Effective Date: May 1, 2013
The purchase of Hajj package offered by Sirat al-Mustaqeem Hajj Group (hereinafter “SM Hajj”) constitutes a contractual agreement between you and any person included under this reservation (hereinafter collectively referred to as “you,” “your,” or “traveler(s)”) and SM Hajj, and represents your acceptance of SM Hajj Terms & Conditions set out herein.
Please read carefully and understand these Terms & Conditions prior to registration. These Terms & Conditions are subject to change at any time. You are bound by such revisions and should therefore request the latest version of the Terms & Conditions from SM Hajj. If you do not agree to these Terms & Conditions, please cancel your registration by written notification to SM Hajj (cancellation fee may apply).
SM Hajj is a private entity. SM Hajj is not responsible for granting or denying of documents. SM Hajj acts only as an agent for the traveler in making arrangements for services provided by third parties, such as airlines, hotels, buses or other transportation suppliers in connection with SM Hajj’s package (hereinafter “Service Providers”). SM Hajj accepts no responsibility for information supplied to us by third parties including the Service Providers. SM Hajj recommends that the traveler confirm all information contained on or linked from our website with the Service Providers. The details of the Hajj package, flights and other information displayed on the website are subject to change without notice. The travel products and services described on the website are subject to availability. It should be noted that all documents issued to travelers are non-transferable. Such documents may include but are not limited to, visas, airline tickets, hotel vouchers, or any other document used to confirm an arrangement with a Service Provider. Such documents may also be subject to conditions such as, but are not limited to, being non-refundable, non-date-changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions. If for any reason, any Service Provider is unable to provide the services for which you have contracted, your remedy lies against that Service Provider, and not against SM Hajj. Unless otherwise expressly agreed by SM Hajj in writing, you are responsible for obtaining all passports, visa and health information required.
SM Hajj does not warrant or represent that the content of the SM Hajj website or promotional material is accurate, up-to-date or complete, nor that it does not infringe the rights of others. SM Hajj is providing the website, the promotional material and its contents on an “as is” basis. SM Hajj makes no representations or warranties of any kind with respect to the website, the promotional material, its contents or any of the services offered by SM Hajj. To the maximum extent permitted by law, SM Hajj disclaims all implied representations and warranties including, without limitation, implied warranties that SM Hajj services offered will be of merchantable quality, fit for any purpose or will comply with any descriptions on the SM Hajj website or promotional material. To the extent permitted by law, you release SM Hajj from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of the third party products or services. If applicable, hotel ratings stated on the SM Hajj website or promotional material (without limitation includes photographs, list of hotel amenities, descriptions of property, etc.) are provided by the respective Service Providers. These hotel ratings are general guidelines and SM Hajj cannot guarantee their accuracy. The promotional material is to be used as a general guide and the ratings and hotel information may be amended periodically by the respective Service Providers to keep current. Please be advised that during the peak Hajj season the Service Providers accommodate a large number of pilgrims and consequently the quality of service indicated by their respective ratings may suffer. All Service Providers are independent contractors, not SM Hajj affiliates or agents. SM Hajj is not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, or any other damages or expenses resulting from Service Providers. SM Hajj has no liability and will not refund due to delay, cancellation, overbooking, strike, terrorism, and any other causes that are beyond SM Hajj’s direct control or from any loss or damage resulting from improper passport, visas or other documents. SM Hajj has no control and is not responsible for any additional expenses, delays, omissions, re-routing, or acts of interference by any government or legal authorities. SM Hajj is not responsible for any traveler missing any part of the program due to no fault of SM Hajj, and in such event, the traveler shall be responsible for any additional expenses incurred for the traveler to rejoin the tour. SM Hajj will not make any changes after departure and will not redeem any part of the payment for any services rendered unutilized.
Shipping and Handling of Documents
For out of town clients SM Hajj will use DHL, FedEx or UPS to return your documents unless you send SM Hajj a pre-paid completed label for the courier of your choice to use for the return of your documents. SM Hajj is not responsible for any delays, loss or damages resulting from the return of your documents by DHL, FedEx, UPS, or any other courier services.
Please be aware that during your participation in Hajj package operated by SM Hajj, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; the forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. SM Hajj will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While SM Hajj will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in our Hajj package you agree that you will hold SM Hajj harmless regarding any provision of medical care or the adequacy of any care rendered. To the extent permitted by law, you release SM Hajj from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of any loss of baggage.
4. Reservation / Deposits / Fees:
SM Hajj accepts checks and money orders. Your payment is not deemed made until SM Hajj receives it.
Deposit amount: $2,500 per person upon registration.
Final payment: must be paid no later than the first week of Ramadan.
Your registration is not confirmed until SM Hajj receives the deposit and you receive written confirmation of your registration from SM Hajj. Your reservation may automatically cancel if SM Hajj does not receive payments by the dates mentioned above. To determine such conditions, you must contact SM Hajj or the relevant Service Provider. Please review and verify your registration invoice thoroughly and contact SM Hajj immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Please be advised that once your visa has been processed, there will be NO refunds available for the package(s) you have purchased. Hajj fees issued by the Kingdom of Saudi Arabia or related to the ritual animal sacrifice are additional to and not included in the package.
After registering for the Hajj package, all cancellation requests must be received by SM Hajj in writing. After Ramadan SM Hajj will not accept any cancellations.
6. Travelers Who Need Special Assistance On Hajj:
You must report to SM Hajj in writing any disability requiring special attention while traveling at the time the reservation is made. SM Hajj will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by Service Providers. SM Hajj regrets that SM Hajj cannot provide individual assistance to a traveler for walking, dining, getting on and off buses and other vehicles, or other personal needs. A qualified and physically able companion must accompany travelers who need such assistance and must assume full responsibility for their well-being; if such a companion is not available for the traveler, SM Hajj may, in its discretion, cancel the reservation and return the full deposit of the traveler.
7. Young Travelers:
Travelers less than 18 years of age on the departure date must be accompanied by an adult throughout the duration of the trip. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel.
8. Mediation and Arbitration of disputes:
Any disputes related to the contract for Hajj between the participant and SM Hajj directly or indirectly relating to the Terms & Conditions shall be first submitted to mediation in Houston, Texas before a mediator mutually agreed to by the parties. If mediation is not successful, the dispute must be resolved by binding neutral arbitration in Houston, Texas as provided by Texas law. You are hereby giving up any rights you might possess to have the dispute litigated in a court or jury trial in Texas or any other jurisdiction. By purchasing travel services from SM Hajj, you are: 1) giving up your judicial right to discovery and appeal; 2) you may be compelled to arbitrate under the authority of the Texas code of civil procedure; and 3) you acknowledge that your agreement to this arbitration provision is voluntary. Arbitration under this provision shall occur under the American Arbitration Association’s commercial rules of arbitration and shall be limited to those disputes related solely to the contract for these Terms & Conditions. Arbitration against SM Hajj must be commenced within one year following the date of travel completion. Neither SM Hajj nor any affiliate shall in any case be liable for other than compensatory damages. Additionally, you hereby waive any right to punitive damages. SM Hajj has read and understands the foregoing and agrees to submit disputes arising out of the matters included in this provision to mediation and neutral arbitration as described in this Section. All parties agree to irrevocably waive their respective rights to a jury trial of any cause of action, claim, counterclaim, or cross-complaint in any action or proceeding and/or hearing brought by either party against the other on any matter whatsoever arising out of these Terms & Conditions or any agreement between you and SM Hajj. In any event, each party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the State of Texas having subject matter jurisdiction over the matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in the State of Texas. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
If any of these Terms & Conditions is invalid or unenforceable, it will be struck out, and the remaining terms will remain in force. Headings are for reference purposes only. If SM Hajj does not act in relation to a breach by you or others of these Terms & Conditions, this does not waive our right to act with respect to subsequent or similar breaches. No person, other than an authorized representative of SM Hajj by a document in writing, is authorized to vary, add, or waive any term or condition set forth in the preceding provisions. These Terms & Conditions are governed by the laws of the State of Texas.