Terms and Booking Conditions

TERMS AND BOOKING CONDITIONS - HAJJ 2019 EXPERIENCE

Please read the following carefully. It sets forth Essential Islam’s, Guidance Hub's, and ISNAD's obligations and limitations of liability with respect to the services we will provide on behalf of you, and/or your group, and/or your family (hereinafter collectively known as the “Client”).

1. YOUR RELATIONSHIP WITH ESSENTIAL ISLAM, GUIDANCE HUB, ISNAD

1.1. Please read these Booking Conditions carefully before booking with us. If there is anything within these Booking Conditions that you do not understand, then please contact us on 0345 2222 786 to discuss what this means for you. By making a booking with us, you must certify that you agree to our Booking Conditions.

1.2. Essential Islam, Guidance Hub, and ISNAD hereby agrees to arrange Hajj (hereinafter known as the “Tour”) for the Client, and to provide travel arrangements relating to the Tour; including flights, hotels, buses, coaches, and any other services necessary for the Client to complete the Tour.

1.3. The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking, and for all other matters concerning the booking. The Lead Name must be at least 18 years old at the time of booking.

1.4. The Lead Name must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons in the booking. The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

1.5. Essential Islam, Guidance Hub, and ISNAD does not themselves own or provide any of the services, facilities or travel arrangements which make up your Hajj package. These are provided by third parties whom we arrange to provide the services, facilities or travel arrangements which make up your Hajj package (the "Travel Providers").

2. BOOKING YOUR PACKAGE HOLIDAY WITH ESSENTIAL ISLAM, GUIDANCE HUB, ISNAD

2.1. A contract will only come into existence between us when you have paid the price payable on booking and we have issued our booking confirmation to you. We reserve the right to decline your deposit.

2.2. If you have any special requests you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Travel Providers at our sole discretion, but cannot guarantee that such requests will be met by the Travel Providers.

2.3. We are not a specialist disabled holiday 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 condition which may affect your booking, please let us know before making a booking so we can find out if the Hajj Package is suitable before you make a booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

3. PRICE OF HAJJ PACKAGES

3.1. We may change the advertised price of any Hajj Package from time to time. We will confirm the actual price at the time of booking.

3.2. We try hard to ensure that the advertised price is always accurate, but sometimes errors do occur. We will normally verify prices at the time of booking. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking as we see fit and notify you of this so that you can decide what you would like to do.

3.3. We are under no obligation to supply you with a Hajj Package which is incorrectly priced, even after we have issued our confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking as we see fit and notify you so that you can decide what you would like to do.

3.4. We may change the price of your Package Holiday after we have issued our booking confirmation in order to pass on to you changes in transportation costs, including the cost of fuel; dues, taxes or fees chargeable for services such as landing taxes or embarkation and disembarkation fees at ports and airports; and exchange rates. We will not pass on any price increase within 30 days of your departure date. You will also not be charged for any increase of cost of up to 2% of the cost of the Hajj Package (excluding any insurance premiums and any amendment charges). However, you will be charged for the amount over and above that. If this results in a price increase of more than 10% of the price of your Hajj Package, you will have the option of:

(a) accepting the change;
(b) taking a substitute Hajj Package from us of equivalent or superior quality (at our sole discretion) if we are able to offer such a substitute;
(c) taking a substitute Hajj Package of lower quality if we are able to offer one (plus a refund of any price difference); or
(d) cancelling the booking and receiving a full refund of all monies paid (save for any amendment and admin charges), but note that should you decide to cancel you must notify us within 14 days of the date on which the price increase is notified to you.

4. PAYMENT

4.1. When you make a booking with us for a Hajj Package, you will be required to pay us a mininmum non-refundable deposit of £300. Where applicable, an additional deposit payment may be required to cover any extra costs. The balance of the total cost of your booking must be paid by May 1st 2019. If either the deposit or the balance is not paid in full by the due date, we may cancel your booking immediately and retain your deposit and any additional payments paid. In the event of such cancellation, we shall have no liability to you.

5. AMENDMENTS BY YOU

5.1. If you wish to make a change to your booking after we have issued our booking confirmation, the Lead Name must contact us. We do not have a legal obligation to make such changes but we may, at our sole discretion, try to accommodate your request. Please understand that it is often not possible for us to do so as changes may depend on availability and the terms and conditions of our Travel Providers.

5.2. If we agree to make a change, you agree to pay us any cost we incur in making the change (including, without limitation, charges which are imposed on us by the Travel Providers for making the change). This could be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Hajj Package (e.g. a flight) may incur a 100% cancellation charge.

5.3. If any person on a Hajj Package is prevented from travelling, we will agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the Hajj Package, subject to both persons accepting joint and several liability for full payment of the Hajj Package price and the charges described in paragraph 5.2. We must be given reasonable notice of a transfer request, which we consider to be at least 90 days prior to the departure date. You must pay all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out in clause 6 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

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

6. CANCELLATIONS BY YOU

6.1. If you, or a member of your party, wish to cancel your booking, you must give us written notice by an email properly addressed to info@essentialislam.co.uk. Any such notice of cancellation must be given by the Lead Name on the booking.

6.2. As we may incur costs in cancelling confirmed bookings (including, without limitation, charges which are imposed on us by the Travel Providers), you will be charged a cancellation fee per person which reflects the losses and costs which we incur in cancelling the booking as follows:
- Cancellations requested before June 1st 2019 will be subject to an admin charge of £1,000 per person
- Cancellations requested after June 1st 2019 will be subject to an admin charge of 50% of the total costs per person.
- Cancellations requested requested 45 days prior to departure is non-refundable.

6.3. Any mistake(s) or error(s) in the Hajj Package documents issued by, or through Essential Islam, Guidance Hub, and ISNAD, must be immediately reported to Essential Islam, Guidance Hub, and ISNAD. The failure to give Essential Islam, Guidance Hub, and ISNAD a reasonable opportunity to correct any mistake(s) prior to the commencement of the Hajj Package shall be deemed a waiver of the right to any damages or reimbursement resulting from any such an error, and you will be obligated to pay any additional expense resulting from such error.

NB. Any refunds granted before the Hajj visa is issued are subject to airline, administrative, and hotel costs.

7. CANCELLATIONS AND AMENDMENTS BY ESSENTIAL ISLAM, GUIDANCE HUB, ISNAD

7.1. As the arrangements which make up your Hajj Package are planned many months in advance, from time to time we may need to make a change to your purchased Hajj Package. We reserve the right to do so at any time. Most changes are minor changes such as the alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. However, occasionally we have to notify customers of a "significant change" that we must make to a Hajj Package. A significant change is a change made before the start of the Hajj Package which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your purchased Hajj Package. Examples of “significant changes” include, but not limited to, the following, when made before departure a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours or a change of UK departure airport, as long as that change is not from one London airport to another London airport or a significant change to your itinerary, missing out one or more destination entirely.

7.2. Although it is rare for us to do so, occasionally we may need to cancel a confirmed Hajj Package. We reserve the right to do so at any time.

7.3. In the unlikely event that we have to cancel your Hajj Package, or make a significant change as defined above, we will tell you as soon as reasonably possible if there is time before your departure. You will then have the option of:
(a) accepting the change;
(b) taking a substitute Hajj Package from us of equivalent or superior quality (at our sole discretion) if we are able to offer such a substitute;
(c) taking a substitute Hajj Package of lower quality if we are able to offer one (plus a refund of any price difference); or
(d) cancelling the booking and receiving a full refund of all monies paid (save for any amendment and admin charges), but note that should you decide to cancel you must notify us within 14 days of the date on which the price increase is notified to you.

7.4. We may not give you any of the above options in the event that a change to the purchased Hajj Package is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of a destination airport or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

7.5. If we cancel or make a significant change we will, if appropriate, pay you compensation for non-performance of the Hajj Package except where this is caused by (i) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. These circumstances can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport; or (ii) the number of persons who agree to take the Hajj Package is less than the minimum number required and you are informed of the cancellation, in writing, within the period indicated in the description of the Hajj Package.

8. PROMPT ASSISTANCE IN RESORT

8.1. If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

9. SIGNIFICANT CHANGES BY ESSENTIAL ISLAM, GUIDANCE HUB, ISNAD AFTER DEPARTURE

9.1. If, after chanes to the Hajj Package, we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our best to make suitable alternative arrangements.

10. TRAVEL INFORMATION

10.1. Please note that we can provide general information about the passport and visa requirements for your Hajj trip, but Passport authorities in the Kingdom of Saudi Arabia reserve the right to refuse any application.

10.2. The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

10.3. Essential Islam, Guidance Hub, and ISNAD shall have no liability if you elects to make independent travel arrangements separate and apart from those arranged by the Travel Provider for the Hajj Package, nor shall Essential Islam, Guidance Hub, and ISNAD be liable for any damages resulting from you missing a portion of the Hajj Package.

10.4. It is your obligation to follow all instructions, including, but not limited to, all check-in and check-out times, departure times (including any changes to the Hajj Package schedule due to delays) and procedures, including the procedures of all carriers providing transportation for the Tour. We shall incur no expense, or have any liability for your failure to comply with your obligations, and we shall not make any payments, or refunds to you if you miss any portion of the Hajj Package as the result of your wrongful acts.

10.5. Essential Islam, Guidance Hub, and ISNAD will not provide upgrades or changes to the Hajj Package when not selected and paid for prior to departure. No refunds shall be issued for any services provided on the Hajj Package that are not utilised by you.

10.6. It is understood and acknowledged that accommodation classifications and ratings are derived from local custom and practice, and may be unrelated to international travel standards, and Essential Islam, Guidance Hub, and ISNAD shall have no liability for any perceived failure during the provision of accommodation. It is further understood and agreed that all hotel reservations are subject to availability, and that if the designated hotel is unavailable, a hotel of similar quality shall be selected, and Essential Islam, Guidance Hub, and ISNAD shall have no liability for damages resulting from any such change in accommodation.

10.6. It is understood and agreed that Essential Islam, Guidance Hub, and ISNAD does not assume any responsibility for handling your passports and other documents. You hereby agree to indemnify and hold Essential Islam, Guidance Hub, and ISNAD harmless against any cause of action, lawsuit, or other liability that may arise from the delivery of your documents by any mail delivery carrier; including, but not limited to, the Royal Mail, FEDEX, DHL, UPS and DPD. Any issues relating to the delivery of packages/passport(s) are to be addressed with these respective agencies.

11. TRAVEL INSURANCE

11.1. Travel insurance is not included with our Hajj Packages. If you require travel insurance, then we advise you to obtain adequate cover before you travel.

12. GENERAL TERMS

12.1. The various paragraphs set out in these Booking Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.

12.2. These Booking Conditions set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.

12.3. These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.

12.4. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date

12.5. We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.

12.6. These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

12.7. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation.

12.8. If you have any queries about these terms, please contact our UK contact centre before placing a booking via the contact details shown below.

12.9. You may contact our UK contact centre on 0345 2222 786.

13. FORCE MAJEURE

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.