you may choose to upgrade to double occupancy (deluxe package only). If you require double occupancy then this should be specified on the Online Booking Form. If double occupancy is available this shall be confirmed in the Confirmation of Booking.
- The classic package provides for accommodation based on quadruple occupancy. If you require double or triple occupancy then this should be specified on the Online Booking Form. If the required occupancy is available this shall be confirmed in the Confirmation of Booking.
- Where You are a single traveller or the number of people travelling in Your party is not divisible by three (in the case of the classic package) or two or three (in the case of the deluxe package and depending on whether You have opted for a double or triple room) We may still be able to accommodate You or all members of Your party (as applicable) on the Tour subject to availability and payment of a supplement. The exact amount of the supplement payable will be advised to you before Confirmation of Booking. A child will count as an occupant only where it requires a bed.
- The items included in and excluded from each package are as set out in the package details. Please note that the cost of sacrifice is not included in either the classic or deluxe packages.
- The photographs of landmarks featured on the website are for illustrative purposes only and to give an idea of what you may experience during the Tour. The photographs of hotel rooms are also included only to indicate the type of accommodation you can expect to stay in and your hotel room may differ from those depicted.
- Star ratings and hotel facilities reported by us are as reported to us by the hotels and we cannot guarantee that these will be as mentioned as they are subject to change by the hotels and since these standards differ from hotel to hotel and from country to country.
- There is no minimum age for travel. However, children and infants must be accompanied by a responsible adult who will usually be a parent or immediate relative.
- We reserve the right to refuse anyone on the tour unless we have provided to them written confirmation of their place on the tour.
- By Embarking on this tour with us, you will have implicitly accepted our terms and conditions.
- There are two choices of packages:-
- Booking
- Prior to booking you must carefully read, understand and agree to these Terms and Conditions. Places are allocated on a first come first served basis and early booking is advised in order to avoid disappointment.
- When you have selected the package of your choice please complete the Online Booking Form. You should ensure that all details entered on the Online Booking Form are complete and accurate. Please note that the Online Booking Form will not be accepted unless you agree to the terms and conditions. Your acceptance is given by making the booking.
- In agreeing to these terms and conditions you are responsible for and guarantee payment in respect of all persons named on the Online Booking Form including any insurance, charges, duties or other amounts payable. You also agree to be responsible for the behaviour of all persons travelling with your party for the duration of the Tour. We will correspond directly and only with you the primary customer and all documents will be sent to the address for you that appear on the Confirmation of Booking. It is your responsibility to ensure that all persons travelling in your party are aware of the information relevant to the Tour and that they conduct themselves in an appropriate manner having regard to the holy nature of the Tour.
- The deposit or full amount (as applicable) is due and payable in accordance with clauses 5.1 and 5.3 (as applicable) at the time of submitting the Online Booking Form. An Online Booking Form is not valid and will not be accepted until such payment is received.
- If we accept your booking we will send you a Confirmation of Booking. We will use reasonable endeavours to send the Confirmation of Booking via email within 14 working days of us receiving the Online Booking Form. Upon issue of the Confirmation of Booking, a legally binding agreement will be deemed to have come into effect on the date that appears on the Online Booking Form. If you submit the Online Booking Form [2 weeks] or less before the date of departure, a legally binding agreement will be deemed to have come into effect on the date when we confirm the booking to you, which may be or may not be in writing.
- You must stipulate any dietary, mobility or other special requirements for you or any person included in your booking on the Online Booking Form. Whilst we use our reasonable endeavours to cater for any such requirements, we cannot guarantee such requirements will be accommodated and cannot be held liable for any failure by us to do so.
- You must notify us in writing of any medical condition that you or any person travelling in your party has. We may request further information on any such condition and you agree to provide such information (which shall be true and complete) promptly. We reserve the right to decline or cancel a booking or make further requests if we believe that we are not able to provide the facilities to deal with the medical condition in question.
- When deciding to book the trip you should be aware of the following points:-
- The Tour can be physically demanding. Unfortunately we are not able to take responsibility for any pilgrims that have special requirements, unless agreed in writing at the time of booking in accordance with clauses 3.6 and 3.7. In order to complete the rites of Hajj we require that all pilgrims are fit enough to walk for a distance of at least three miles. In case any pilgrim is not fit enough to do so, he/she should take a wheelchair with them as well as a companion who will take responsibility for them. We also strongly recommend that pilgrims seek medical clearance from their GP before booking, particular the elderly.
- Please note that the journey of Hajj cannot be equated to holiday travel. During this journey the unexpected is often the norm, despite careful planning and organisation the Hajj journey can never be taken for granted like a normal holiday. Hotels, transport and public services are all pushed to their limits during the Hajj season so you should not expect the same level of service that you are used to in the UK. Due to the large number of pilgrims in a small area, the crowds can be overwhelming. Expect major traffic congestion and very long delays while moving from one location to another during the days of the rites of Hajj. These journeys can be very frustrating and unpredictable.
- We use reasonable endeavours to perform Hajj according to The Quran and Sunnah.
- All meetings, lectures and announcements must be attended and will be delivered in English.
- If you wish to make any change to your arrangements following Confirmation of Booking
Each amendment will incur a fee of £25 per person. Any additional charges passed on to us by airlines or other suppliers will be added to this amount.
- Travel Documentation
- We are responsible for providing the Tour as detailed on the Confirmation of Booking. We use reasonable endeavours to ensure that our work is accurate. However, it is your responsibility to ensure that all details on the Confirmation of Booking (whether such details relate to you or a member of your party) and any other documentation that we send to you are correct. In particular, you must check your travel documents and those of any persons travelling with you and ensure that the details match those on your passport and those of any persons travelling in your party. Where there are any discrepancies in any of the documentation you must advise us immediately. Failure to do this may prevent you from participating in the Tour. Any changes due to errors (like name spellings) will incur charges where airlines, visas and other matters require so.
- Travel documents will be issued where appropriate in the following ways:-
- Collection by You at the Pre-Hajj seminar to which all participants are invited to attend;
- Sent by post to your address by recorded or special delivery; or
- Collected at the airport.
- No travel documents will be issued until the full and final payment has been received.
- Where documents are sent by post pursuant to clause 4.2.2, we cannot be liable for items lost in the post.
- Should tickets become lost or stolen, it is necessary to complete an indemnity form to be passed to the airline. Some carriers are then prepared to issue replacement tickets immediately but may impose a fee for this. Other airlines require full payment to issue replacement tickets and will refund the amount paid for the original documents at a later date. You should be aware that this process can take up to 18 months.
- Unused or part used air tickets are returned to the airline for authorisation and calculation of refund due, if any. We will deduct from any refund received back from the airline an amount equivalent to the deposit and 15% of the total cost as a cancellation charge. Refunds can take up to 12 months in total.
- Price and Payment
- The deposit which is NON-REFUNDABLE is due and payable at the time of submitting the Online Booking Form. The exact amount of the deposit will be as detailed in the Package details. Where no such amount is specified we will advise you of the exact amount of the deposit when you complete the Online Booking Form.
- The balance of the price is due and payable as per the confirmation of booking or eight weeks before the date of departure whichever is earlier.
- Where you submit the Online Booking Form less than eight weeks before the date for the balance of payment to be made pursuant to clause 5.2, the full price of the trip is due and payable with the Booking Form.
- It is your responsibility to ensure that the sums payable under the Agreement are made by the due date(s). Please note that it is not our practice to send out reminders that sums are payable unless such sums are overdue.
- If you fail to pay the deposit, the balance or any other sum due under the Agreement by the due dates your booking may be cancelled without liability on our part.
- Payment can be made by the following methods:-
- Cheque or postal order made payable to “Radiant Drops Ltd” (please allow 10 days for the cheque to clear)
- Cash;
- PayPal (subject to a 4% surcharge);
- Bank transfer.
- It is possible that circumstances may arise that cause the price of the trip to increase or decrease. We may alter the price PRIOR TO confirmation of booking being sent to you. After you have received a confirmation of booking the price of the trip will not be increased.
- Visa applications
- We will organise your visa application and that of any person travelling in your party and named on the Booking Form. You will offer us all the assistance that we require in obtaining the visa in good time for the date of Departure.
- In particular you will provide us with the following items in respect of You and each party travelling in Your party upon our request by any deadline that we stipulate:-
- Passport. This must be valid for at least 8 months on the date of travel.
Non-European Community (EC) passport holders must have permanent residency, work permit or ‘leave to Remain with spouse’ and must have entered the UK two months prior to applying. Children who have been endorsed on their parent’s passport will only be granted a visa if a photo of the Child has also been endorsed on the passport by the Passport Office; - 4 passport sized photographs (must have white background);
- A completed visa application form which we will send to you;
- A valid meningitis (ACWY) immunisation certificate;
- A completed mahram relationship declaration form;
- Any additional information requested by us.
- Passport. This must be valid for at least 8 months on the date of travel.
- We cannot guarantee that a visa application will be granted and cannot be liable for any refusal made by the Saudi Arabian authorities for any reason whatsoever.
- Amendments and Cancellation
- In the unlikely event that We are required to make a substantial change to an element of the Tour (which shall include a change of the city of departing or arriving airports, a change to a significantly lower (but not better, equal or similar) standard of accommodation or a change in the time of your flight departure time by more than 72 hours) we will let you know at the time of booking. Should a substantial change occur after the Confirmation of Booking has been issued we will let you know as soon as reasonably possible and you will be entitled to a partial refund equal to the difference in service.
- If you decide that you wish to cancel the booking or change any element of your Tour you must inform us in writing as soon as possible. You are also responsible for notifying us where a member of your party wishes to cancel the booking or change any element of the Tour.
- Where you cancel the tour prior to the due date of the balance of payment the deposit will be forfeited. If only one element of the tour is cancelled a fee of £25 per person per cancelled element will be charged. Where you have paid additional charges for a specific element of the tour that you have requested such amount will be lost.
- If you decide to cancel the Tour after the due date of the balance of payment we shall retain 15% of the total cost of the tour plus any deposits paid. Any cancellation costs levied by any of our suppliers or the airline will also be deducted from the amount to be refunded to you. Please note that some airfares are subject to special conditions and cancellation charges which can be as high as 100%.
- Any cancellations eight weeks prior to departure will incur a 100% charge and no refund will be issued.
- We will advise you of the exact amount of any cancellation fees before finalising the cancellation.
- Any change of flight times by the airlines or the Saudi Aviation authority (or other authorities) which affects any travel plans made by you are not our responsibility. You are advised to book any travel arrangements so as to arrive well in advance of any flights, etc, organised by us. Any arrangements made by you including transport to and from the airports is your responsibility and we cannot be liable for these costs.
- Transfer
It is not possible to transfer the package to another person. - Time and Routes
- It is not possible for you to alter the routing of your air ticket after the Confirmation of Booking has been issued. The timings of flights and any internal transportation are estimates only. Various factors may affect any of the timings given including adverse weather conditions, delays at check in, operational problems and airline procedures. We cannot guarantee that the departure times and duration of the journeys will be accurate.
- You should be aware that some carriers may also have special conditions of carriage which may exclude or restrict their liability to you. [If you would like to see such conditions of carriage please contact us and we will arrange for a copy to be sent to you.]
- It is your responsibility to ensure that you and your party are at any meeting points at the relevant time. This applies to check in details, outgoing and ingoing flights, any internal transportation and any excursions organised during the Trip.
- Insurance
- No person can take part in the Tour unless they have adequate holiday insurance in place. It is your duty to ensure that such insurance is Shariah compliant. This applies to all persons named on the Booking Form. The level of insurance cover that you arrange should be sufficient to cover any expenses incurred in the event of emergencies or cancellation. Please remember that the protection some policies offer may vary.
- Complaints
- If you have a problem during your Tour, please tell the hotel, tour operator or other supplier concerned. If this is not possible or satisfactory, please contact the group leader or if this is not possible then contact the office where the booking was made by phone, email or fax.
- If the problem cannot be resolved in the above manner, please contact us in writing at the address set out next to the definition of “We”, “Us” or “Our” within 28 days of your return, quoting your booking reference and all other relevant information and documentation.
- Liability
- This term sets out our entire liability to You (including any liability for the acts and omissions of employees) in respect of:
- The Tour;
- Any breach of our contractual obligations arising pursuant to these Terms and Conditions; and
- Any representation, statement (other than fraudulent misrepresentation) or tortious act or omission including any negligence arising under or in connection with the agreement made pursuant to these Terms and Conditions.
- You must tell us of any problem you experience at the earliest opportunity and in any event within the time limits set out in clause 13. If the problem is with regard to a supplier of any component of the Tour who is not a party to the agreement made pursuant to these Terms and Conditions but has been involved with the performance of obligations you must also advise that party at the time and the place where the obligations concerned are supplied. If you fail to do we will not be liable.
- Notwithstanding any other provision of these Terms and Conditions, we do not seek to limit or exclude our liability to the other for death or personal injury resulting from our own or our employees’ negligent act or omission or wilful misconduct or for fraudulent misrepresentation.
- In the case of damage arising from the non-performance or improper performance of Our obligations under this Agreement, we may pay you a reasonable amount of compensation which shall be limited in accordance with the Warsaw convention amended by the Hague Protocol 1995 (in the case of air travel) and the 1962 Paris Convention (in the case of hotel accommodation). In all other cases (other than personal injury or death caused by negligence or fraudulent misrepresentation) our total liability to You in respect of all claims, losses, damages, costs, charges, expenses, liabilities, demands, proceedings and actions (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed 125% of the sums paid in respect of each person in Your party in respect of whom the loss is alleged.
- Under no circumstances shall we liable to you for any type of special, indirect or consequential loss of any nature whatsoever even if such loss was reasonably foreseeable or the possibility of it being incurred had been advised.
- This term sets out our entire liability to You (including any liability for the acts and omissions of employees) in respect of:
- Notices
- If you need to contact us for any reason, correspondence should be sent to the address set out at the definition of “We” “Us” or “Our” along with an email to sales [at] radiantdrops [dot] com. If we need to contact you we will write to You or telephone You or email You using the address and/or phone number and/or email address that you specify in the Online booking Form. Where such notices are sent by post, they shall be deemed to have been given two days after the date of posting. Where such notices are given by telephone, they shall be deemed to have been given at the time when the telephone call was made.
- Circumstances beyond our control
- We shall not be liable for any delay in performing obligations or for failure to perform obligations if the delay or failure results from circumstances beyond our control including, but not limited to Act of God, refusal of licence(s), act of government, act of terrorism, fire, flood, earthquake, war, riot, explosion, accident, criminal act, civil commotion, industrial dispute, delays in transportation, adverse weather conditions, timetables being amended or cancelled by airlines, impossibility of obtaining information or any other cause outside of our control.
- General
- No waiver or amendment of any provision of the Agreement shall be effective unless made in writing and signed by both Parties. Any wavier by us of a breach or default by you shall not be construed as a waiver of any succeeding breach of the same or other provisions.
- Subject to clause 8, you are not entitled to assign or otherwise transfer any of your rights or obligations under the agreement made pursuant to these Terms and Conditions.
- If any provisions of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- The Agreement (together with any documents referred to or executed under it) constitutes the entire understanding between the Parties concerning the subject matter of the Agreement. The Parties confirm that they not entered into the Agreement on the basis of any representations that are not expressly incorporated into the Agreement. Nothing in this Clause shall, however, operate to limit or exclude any liability of either party for fraudulent misrepresentation.
- No provision of the Agreement is intended to or creates any right or benefit enforceable against the Parties to the Agreement under the Contracts (Rights of Third Parties) Act 1999.
- The law applicable to the Agreement is English law. The Agreement shall be governed by English law in every particular including formation and interpretation and the Parties agree to irrevocably submit to the exclusive jurisdiction of the English courts.
- General Manners and Etiquettes
- Threatening, abusive and bad manners which includes but not limited to raised voices out of anger towards our staff, swearing with profanity, and/or physical abuse will result in the concerned individual being expelled from the tour either before or during the tour. We reserve the right not to aid the facilitation of any paid for services from that moment onwards.
- It is a condition of this agreement that you attend all meetings and lectures that we organise before and during Hajj including the Pre-Hajj seminar held in the UK, to ensure that you are well informed of your Hajj rites and expectations, including details of all meetings, timings and schedules.
- Any advice given by us needs to be verified by you yourself and we cannot be held liable for any advice given out of good will, such as requirements for acquiring visas from the Saudi Arabian Embassy or the time it takes to get from Hotels to the Grand Mosques or where particular hospitals are.
- Please note that all calls made to any of the Radiant Drops telephone numbers may be recorded for quality and training purposes.
- Your Financial Protection
- When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
- We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding 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.
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