Hajj Terms And Conditions Agreement
Please read carefully and understand the following Terms and Conditions before applying for your Hajj package with Adam Travel Australia. All bookings made via Participating Websites or with Adam Travel directly or indirectly are made subject to these terms and conditions and the person making the booking will be deemed to have accepted these Terms and Conditions.
WHEREAS, Adam Travel Pty Ltd (“Adam Travel” or “us”) of 347 Sydney Road, COBURG, VIC 3044, its officers, director, employees, servants and volunteers, is in the business of providing Hajj services and assisting Hajj Pilgrims to perform their Hajj Pilgrimage in Saudi Arabia ("Services");
AND WHEREAS (the “Customer” or “you” or “I”) are entering into a legally binding agreement with Adam Travel to provide you with the Services;
These terms and conditions agreement applies to all Adam Travel’s Hajj packages, in addition and without prejudice, to other specific conditions which may apply to particular Hajj packages. The Terms and Conditions Agreement – as defined below - apply to our services, directly or indirectly made available to you through whatever means, including online reservations.
The following constitutes a contractual agreement between Adam Travel Pty Ltd, hereinafter referred to as Adam Travel or us, and the purchaser of any of our Hajj packages, and hereinafter referred to as “Customer or You or I.” Acceptance of such agreement can be accomplished through a written signature on Terms and Conditions Agreement, or by submitting the Terms and Conditions Agreement online, which is purchased by one or more of Adam Travel Hajj packages. By purchasing a Hajj package or signing online our Terms and Conditions Agreement customer warrants:
The Terms and Conditions Agreement – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise.
Reservation and Deposit Fees:
- A deposit of $3,500.00 per person is required at the time of more than 150 days prior to departure for booking to secure your reservation. Your booking is not confirmed until the deposit is received by Adam Travel and you receive written confirmation of your booking from Adam Travel.
- Progress payment of 45% of full payments at time of more than 120 days prior to departure
- Progress payment of 55% of full payments at time of more than 110 days prior to departure
- Progress payment of 65% of full payments at time of more than 100 days prior to departure
- Progress payment of 75% of full payments at time of more than 90 days prior to departure
- Progress payment of 85% of full payments at time of more than 80 days prior to departure
- Full payment required 70 days prior to departure
- Note: if any Customer makes a payment for Hajj reservation at the time of 150 days or less prior to departure, Customer must include any progress payments according to the above time schedule of progress payment.
- Any progress payment, it will be delayed more than 14 days from the due date, the booking will be cancelled automatic. This cancellation will be governed by the item of Cancellations (whether refund to client or the client pay to Adam Travel) which it has mentioned in the Terms and Conditions Agreement.
- Cancellation received in writing 150 days or less prior to departure will be subject to non-refund (Nil Refund) of full the deposit paid.
- Cancellation received in writing 120 days or less than 150 days prior to departure will be subject to no-refund of 40% of full package price plus the deposit paid. A 40% cancellation fee will apply and you will be required to pay to Adam Travel 40% of the full amount of your booking less any amount which you have already paid.
- Cancellation received in writing 100 days or less than 120 days prior to departure will be subject to no-refund of 50% of full package price plus the deposit paid. A 50% cancellation fee will apply and you will be required to pay to Adam Travel 50% of the full amount of your booking less any amount which you have already paid.
- Cancellation received in writing 90 days or less than 100 days prior to departure will be subject to no-refund of 70% of full package price plus the deposit paid. A 70% cancellation fee will apply and you will be required to pay to Adam Travel 70% of the full amount of your booking less any amount which you have already paid.
- Cancellation received in writing 80 days or less than 90 days prior to departure will be subject to no-refund of 80% of full package price plus the deposit paid. A 80% cancellation fee will apply and you will be required to pay to Adam Travel 80% of the full amount of your booking less any amount which you have already paid.
- Cancellation received in writing 70 days or less than 80 days prior to departure will be subject to non-refund (Nil Refund) of full package price (full payment). A 100% cancellation fee will apply and you will be required to pay to Adam Travel the full amount of your booking less any amount which you have already paid.
- If a booking is cancelled any non-refundable deposit or payment which you have paid will not be refunded and additional cancellation charges may apply under this Terms and Conditions Agreement.
Hajj Packages DO NOT include:
- Hajj cheque fee paid to the Unified Agent Office (about $450 approx.)
- Cost of Zabiha / Sacrifice (about $180).
Important notices and conditions for all Hajj packages:
- Prices are based on travel from Melbourne International Airport.
- Any additional charges related to stopover as requested by the client to other destinations other than Saudi Arabia, will be borne and paid by the client.
- Prices are based on airline fuel charge of October 2015. Clients are responsible for any major fuel surcharge.
- If the client would like to book a Quad, Triple or Double room, Client must have all numbers of persons who will be sharing and occupying the room in the submitted registration form. Adam Travel will assist the client to find another person or persons sharing the same category of the requested room (Quad, Triple or Double). In the case of Adam Travel not finding the person or persons sharing the same category of the client, the client must pay the full cost of the room that the client has selected in the registration form or client may change his category of room to another category (Quad, Triple, Double, Single room) and the balance of the cost as a result of an upgrade or change of room from one category to another category will be bearable and paid by the client.
- Adam Travel has the right at any time during the Hajj season (before the arrival to Saudi Arabia) to change or replace any booking of a room or a hotel or airline, but must be matched or similar to the room or the hotel as mentioned on each Hajj package which is published on the website of Adam Travel Australia and according to the Registration Form and the Terms and Condition Agreement which is completed and submitted by the client.
- The above Hajj package prices are calculated on 12th October 2016, as per the exchange rate of the Reserve Bank of Australia of Australian Dollar v/s USA Dollar (AU$1. 00 = US$0. 7332). Those prices of hajj package are subject to any changes (Down or Up) according to the rate of exchange on the day of 60 days prior to departure as the following:
- In case the rate of Australian Dollars goes up, Adam Travel will refund to the client the amount of difference between the exchange rate at the time of published the Hajj package on the website (12th October 2016) and the exchange rate on the day of 60 days prior to departure
- In case the rate of Australian Dollars goes down, the client will pay to Adam Travel the amount of difference between the exchange rate at the time of published the Hajj package on website (12th October 2016) and exchange rate on the day of 60 days prior to departure.
- Prices are based on the cost per ticket $2,000.00/ client (Melbourne-Madinah/Jeddah-Melbourne), any increase in price per ticket by airlines at the time of confirmation the ticket, will be borne and paid by the client.
- The earliest check in hotels at 04:00 PM. If the client request extra night in any hotel, In case of arriving early, according to the name of airlines and/or the availability of seats, this cost will be paid by the client.
- The latest check out hotels at 12:00 PM. If the client request extra night in any hotel, In case of departure lately, according to the name of airlines and/or the availability of seats, this cost will be paid by the client.
- The courier cost for sending and receiving the client’s passport and documents to the Saudi embassy in Canberra will be borne and paid by the client.
- Adam Travel is not responsible for any lost or stolen luggage or personal items for the durations any of our packages. It is the customer’s responsibility to take care of all personal and valuable items at all times. Adam Travel recommends customer purchase insurance to protect themselves should such a situation arise. Adam Travel is not responsible to transport or oversee the transportation of customer’s luggage.
- You will usually be permitted a free checked baggage allowance and a free cabin baggage allowance, the limits of which may differ by airline, class and/or route. The amount of checked baggage you are allowed depends on your class of travel/destination. Several leading carriers have now introduced additional charges for checked baggage on either a piece or weight basis. Please ask the airline for more specific information as these rules vary from time to time.
- It is your responsibility to arrange holiday insurance that is suitable for your needs, before you travel. It is also your responsibility to take your insurance policy documentation with you when travelling.
In order to make your Hajj application please ensures the following items have been submitted:
- Valid passport for at least six months with 4 empty pages.
- Six passport size photos (white background).
- Permanent residents must have resided in Australia/New Zealand for no less than 3 years.
- Permanent residents, please submit copy of your driving licence.
2. Booking/Registration Forms:
- Must completed Adam Travel Hajj Terms and Conditions Agreement Form.
- Must completed Adam Travel Package Registration Form.
(Double Price means when 2 people are sharing one room, Triple Price means when 3 people are sharing one room and Quad Price means when 4 people sharing one room)
3. Visa Application form:
- Completed Saudi Arabia visa application Form.
4. Medical Certificate:
- Original certificate of Vaccination for Meningitis (ACYW 135).
- Original certificate of Seasonal Flu vaccine.
- Women, widows and aged persons traveling without Mahram and wishing to perform Hajj with a group, must be over 45 years of age.
- Women under 45 must be accompanied by Mahram and provide appropriate identification to show relationship with their Mahram and Certificate from any recognized Islamic Society/Centre confirming the above and must be duly certified by Police.
- A Mahram must be at least 15 years of age.
7. Other Documents:
- Proof of Conversion to Islam/Status in Islam, Muslims with "non-Islamic names" must obtain written proof of their Islamic faith from the director of their mosque or Islamic center.
- Copy of Marriage Certificate or any Certificate identifying the relationship for women and must be duly certified by Police.
- Copy of Birth Certificates for Brothers/Sisters traveling identifying relationship as per parents names and must be duly certified by Police.
- Copy of Birth Certificate as proof of age must accompany all children’s applications below 18 years old and must be duly certified by Police.
- Prepaid self-addressed Courier Bag or Australian Express post Platinum envelope (Maximum Weight of no less than 500g, Maximum Thickness 20mm) for us to return your Passport and other documents in relation to your travel. Alternative arrangements of returning your documents can be made at your own expense.
INFANT AND CHILD POLICY:
- Children 10 years and over will be considered as an adult, and he will be charged full amount of Package cost.
- Children under 10 years and above 2 years will subtract 25% from the above price and also the price may be amended according to the rules of Hotel and Airlines.
- For children under 2 years $1,000 will be charged for visa fees, document processing plus infant flight.
Processing of Application:
- All documents are thoroughly checked by Adam Travel, to ensure that all the requirements are complied with. We will forward and hand deliver to the Embassy of Saudi Arabia in Canberra for assessment and processing of visa.
- Processing normally starts One (1) month prior to departure date, unless otherwise advised by the Embassy for another time processing. We are responsible for the submitting of your visa application.
- Adam Travel will follow-up with the Embassy on your behalf.
- In the event of any or further documentation be needed in the course of visa processing, Adam Travel will advise you accordingly.
- As Adam Travel has a large volume of pilgrims and documents to process, please assist and cooperate with us by keeping your contact to URGENT MATTERS ONLY until processing is completed and documents are returned to you accordingly.
Conditions of Tickets by Airlines:
- Tickets are issued 30 days prior to departure.
- Prices are based on the cost per ticket $2,000.00/ client (Melbourne-Madinah/Jeddah-Melbourne), any increase in price per ticket by airlines at the time of confirmation of the ticket, will bear and paid by the client.
- Name correction will incur AU$550 fee.
- Date change by revalidation after ticketing AU$550 fee.
- Ticket reissue fee AU$550.
- Clients who no-show for a flight will be considered as cancelling after departure and NIL refund will apply.
- Seats are subject to availability at time of booking. No guarantee on confirmation of seats at group fare level on high demand flights. We have no control over the airlines’ allocation of seats and so, if you have particular seat requests, you should check-in at the airport as early as possible. We cannot guarantee that these requests will be met.
- It is your responsibility to ensure that you and the members of your group do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage) whilst on your trip.
- If, in our reasonable opinion or that of our Suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our Suppliers (e.g. hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our Suppliers, including terminating your trip, in which case our and our Supplier's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.
Terms and Conditions
- We may amend these terms and conditions at any time without prior notice. If we do amend these terms and conditions, the amended terms will be effective when posted on this website and you are deemed to have accepted the relevant changes.
- When you book with Adam Travel the Terms and Conditions become part of your booking.
- By accessing, browsing or making a reservation through this website, you expressly accept these Terms and Conditions, and intend to be legally bound by you. To the extent any travel products and/or services are booked through your Agent or Adam Travel, you agree that these Terms and Conditions apply to all transactions. Please read these Terms and Conditions carefully. If you do not accept all of these Terms and Conditions, please do not use the website or make any reservations through your Agent or Adam Travel.
Exclusion of Liability and Indemnity:
- The responsibility of Adam Travel as the tour operator or their agents is limited.
- Before booking your Hajj package, you should read this Agreement and any additional terms and conditions carefully and ensure that you understand ALL of the Terms and Conditions.
- Adam Travel reserves the right at any time, in its sole discretion, to amend, modify, or alter the Adam travel website, terms and condition agreement, registration form and the contents of Hajj packages as described on the website without notice by posting the amended terms and condition agreement, registration form and Hajj packages on this website. The amended of terms and condition agreement, registration form and Hajj packages shall be effective from and after the date that they are posted on the website. Therefore, each time you access the website, you need to review these terms and condition agreement, registration form and the contents of the Hajj packages periodically.
- Your continued use of the Adam Travel website or the services will mean that you accept unconditionally any amendments made to the terms and condition agreement, registration form and the contents of the packages.
- Adam Travel Pty Ltd (Australia) and its related companies have various subsidiaries, branches and offices throughout the world. The subsidiaries, branches and offices only provide an internal supporting role to and for the benefit of Adam Travel Pty Ltd (Australia). These subsidiaries, branches and offices (as well as any other affiliated companies) do not have any power or authority to render the service, to represent Adam Travel Pty Ltd (Australia) or to enter into any contract in the name of, for or on behalf of Adam Travel Pty Ltd (Australia).
- Hajj’s procedures and requirements may change at any time with or without notice by the Saudi Government. The Adam Travel visa service allows applying on your behalf for Hajj visas to relevant Embassy or Consulate of Saudi Arabia. Adam Travel is unable to guarantee to obtain Hajj visas and consequently, Adam Travel accepts no liability whatsoever for not obtaining a Hajj visa with or without reasons. Adam Travel reserves the right to claim any associated costs incurred as a result of not obtaining Hajj visa. In this case, Adam Travel bears the cost of package, hotel and ticket cancellation fees and refunds the full package cost to the client except for the deposit payment. Adam Travel is also not liable for any delay, misplacement or loss of passport during processing and obtaining Hajj visa from the relevant Embassy or Consulate of Saudi Arabia.
- All bookings made on this Adam travel website are subject to the relevant supplier's/tour operator's booking conditions in addition to these Adam travel Term and Conditions Agreement.
- Adam Travel makes no representations or warranties of any kind with respect to flights for Hajj packages including not enough time to perform 40 Salaat in Madinah. All hotel star rating is according to Saudi Arabian standard. Due to circumstances beyond the control of Adam Travel may also need to cancel or modify events that appear on the itinerary. There may be other circumstances in which hotel changes become advisable or necessary. Therefore, Adam Travel also reserves the right to substitute any of the hotels. During the Hajj journey the unexpected is often the norm. Despite very careful planning and organization the Hajj journey can never be taken for granted, like a normal holiday expected in the Australia. The Pilgrim wishes it to be pleasant for a once in a lifetime experience, however the vast number of people from across the globe with a varied lifestyle may have an impact on your pilgrim, unfortunately the company cannot be held responsible for this experience. It is noteworthy that all pilgrims must wear Ihram and is obligatory to be worn on Miqat or to the point confronting Miqat. It is not permissible to step forward towards Makkah without Ihram beyond Miqat or the point confronting Miqat. If anyone does so, he will be under obligation to offer Dam. Ihram is not required for travelling to Madinah.
- The provision of the service offered by the company is in good faith and best endeavours to meet your standard, however, Adam Travel, our agents, travel partner or their sub agents cannot be held responsible for any shortcomings outside the company’s control against your expectations of the pilgrimage. No express or implied, is made by us or by any person as to its accuracy, completeness or fairness and it should not be relied on as such. Any opinions and estimates expressed reflect our judgment at this date and are subject to change without notice.
- Adam Travel acts only as an agent for clients in making arrangement of services for airlines, hotels, transportations or any other services in connection with this tour and assumes no liability or responsibility whatsoever for mismanagement from any one of the administration, management or employee/staff who provide any of these services. Adam Travel will not be liable to the client for any claims against non-fulfillment, unsatisfactory or non-performance of services and products purchased on the client’s behalf by the company from third parties such as (but not limited to) airlines, hotels, tour operators, car hire companies. Adam Travel makes every effort to ensure that all the arrangements and services connected with a client’s tour will be carried out as specified in the most efficient and effective way possible. Adam Travel will assist the client during his/her tour to solve any issue or complaint between him/her and third parties such as (but not limited to) airlines, hotels, tour operators, car hire companies. However; Adam Travel does not have direct control over the provision of services by suppliers and, whilst they are in all cases selected with the utmost care, Adam Travel does not accept liability for the errors and omissions of such suppliers.
- In the KSA, the Saudi government has the sole responsibility for the movement of pilgrims between Jeddah, Makkah, Mina, Arafat, Muzdalifah, Madinah or any other point of pilgrimage in the KSA. Our Local Agent has no control whatsoever over the transportation, this includes and not limited to, timing, quality of the transport, duration of the journey, facilities for the transport. Our local agent will assist where possible, but this element of the pilgrimage is outside of our control and cannot be held responsible in any shape or form.
- The KSA has the sole responsibility of Tents in Mina & Arafat; our local agent will assist where possible; Adam Travel cannot be held responsible for the quality or services at these points in the pilgrimage. Specialized Mina and Arafat services are based on Saudi Authority's approval.
- You agree to release and forever discharge Adam Travel from any and all actions, causes of action, claims and demands for, upon, or by reason of any damage, loss or injury, to me and your property which may be sustained in consequence of the losses and expenses as aforementioned.
- Adam Travel acts only as agent for clients in making arrangements for airlines, hotels, buses or any other services in connection with this tour and assumes no liability whatsoever for: injury, damage, loss, accident, delay or irregularity which may occasionally occur either by reason of defect through the acts or defaults of any company or person engaged in conveying clients or in carrying out the arrangements of the tour, or dangerous incidents in the air, sea, fire, breakdown in machinery or equipment, acts of governments or other authorities, war whether declared or not, hostilities, civil disturbances, strikes, riots, theft , epidemics, quarantines, medical or customs regulations, or from any causes beyond Adam Travel 's control, or from any loss or damage resulting from improper passports, visas or other documents. Adam Travel will accept no responsibility for the loss or additional expenses to delays or changes in schedule or other causes. Adam Travel shall not be liable or responsible for any inconvenience, loss, damage or injury arising in connection with such services. Facilities described in Adam Travel's brochures and/or other marketing material may be withdrawn for reasons beyond Adam Travel's control. Adam Travel will have no responsibility to you or any other party, financial or otherwise, in such cases. Adam Travel will not be responsible for failure to follow instructions, including but not limited to check-in and check - out times and delay, loss of luggage or personal belongings (Medicine). In the event of delay, it is the responsibility of the airlines to determine exactly what procedure will be followed. The policy chosen by that carrier shall be based on its procedures. The policy chosen by that carrier shall be based on their procedure and shall not be the responsibility of Adam Travel and its affiliates. Adam Travel and its affiliates will not be responsible for any person(s) missing any part of the program due to his/her negligence or delay or absenteeism for any time during the tour and will not be responsible for any additional expenses for the participant to re-join the tour.
- All or any such losses and expenses as aforementioned will be borne by you and will be your sole responsibility to the complete exclusion of Adam Travel.
- You further agree to indemnify and save harmless Adam Travel against and from any and all claims and demands, actions, and claims for contribution or indemnify, whether under any statute or otherwise, which may be made or brought against Adam Travel, including the costs of defense of such action and claim, as any such claims or demands relate to your Hajj Pilgrimage.
- Moreover, no upgrades in the program chosen will be the honoured after departure as well as no refund will be given for any services rendered and not utilised.
- Adam Travel will not take any responsibility for ensuring successful booking if these documents are not so received, or are inaccurate, nor will it refund any monies paid in respect of your booking(s).
- You are responsible to maintain acceptable standards of behaviour at all times. You must not behave in any way, which causes or may cause distress, injury or annoyance to others, or give rise or may give rise to the risk of damage to property. If you do behave in any such way, you are likely to be evicted from your hotel. In case of such eviction, the evicting authority’s decision will be final, and Adam Travel will have no liability to you, and will not refund to me any portion of the cost of your package, nor will Adam Travel make alternative arrangements for you.
- Adam Travel reserves the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Accommodation request, breach of the Terms and Condition Agreement, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems. In case a booking is rejected or cancelled by Adam Travel and a payment has already been made, you will receive a refund of the total booking value.
- You are responsible, upon receiving any documentation relating to your booking(s), including but not limited to, flight ticket(s), hotel booking confirmation and transportation confirmation, to ensure that the documents are accurate, and do not contain any errors or omissions. Any errors or omissions must be reported to Adam Travel immediately for rectification. Adam Travel will assume no responsibility for errors or omissions, which are not so reported, nor for any consequences, which flow therefrom.
- You agree to defend, indemnify, and hold Adam Travel, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms and conditions.
- A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these booking terms and conditions. This paragraph does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
- Australian law prohibits the carrying of any foodstuffs when transiting in and out of the Australia. It is your responsibility to ensure that you observe this restriction. Adam Travel will not bear any responsibility for your failure to do so.
- Consumer Law
- To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Adam Travel are excluded under these Terms and Conditions.
- Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits Madam Travel to limit its liability, then Adam Travel's liability is limited to:
- in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
- in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
- This Agreement shall be governed by and construed in accordance with the law in effect in Victoria and the parties hereto accept the jurisdiction of the courts of Victoria in relation to any dispute between them. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any statutory obligation of the Agent implied by the Regulation, the Sale of Goods Act, 1896 or any State legislation if that cannot be lawfully excluded.
- If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
- You hereby acknowledge that you have read, understand, and agree these terms and conditions within carefully before singing it and the paid deposit constitutes agreement to those terms and conditions.
- By embarking and proceeding, you undersigned, agree on the behalf of yourself, your group or your family on the terms and conditions of Adam Travel, Saudi Embassy, and Ministry of Hajj in Saudi Arabia & Kingdom of Saudi Arabia’s rules & regulations.
- By signing below, you (the undersigned) wilfully agree to the above terms and conditions of liability and you also fully understand the package which you are purchasing.
CUSTOMER INFORMATION AND SIGNATURE: