Excursions/ Third Party Tours
Excursions or other third party tour/s or activities that you may book or pay for whilst you are on our holiday are not part of your package & holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the tour operator. You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
Authorization to Use Photographs and/or Audio-Visual:
The Company may use, reproduce, and/or publish photographs and/or video that may pertain to me— including my image, likeness, and/or voice without compensation. I understand that this material may be used in brochures, e-mails, and online to promote AFC Holidays and its product offerings.
The Client consents and agree that, while participating in any Tour, images, photos or videos may be taken taken of the Client during the tour or shared on Facebook, Instagram, Youtube, Tiktok social media accounts for advertising and promotional purposes in any media we choose. The Client grants AFC Holidays a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
DISCLAIMER
The services provided to you on our website (“services”) and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the services are provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the services. You expressly agree that your use of the services is at your sole risk. B. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the services, our servers or electronic communications sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of any service, or any information, content, materials, products (including software) or other services included on or otherwise made available to you through any service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- DISCLAIMER FOR THIRD-PARTY APPLICATIONS. You accept that: A. By clicking on the CONFIRM AND PROCEED button ("Pay Button") you will be transferred to a payment portal which is controlled and operated by a third party ("Third-Party Application"); B. The use of any Third-Party Application is subject to the terms and conditions that apply to such Third-Party Application and it is your responsibility to read, understand and comply with any such terms and conditions. C. we are not responsible for the availability or performance of, or your use of, any Third-Party Application. You assume all responsibility and risk concerning the use of any Third-Party Application (including any content therein) and we hereby disclaim all liability to you or any third party concerning such use.
- PERSONAL DATA. Notwithstanding our Terms and Conditions & Privacy Policy, you acknowledge and accept that the personal and credit card details provided by you when making the Payment ("Personal Data") shall be transmitted to an independent third party for processing and completing the Payment and any Standing Instructions. You acknowledge and accept that the transmission to, and the use of such Personal Data by, the third-party processor shall not be deemed a breach of our Terms and Conditions & Privacy Policy and you hereby waive, disclaim, and release us and our officers, directors, employees, agents, successors, and assigns, from all claims of any kind (specifically including all claims for actual, incidental, consequential, punitive or exemplary damages, attorneys’ fees and costs, or claims for interest, even if we are advised of the possibility of such damages), related to, or arising from, directly or indirectly, your use of the payment portal and any transmission and use of the Personal Data.
Limitation of Liability/ Acknowledgment of Risk /Force Majeure
Travel disruptions can be unforeseeable and oftentimes appear imminent which can include delays, suspension, re-routing, alterations and cancellations to flights, cruises, tours, transfers, transportation and other travel arrangements. In addition, you should recognize, understand and acknowledge that in connection and in participation to any tour itinerary in any trip/ destination, any recreational activities arranged by us may involve risk, danger and hazards. Any expense as a result of any travel disruptions or any postponed, deleted, cancelled or altered travel arrangements will always be at the passenger's cost. In no event will AFC Holidays be responsible for incidental, consequential or special damage or loss suffered by any person/ traveler due to these travel disruptions. Maximum liability claim, for any reason whatsoever, will be limited to amount paid for its tour services. If travelling on a Land Only basis, our responsibility commences with the start of the first service listed on particular itinerary joined only.
Except where otherwise expressly stated in these Booking Conditions, if our contractual obligations to you are affected by Events Beyond Our Control (Force Majeure). This means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Events include warfare and acts of terrorism and its threats, civil strife, significant risks to human health such as the outbreak of serious disease such as epidemics, pandemics or natural disasters (floods, earthquakes or weather conditions that makes it impossible to travel safely to destination, the act of any government or local authority including labour strikes, unavoidable technical problems with transport and all similar events outside our or the supplier(s) control.
- Governing Law and Jurisdiction. These Terms & Conditions shall be governed by, construed and/or interpreted in accordance with the laws of United Arab Emirates.
- Compliance with laws. It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited. We and/or our representatives reserve the right to cancel your holiday at any time if in our reasonable opinion you are found to be behaving in a socially unacceptable manner or indulging in illegal activities, without any liability to you for any refund and legal claim.
- Assignment. We may at any time assign any of our rights and/or obligations under these Terms & Conditions, in whole or in part, without notice to you. You may not assign any of your rights or delegate any of your obligations under these Terms & Conditions. Any purported assignment or delegation in violation of this section of these Terms & Conditions is null and void.
- No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AFC Holidays.
- No Third-Party Beneficiaries. Save and except as expressly provided otherwise in these Terms & Conditions, these Terms & Conditions are for the sole benefit of each of us and you, and nothing herein, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of these Terms & Conditions.
- Severability. If any provision of these Terms & Conditions is deemed to be invalid, illegal, void or unenforceable, then such provision shall be severed from these Terms & Conditions and shall not affect.
- Entire Agreement. Our Travel Booking confirmation email(s), these Terms & Conditions, our Website Terms and Conditions of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms & Conditions.