TERMS & CONDITIONS

3.10 From the date of confirmation of booking (which may be over a telephone call or in writing), you shall have no right to cancel a booking due to a change of mind or change of requirement.

Note: certain arrangements may not be amended after they have been confirmed or ordered and any alteration could incur a cancellation charge of up to 100 % of that part of the arrangement.

Health Requirements

3.11 You must stipulate any dietary, mobility or other special requirements for You or any person included in Your booking on the Booking Form or at the time of booking. 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.

3.12 You must notify us for 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 your booking if We believe that We are not able to provide the facilities to deal with the medical condition in question. All pilgrims are travelling at their own risk and no special arrangements or responsibility will be catered for any disability, mobility or medical conditions.

3.13 When deciding to book the trip You should be aware that Hajj and Umrah journey is physically and mentally demanding. We do not take responsibility for any pilgrims that have special requirements unless agreed in writing at the time of booking in accordance with clauses 3.11 and 3.12. In order to complete the rites of Hajj and Umrah and other rituals, it is required that all Pilgrims are fit enough to walk for a distance of at least 3-5 miles a day. In case any Pilgrim is not fit enough to do so, he/she must take a wheelchair with them as well as a companion who will take responsibility for them. We also strongly recommend that all pilgrims seek medical clearance from their GP before booking, particular the elderly or those with diagnosed medical problems. It is Your responsibility to check with your GP that You are fit enough to be on this journey as well as what vaccinations and medication you may require and allow time to obtain them. Some relevant details are available from the National Travel Health Network and Centre www.nathnac.org

Journey Information

3.14 Please note that the journey of Hajj and Umrah cannot be equated to holiday travel. The Hajj journey can never be taken for granted as operating like a normal holiday; Hotels, transport and public services are all pushed to their limits during the Hajj season and You should not expect the same level of services that You are used to in the UK or elsewhere. Due to the large number of pilgrims in a small area the crowds can be overwhelming. Please expect major traffic congestion and very long delays while moving from one location to another throughout the journey particularly during the days of the rites of Hajj and Umrah. These journeys can be very frustrating, unpleasant and unpredictable which are outside of Our control.

3.15 Exclusively for Hajj or Large Umrah groups (over 50). The information document and itinerary of Your journey will set out some of the potential challenges which can be expected during the pilgrimage. This is neither a complete nor exhaustive list. Approximately [two weeks] before the Start Date, We shall provide You with a pack of information relating to Your journey. This information will include:

1.1 locations of intermediary stops and transport connections as well as anticipated time of meeting;

1.2 Contact details.

1.3 climate and clothing recommendations.

1.4 any important details relevant to a particular site that we may visit;

3.16 All details provided are subject to the qualifications contained within the information pack and the Terms and Conditions. In addition and particular the following general terms are identified:

3.16.1 Your Hajj and Umrah package with FlyUni LTD shall consist of Your visa, accommodation, flights to and from Saudi Arabia and group transport within Saudi Arabia, as well as such other services as are outlined in Your Booking Form or advertised by different means. The purpose of these services is to allow You to complete the holy pilgrimage of Hajj and Umrah in Saudi Arabia and as such You accept that there are material aspects of the services provided which are distinct in standard from a normal package or leisure holiday. We provide the package within a specific field of activity – namely the provision of Hajj and Umrah Pilgrimage services – and are committed to maintaining both the honest market practices and general principles of good faith that exist within this field.

3.16.2 Laws, standards, culture and attitudes are different in many countries from what You reasonable expect at home or otherwise. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than You are used to or which you expected.

3.16.3 We do not make any representation or commitment that all services will comply with the applicable local laws and regulations and failure to comply does not automatically mean We or the service supplier has not exercised reasonable skill and care.

3.16.4 We will only be responsible for what Our employees do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do. Please note that hotel staff, cleaners, transport driver, Mu’alim staff, hajj ministry staff, airport staff etc or not Our employees.

3.16.5 Hajj Visa

a) As part of the Services, We will apply to the Saudi Embassy for the Hajj and Umrah visa to enter Saudi Arabia for the Hajj and Umrah pilgrimage. The Hajj and Umrah visa is issued by the Saudi Embassy. It is Our responsibility to ensure that Your passports are prepared, processed and submitted correctly at the required time. If, after submission, the Saudi Embassy delays releasing the passports, or does not issue a Hajj or Umrah Visa for You, or misplace the passport, We shall attempt to resolve the problem. However We cannot take responsibility for the action of the Embassy or other parties that are outside of Our control. Please note that We have a limited number of visas for which We are permitted to apply and once We have met Our quota, no further visas can be issued. Once issued, the Hajj visa cannot be re-issued in the event of loss or damage and it cannot be transferred to another person in any circumstances. It is Your responsibility to check You fulfil the passport, visa, health and immigration requirements applicable to the Services and required for the issuing of the visa. We accept no responsibility for any visa application delayed or rejected by the Saudi Embassy. You must check the requirements for Your own specific circumstances.

b) 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.

c) Due to the nature of this journey please be advised The Kingdom of Saudi Arabia Law does not allow entry to Non-Muslims into Makkah or Medina and such persons will not be granted a Hajj or Umrah Visa.

d) A non-Muslim can be defined as: Any person who does not believe in the ABSOLUTE and UNQUALIFIED FINALITY of the Prophet hood of Mohammad (peace and blessing be upon him), or claims to be a prophet of Islam or recognises any such claimant as a prophet of Islam although the definition is a matter of interpretation by the Hajj Ministry.

e) Please note it is illegal to provide any false details to obtain the visa. If You provide false information, documents or passports in support of Your visa application, You will be refused a visa and all future applications may be refused. Your attempts to abuse the immigration system may be reported to the relevant authorities.

3.16.6 Travel to/from journey Sites and Itinerary

a) Upon arrival at Jeddah/Medina airport in the Kingdom of Saudi Arabia You acknowledge that You may experience significant delays in clearing immigration. You may have to wait and sit in the waiting lounge for a long time before going through to the immigration desk. These delays are outside of Our control and We cannot be held liable for any costs occurred as a result of such delays.

b) After clearing immigration and exiting from the airport with Your luggage You will be asked to hand over the Hajj draft to Saudi Authorities for the on-going transport and Hajj services. The Saudi authorities in return will put stickers of transport and Hajj services on Your passports whom We have paid on your behalf. You are asked to stay with Your group at all times when travelling unless instructed otherwise by Your group leader or the Saudi authorities. All messages and documentation will be communicated to You through Your group leader. Before being allowed access onto the buses provided by the Hajj Ministry, You (or your group leader on your behalf) may be required to surrender Your passports to the Saudi authorities. Please note that this is a stipulation of the Ministry of Hajj and it is not something over which We have any control. We cannot accept liability for any loss or damage to Your passport whilst it is in the possession of the Hajj Ministry. You accept that failure to provide Your passport to the authorities when requested to do so will mean that You will not be allowed access to the buses to continue on Your journey. We cannot accept any liability in these circumstances and no refunds or payment of any kind shall be given.

c) All transport to and from airports and between sites on the journey is provided by, controlled and overseen by the Ministry of Hajj unless expressly stated otherwise. We have no control over the timing and nature of the transport provided. Transport might be delayed or changed at little or no notice and You accept that We have no control over such delays or changes nor can We accept any liability for such amendments. The itinerary provided by Us is subject to the provision of transport by the Ministry of Hajj. Furthermore by accepting these Terms and Conditions You acknowledge that Saudi Arabia is a developing country and its infrastructure may not be as advanced as You may be used to in the UK or otherwise. It remains Your responsibility to ensure that Your luggage is loaded and unloaded from the Ministry of Hajj buses, and We cannot accept any responsibility for loss or damage to Your luggage whilst it is transported on these buses.

d) Your itinerary will be governed by the Islamic calendar, the Saudi authorities and the Ministry of Hajj. Therefore Your itinerary is subject to change at all times and You accept that we cannot accept any liability in these circumstances. Furthermore, due to the nature of the Hajj pilgrimage, Your itinerary is on a very tight schedule and You must ensure that You are at all departure points at the time specified on Your itinerary or according to announcements in order to commence the next stage of the pilgrimage. Failure to be present at the departure points by the time specified on the itinerary means that the group may leave without You. We cannot accept any liability for this.

3.16.7 Accommodation

a) Due to the large number of pilgrims in Saudi Arabia for the Hajj and Umrah pilgrimage, the cities and towns are overcrowded. This has a significant effect on the public services, transport and accommodation within the country. You accept that the Services are at all times dependent on the Hajj Ministry and Saudi Arabian authorities over which We have no control. All accommodation is shared and is of basic yet functional economy buildings (unless otherwise agreed in writing); star rating is provided by the hotels according to the Saudi Ministry of Trade standards and is quoted for guidance only; these are Saudi rated accommodations which is likely not in accordance with British rating equivalents. Accommodation within the holy cities at this time is in such high demand and as a result all accommodation is shared and rooms for single occupancy are not available. If You wish to share accommodation with Your husband, wife or family, You must make a special request for this at the time of booking and, if available, a supplement will be payable. Otherwise, all accommodation is segregated and communal and whilst We will make efforts to place You with the group in which You are travelling We cannot make any guarantees about this and accept no liability in the event You’re not placed in the same accommodation.

b) During the Hajj season hotel rooms are reconfigured to support increased occupancy. Rooms which would normally be configured as double, triple and quad rooms outside the Hajj season may be used as triple, quad or quant/quint (4/5/6 person) rooms during Hajj season. You acknowledge that accommodation may be of a lower standard and more congested than that expected against British standards or Saudi standards outside the period of Hajj and Ramadan pilgrimage.

3.16.8 Flights

a) We are responsible for arranging each client’s confirmed international air ticket for Hajj or Umrah. We cannot accept any liability for any cancellations, changes and delay in Your flights to or from the UK whether the cancellation, change or delay is caused by adverse weather conditions, rescheduling of times by the airline, authorities and/or the action of air traffic controllers, mechanical breakdown, strike or action, industrial action or otherwise.

b) We accept no liability for any lost/damage luggage, or charges for excess luggage. If luggage is lost by the airline, the passenger must pursue the airline for compensation by contacting the airline’s baggage service at the point of loss. Baggage tags must also be retained for this purpose.

c) Once a flight reservation has been confirmed, the payment becomes fully non-refundable.

d) Should any passenger(s); family or group fail to arrive at the departure point or at airport on time or fails to enter the aeroplane after checking in, We take no responsibility of any loss, charges or damages.

3.17 Hajj and Umrah journey may not be enjoyable. In addition, no pleasure is in this journey may be gained.

3.18 We use reasonable endeavours to perform Hajj and Umrah according to the Sunnah. However, We cannot be liable for any failure to do so as We are bond/limited by Hajj ministry and timings and space.

3.19. All meetings, lectures and announcements will be delivered in English or Urdu language.

3.20 If you wish to make any change to Your arrangements following Confirmation of Booking each amendment will incur of a fee of £150 per person per change plus difference of fare as per your required date. Any additional charges passed on to us by airlines or other suppliers will be added to this amount.

3.21 You agree to ensure that every person named for booking agrees to be bound by the agreement incorporating these Terms and Conditions as if they were a party to the agreement. In particular You agree to insure that each person agrees to be bound by the exclusions and limitations of liability set out in clause 13 liability.

4. Travel documentation

4.1. We are responsible for providing the package as detailed on the Confirmation of Booking. We endeavour to ensure that Our work is accurate. However, it is Your responsibility to ensure that all details on the Confirmation of Booking and any other documentation that We send or give 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 so may prevent You from participating in the journey.

4.2. Travel documents will be issued in the following ways:

4.2.1 Collection by You from Our office or at the Pre-Hajj and Umrah seminar to which all participants are invited to attend;

4.2.2 Sent by post to Your address by special delivery; or

4.2.3 Collected at the airport in exceptional circumstances only where passports are handed to Us very late due to You or any persons travelling in Your party travelling prior to the journey or the embassy delaying visa very late due to a variety of reasons.

4.3 No travel documents will be issued until the full and final payment has been received.

4.4 Where documents are sent by post pursuant to clause 4.2.2 they are sent at Your risk and We cannot be liable for items lost or delayed in the post.

4.5 Unused or part used air tickets are returned to the airline for authorisation and calculation of any refund due. 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 45 days in total but most of the Hajj tickets are non-refundable/non-changeable. Please be informed that We do not refund the amount paid for the original or any other documentation unless refund is given to Us.

5. Price and Payment

5.1 The deposit which is NON-REFUNDABLE is due and payable at the time of submitting the Booking Form. The exact amount of the deposit will be as detailed in the Brochure. Where no such amount is specified, We will advise You of the exact amount of the deposit when We send You a Booking Form. Otherwise We confirm that £1000 is the minimum amount that is not refundable.

5. 2 The balance of the price is due and payable ten weeks before the date of departure.

5.3 Where You submit the Booking Form less than ten 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.

5.4 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.

5.5 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.

5.6 Payments can be made by the following methods:

5.6.1 Cheque made payable to “FlyUni LTD”. Please allow 7 working days for the cheque to clear.

5.6.2 Cash; please contact us for an appointment.

5.6.3 Bank transfer; FlyUni LTD, Barclays Bank Sort code: 20-80-57 A/c no.: 23552632.

5.7 Payments shall not be deemed to have been received until it is received in cleared funds.

5.8 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 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 customer 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.

5.9 It is possible that circumstances may arise that cause the price of the trip to increase or decrease. We may alter the price and inform you of the reasons. However, this is not everyday practice.

5.10 The price of your travel arrangements has been calculated using exchange rates quoted by Barclays Bank in relation to the following currencies: Saudi Riyal/£GBP.

5.11 The price of your confirmed package is subject at all times to variations in:

5.11.1 Transportation costs, including the cost of fuel; or

5.11.2 Dues, taxes or fees chargeable for services such as landing taxes or

5.11.3 Embarkation or disembarkation fees at ports and airports; or

5.11.4 The exchange rates used to calculate your arrangements;

5.11.5 Any additional fees or taxes imposed by Saudi Government will be passed fully to You.

5.12 Such variations could include but are not limited to airline cost changes which are part of Our contracts with airlines (and their agents) and any other transport providers. 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 charge 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.

5.13 If any variation in price 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 cancelling and receiving a full refund of all money 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. We will consider an appropriate refund of insurance premiums paid if You can show that You are unable to transfer or reuse Your policy.

5.14 There will be no change made to the price of Your confirmed package within 30 days of Your departure nor will refunds be paid during this period.

5.15 Should the price of Your package go down due to the changes mentioned above, by more than 2% of your confirmed journey 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

5.16 We only provide packages to Hajj and Umrah journey, any other packages are not protected by Us nor do we charge you for it.

5.17 Your Financial Protection – Security in the event of Insolvency:

We provide financial security for flight inclusive Hajj and Umrah packages and flights under the ATOL scheme, granted by the CAA. Our ATOL number is (10205). When You buy an ATOL protected flight or flight inclusive package 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. For further information, visit the ATOL website at www.atol.org.uk.

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.

5.18 If you book arrangements other than an ATOL protected flight or flight inclusive package from Us, Your money will not be financially protected. Please ask us for further details.

Visa Applications

6.1 We will organise Your Hajj and Umrah visa application of any person travelling in your party and named in the Confirmation of Booking. You will offer us all assistance that we require in obtaining the visa in good time for the date of departure. The Hajj visa will be issued by FlyUni LTD.

6.2 In particular You will provide Us with the following items in respect of You and each person travelling in Your party upon Our request by any deadline that We stipulate (at least 6 weeks before departure unless agreed otherwise):-

6.2.1 Passports. 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 passports will only be granted a visa if a photo of the child has also been endorsed on the passport by the Passport Office.

6.2.2 Four colour passport size photographs (must have white background);

6.2.3 A completed and signed Hajj visa application form and contract.

6.2.4 A valid meningitis (ACWY) immunisation certificate.

6.2.5 A completed Mahram relationship declaration (for females and children under 16 years of age only)

6.3 We strongly recommend that You arrange for insurance in respect of postage of the above documentations as We cannot be liable for any documents lost either in the post or during the visa application process unless such loss arises from Our negligence.

6.4 We cannot guarantee that a visa application will be granted and cannot be liable for any refusal unless such refusal arises from our negligence. If the visa is refused, We cannot be held responsible for any consequential lost, e.g. loss of deposit, unpaid leave etc.

7. Amendments and cancellation

7.1 If You wish to make any change to Your arrangements between the Confirmation of Booking and departure You must inform Us in writing as soon as possible. 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, each amendment will incur a fee of £150 per person. Any additional charges passed on to Us by airlines or other suppliers will be added to this amount. 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 unable to travel for whatever reason it may not be possible to transfer Your booking to another person.

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.

If You Cancel

7.2 If You decided that You wish to cancel Your booking or change any element of the package 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 journey. Only the person who made a booking may cancel a booking, those who are 18 years old or above have to contact us directly.

»7.2.1 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 or special 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):

a) Before issuance of Visa

i. The day of booking to 90 days before the date of departure 10% of the package price;

ii. 42-89 days before the date of departure: 30% of the package price cost;

iii. 29-42 days before the date of departure 60% of the package price cost;

iv. 14-29 days before the date of departure 80% of the package price cost;

v. 0-14 Days before the date of departure 95% of the package cost.

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.

b) After issuance of Visa

i. Please note that once visas have been issued, no refunds can be issued in the event you cancel your arrangements.

ii. We will deduct the cancellation charge(s) from any money You have already paid to Us.

iii. If the reason for Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim these charges from Your insurance company.

MPORTANT NOTE: Visas are non-transferable and We only have a limited quota of visas for which We can apply. Once We have met Our quota of visa applications, We will not be able to apply for any further visas, regardless of the circumstances. Due to the laws and regulations of Saudi Arabia, women are unable to travel to Saudi Arabia on their own and must at all times be accompanied by a male companion who is the woman’s husband, brother, son or father. In the event that, after the issuance of visas, the named male on any booking is unable to travel, because visas cannot be transferred after they have been issued, the entire booking will be treated as cancelled and no refund shall be given. For this reason We will wait as long as We can before issuing the visas for your group in order to reduce the risk of this happening. If, before the visa is issued, the male member of the group has to cancel, if his place can be transferred to another male who meets all necessary requirements, We may be able to transfer the place (subject to payment of all additional sums and his satisfying any visa application requirements). However once the visa has been issued, it cannot be transferred and due to the limited number of visas being issued, we will not be able to apply for another visa and therefore the entire group booking will have to be cancelled. Due to the late nature of this cancellation, no refunds will be possible.

7.3 Where You cancel the package prior to payment of balance the deposit of £1000 is lost.

7.4 Where You cancel the package after payment of balance, You will lose Your deposit of £1000.

7.5 Where You cancel the package or any part of it we recommend You check the terms of any insurance policy You purchased as You may be covered by the terms of such policy. You may be covered by Your insurance policy.

7.6 We will advise You of the exact amount of any cancellation fees before finalising the cancellation particularly if Your visas and air ticket of Hajj and Umrah was issued.

7. 7 If circumstances force You to leave the Hajj or Umrah journey early, you will have to bear any additional costs resulting from early departure yourself.

If we Change or Cancel

7.8 We hope that We will not have to cancel or make any changes to the Hajj or Umrah journey but, because aspects of the Hajj and Umrah are reliant on the Hajj Ministry (among other variables), We sometimes do need to make changes or cancellations. We reserve the right to do this at any time.

7.8.1 Whilst We reserve the right in any circumstances to cancel the Hajj and Umrah journey 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.

7.8.2 Most alterations will be minor and, while We will do our best to notify You or Your party of any changes as soon as reasonably possible if there is time before Your departure, We will have no other liability to You. If such alternations occur during a journey We will attempt to make alternative arrangements so as to comply as closely as possible to the description of the journey in our brochure or otherwise advertised.

7.8.3 We are not liable to pay You any additional travel or any other costs, expenses or losses which You incur as a result of any change or cancellation by Us, such as changes to times of connecting flights or other travel arrangements.

7.8.4 We are not liable to You in any circumstances for loss or damage (including loss of your journey) resulting from unusual and/or unforeseeable circumstances which may arise and/or are beyond Our control or the consequences of which could not have been avoided even with all due care

7.8.5 Due to the large number of pilgrims, delays and queues are expected in Saudi Arabia. Times that We have provided are provisional and tentative and it should be expected that delays may occur from time to time. You are requested to abide by the times provided by Your appointed group leader as that would override printed times. We reserve the right to change departure times if necessary or dictated by Saudi Arabian authorities but will inform You of the changes made. Date changes are rare and usually results from bad weather conditions, rescheduling times by the airlines, action by air traffic controllers, mechanical fault or industrial actions, all of which are beyond our control.

7.8.6 Occasionally We may have to make a major change to Your confirmed Services. 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:

a) (for major changes) accepting the changed arrangements,

b) Having a refund of all money paid; or

c) 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).

7.8.7 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 as identified by Us.

7.8.8 If We make a major change or cancel, less than 60 days before departure, and this is not due to a Force Majeure Event or Your failure to make payment on time, we will also pay compensation as detailed below:

a) Period before departure when a major change/cancellation is notified.

i. 60 days or more 0.00.

ii. 25-59 days £25.00.

iii. 15-28 days £35.00.

iv. 07-14 days £40.00.

v. Less than 07 days £50.00.

7.8.9 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.

7.8.10 Very rarely, We may be forced by “force majeure” (see clause 20) to change or terminate your arrangements after departure. If this situation does occur, We regret We will be unable to make any refunds (unless We obtain any from Our suppliers), pay You compensation or meet any costs or expenses You incur as a result.

7.8.11 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.

7.8.12 You agree that all these provisions are reasonable.

8. Time and Routes

8.1 It is not possible for You to alter the routing of Your air ticket after the Confirmation of Booking has been issued. The timing of the flights and any eternal transportation are estimate only. Various factors may affect any timing given including adverse weather conditions, delay at check in, operational problem and airline procedures and We cannot guarantee that the departure times and duration of the journey will be accurate or as expected.

8.2 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 incoming flights, any internal transportation and any excursions organised during Hajj or Umrah.

8.3 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 the airline or visit the concerned airline’s website.

8.3.1 Please check on the airline website for the latest requirements of luggage.

9. Data protection

9.1 The personal information that You provide to Us in connection with the booking of the package will be treated confidentially by Us. We will use Your information in order to discharge Our obligations under the Agreement. In doing so we may need to supply Your personal details and the personal details of persons named in the Confirmation of Booking to third parties supplying a particular component of the journey and/or public authorities such as customs and immigration. Such information may include details of a sensitive personal nature. By submitting the Booking Form or by giving us your personal details over the phone.

9.1.1 You consent for Us to use Your personal information and allow others to access it for the purpose of discharging our obligations under the Agreement.

9.1.2 You acknowledge that each person named on the Booking Form has consented (or in the case of a person under the age of 18 years old, the parent or guardian of such person has consented) to Us using their personal information and allowing others to access it for the purpose of discharging Our obligations under the Agreement.

9.2 We may also use the personal details that You provide to Us for the following additional Purposes:

9.2.1 So we can contact You or persons named in the Confirmation of Booking (weather by post, telephone, text message or electronic mail) with details of products, services or any other information that we believe may be of interest to you.

9.2.2 For research and statistical purposes. Please note that the information we produce for these purposes will not include any details that could be used to identify You.

9.3 If You do not wish to be contacted about products, services or other information that may be of interest to You please let Us know in writing.

9.4 Where information is given to a third party the information will be subject to that organisation’s privacy and data protection policy. If You wish to have sight of such policies, We will use reasonable endeavours to obtain a copy for You subject to payment of a small administrative charge, the exact amount to be advised at the time of making the request. Please note that some third party suppliers may be based outside the European Community where data protection requirements may be less onerous.

10. Insurance

10.1 We are legally obliged to advise You to take out adequate travel insurance and it is a condition of booking the Hajj that You take out appropriate travel insurance. Travel insurance is not included as part of Your Hajj and umrah package and it remains Your responsibility to purchase travel insurance separately. You must be satisfied that Your insurance fully covers all Your personal requirements including cancellation charges, medical expenses, pre-existing medical conditions and repatriation in the event of accident or illness. Cover should be obtained not only against normal travel risks, but against additional risks appropriate to the destination country. In particular, local road transport insurance may be inadequate, so You should check that Your cover includes accidents happening whilst you are a passenger in a vehicle. If You choose to travel without adequate insurance cover, You do so entirely at your own risk and we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. If You require details of an insurance provider please Contact Us.

11. Accuracy

11.1 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.

12. Conditions of Suppliers

12.1 You acknowledge that certain parts of the journey will be provided to You by third party suppliers, for example certain transport and accommodation, (“Third Party Services”). Such Third Party Services include, but are not limited to, all transport within Saudi Arabia and the quality and location of and the accommodation provided by any tents, all of which are provided and controlled by the Saudi Arabian Hajj Ministry. These Third Party Services may be provided 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.

13.Your Behaviour

13.1 All persons travelling with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other travellers. If in our opinion or in the opinion of any our suppliers, representatives, agents 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 other travellers, 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, and you will be responsible for making your own way home. 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 supplier concerned prior to departure. 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.

15. Disabilities and Medical Problems

15.1 We are not a specialist disabled travel 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 in writing before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. You are required to contact your Doctor and to check if you are fit enough to embark on this journey. If any pilgrims have not given enough details with regards to his/her health conditions, we hold the right cancel the booking at any time and impose applicable cancellation charges when we become aware of these details.

16. Complaints

16.1 If you have a complaint about your arrangements whilst away, you must immediately notify your group leader. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away and we will endeavour to assist. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or informing us, then we may not be able to deal positively with any complaint on your return.

16.2 If the problem cannot be resolved and you wish to complain further you must send formal written notice of your complaint to us at the address set out next to the definition of “We”, “Us” or “Our” within 14 days of your return quoting your booking reference and all other relevant information and documentation. 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.

17. Our Liability to You

17.1 This clause 17 sets out our liability (to you including any liability for the Acts and omissions of employees) in respect of:

17.1.1 The package or the journey;

17.1.2 Any breach of our contractual obligations arising pursuant to these term and conditions.

17.1.3 Any representation, statement or tortuous act or omission including any negligence.

17.2 We will accept responsibility for the arrangements we agree in writing 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 and 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 journey. 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.

17.3 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:-

a) the act(s) and/or omission(s) of the person(s) affected;

b) 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

c) 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.

17.4 We limit the amount of compensation we may have to pay you if we are found liable under this clause:

17.4.1 loss of and/or damage to any luggage or personal possessions and money:

a) 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.

17.4.2 Claims not falling under (a) above and which don’t involve injury, illness or death:

a) The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. 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.

17.4.3 Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

a) 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.

b) 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.

17.5 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.

17.6 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.

17.7 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.

17.8 Please note we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

17.8.1 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 relate to any business.

17.9 You must tell us of any problem you experience at the earliest opportunity and in any event of the time limits set out in this clause 17. If the problem is with regard to a supplier of any component of the tour/package who is not a party to the agreement that 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.

17.10 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). We will not be liable to you under this clause 13.4 where the event of liability arises from any of the following:

17.10.1 The circumstances leading to or causing the event of liability are attributable to you or any person named in the confirmation of booking;

17.10.2 Such failures are attributable to a third party unconnected with the provision of the journey, and are unforeseeable or unavoidable;

17.10.3 such event of liability arises out of or in connection with unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised or arises out of or in connection with an event which we or one of our third party suppliers (as applicable), even with all due care, could not foresee or forestall.

17.11 Subject to clause 17.3, 17.4 and 17.6 in all other cases our total liability to you in respect of all claims, losses, damages, costs, charges, expenses, liabilities, demands, proceedings and actions (whether arising in contract, negligence, breach of statutory duty or otherwise) shall not exceed 100 % of the sums paid in respect of each person named in the confirmation booking in respect of whom the loss is alleged.

17.12 Under no circumstances shall we be liable to you for any type of loss of any measure of pilgrim or loss of any nature whatsoever that does not flow directly and naturally from the event of liability even if such loss was reasonably foreseeable or the possibility of it being incurred had been advised.

18. Other Activities

18.1 Excursions or other activities that you may choose to book or pay for whilst you are abroad are not part of your contracted arrangements with us. For any excursion or other activity that you book, your contract will be with the operator of the excursion or activity and not with us. We are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.

19. Notices and Communications

19.1 If you need to contact us for any reason, written correspondence should be sent by first class post to the address set out at the definition of “We” “Us” or Our”. If you would prefer to contact us by fax or by email please contact us for the relevant number and address.

19.2 If we need to contact You, We contact You via first class post or by telephone using the address and/or phone number that You specify in the Booking Form. Where either Party contacts the other via post, the correspondence shall be deemed to have been given two days after the date of posting. Where We contact you by telephone, the communication shall be deemed to have been given at the time when the telephone call was made.

20. Events Beyond our Control

We cannot pay any compensation, reimburse expenses, or cover any losses of any amount or otherwise accept responsibility if, as a result of events beyond our control, we have to change your package after booking, or we, or our suppliers, cannot supply your package, as we, or they, had agreed, or you suffer any loss or damages of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care.

20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

20.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (but not limited to), the following:

20.2.1 Hajj Ministry Instructions directly impacting on travel, accommodation or pilgrimage sites.

20.2.2 Strikes, lock-outs or other industrial action; or

20.2.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

20.2.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

20.2.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

20.2.6 Impossibility of the use of public or private telecommunications networks.

20.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

21. Delays and missed Transport Arrangements

21.1 If you or any member of your party misses 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.

21.2 The Package Travel Regulations 1992 provide that in the event that You experience difficulty on the occurrence of circumstances described in clauses 17 (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.

21.3 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.

21.4 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).

21.5 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 prior to 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.

21.6 Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.

22. Disclaimer regarding Audio/Video recording of pilgrims.

22.1 During our trip; photography, video and audio recording will occur.

22.2 By joining Our group, You consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on web sites, or for any other purpose(s) that FlyUni LTD, 13 High Road, London NW10 2TE, its vendors, partners, affiliates and/or representatives deems fit to use.

22.3 You release FlyUni LTD, 13 High Road, London NW10 2TE, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.

22.4 By joining our group, You waive all rights You may have to any claims for payment or royalties in connection with any exhibition, streaming, web-casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web-casting or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by FlyUni LTD, 13 High Road, London NW10 2TE or the person or entity designated to do so by FlyUni LTD, 13 High Road, London NW10 2TE. You have been fully informed of your consent, waiver of liability, and release before joining our group.

23. General

23.1 No waiver or amendment of any provision of the agreement shall be effective unless made in writing signed by both parties. The waiver by either party of a breach or default of any of the provisions of this agreement by the other shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have under the agreement operate as a waiver of any breach or default by the other party.

23.2 The rights and obligations in this agreement are personal to You and You are not entitled to assign or otherwise transfer any of Your rights or obligations under the agreement.

23.3 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.

23.4 It is Our intention that the Agreement (together with any documents referred to or executed under it including these Terms and Conditions and the Confirmation of Booking) and any specific terms confirmed and agreed in writing between the Parties constitutes the entire understanding between the Parties concerning the subject matter of the Agreement. In entering into the Agreement, You should not rely on any statements, promises or 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.

23.5 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.

23.6 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.

24. Hijri Calendar

24.1 The itineraries for all of our packages have been prepared in accordance with the published Saudi Arabian calendar. If due to the actual sighting of the moon the dates for Hajj are adjusted, we will be forced to change the itinerary accordingly by one or two days. Emergency alternative accommodation and transportation arrangements will be made. However, these may be of a lower standard than the package that you have booked and we cannot be held liable for this.

Foreign & Commonwealth Office (FCO) Advise (2014)

Health: the Saudi ministry of Health has established 21 hospitals to provide health care to pilgrims free of charge. Ensure that all pilgrims have been vaccinated with the qudrivalent meningococcal vaccine (ACWY) and that you have a valid vaccination certificate. The FCO strongly recommend that all pilgrims have a seasonal influenza vaccination prior to departure. Consult your GP for more information.