Terms and Conditions:
*** Conditions of Use ***
Welcome to our online store! Dakkak Tours International DMC and its associates provide their services to you subject to the following conditions. If you visit or shop on this website, you accept these conditions. Please read them carefully.
1. SERVICES PROVIDED
DAKKA TOURS shall provide access to its's travel inventory database under this Agreement on a non-exclusive, non-assignable, limited basis.
2. TERM AND TERMINATION
2.2Automatic Renewal: The Initial Term shall be automatically extended for successive additional one (1) year periods (the "Additional Terms") unless at least three (3) months written notice ("Notice of Non-Renewal").
2.3 Either Party may terminate this Agreement for convenience through service of a thirty (30) days written notice.
2.1 Initial Term: The term of this Agreement shall be for 1 (one) year from the Effective date (the "Initial Term").
3. REPRESENTATIONS AND WARRANTIES OF THE PARTIES
Each of the Parties represents warrants and undertakes that:
(a) It is duly organised and validly existing under the laws of the jurisdiction in which it is established;
(b) It has the requisite power and authority to execute, deliver and perform this Agreement and that this Agreement has been duly and validly authorised, executed and delivered by it;
(c) Its obligations hereunder constitute legal, valid, binding and enforceable obligations; and
(d) The execution and delivery of this Agreement and the consummation of the transactions contemplated herein do not breach its organisational documents or any law, provisions of any contract or order of Court applicable to it and do not require any applicable governmental approval; and
(e) The person executing this Agreement is duly authorised to execute the Agreement for and on behalf of the respective Party and shall have the authority to bind the respective Partyaccordingly.
4. CONFIDENTIAL INFORMATION
Either Party hereby undertakes that it and its affiliates and employees or representatives thereof shall not, at any point of time, divulge or communicate in any manner whatsoever to any third Party or any of its consumers or use for its own purpose any informationabout the business and affairs of either Party or any of its clients which may come to the
knowledge of the other Party pursuant to this Agreement. For the purpose of this clause, confidential information includes (without limitation) agency lists, consumer information,technology, plans, financial, schemes, operating manuals, data generated by either Party and all information received pursuant to online data connectivity(whether or Dakkak Tours, written or electronic form, or on magnetic or other media) of either Party together with all documentation relating to thisAgreement.
Each Party acknowledges the highly sensitive nature of the information of online data connectivity and agrees to make this available to its employees, directors and authorised representatives only on a need to know basis who are bound by similar confidentiality obligations.
Neither Party shall be liable for the disclosure or use of such data or proprietary information which: a) is, or becomes, publicly known other than by breach of this Agreement; b) is obtained by the receiving Party from a third party without restriction; c) is previously known by the receiving Party; d) is, at any time, developed by the receiving Party completely independently of any disclosures hereunder; or e) is required to be released by law (including the applicable security regulations),or under an order from the Court or any law enforcement agencies. The obligations and restrictions of confidentiality shall be effective during the Agreement and for a period of three (3) years from the date of the last disclosure following the termination or expiration of this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:
You agree and acknowledge that DAKKAK TOURS is providing a technology solution that, by its nature, is not error-free. DAKKA TOURS does not warrant that use of its website ("Site") will be uninterrupted or error-free. You understand and acknowledge that there may be downtime, network congestion, outages, scheduled maintenance, or other events beyond the reasonable control of DAKKAK TOURS, and DAKKAK TOURS shall not be responsible for the same. In the event of a conflict between the terms of this Agreement and the terms mentioned on its Site, the terms of the Site shall prevail.
6. DECLARATION
You hereby warrant that neither You nor your stakeholders or directors are on the Office of Foreign Assets Control (OFAC), Specially Designated Nationals (SDN) orBlocked Persons list. You shall immediately inform DAKKAK TOURS through written communication in the event You or any of your shareholders or directors are placed on any of the above lists.
7. INTELLECTUAL PROPERTY RIGHTS
Both Parties retain all intellectual Property Rights in their Trademarks. Nothing in this Agreement shall be taken to grant any rights to either Party regarding such intellectual Property Rights.
You acknowledge and agree that any element and Intellectual Property Rights received or acceded are the exclusive property of DAKKAK TOURS.
You shall not copy, reproduce, modify, transmit, sell, lease, market nor disclose to third parties the contents (and/or any of its elements, unless agreed by DAKKAK Tours)provided/displayed by DAKKAK TOURS on its Site.
For the purposes of this section, Intellectual Property Rights means any patent, copyright, design right, registered design, database right, trademark, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registerable or not or other industrial or intellectualproperty right subsisting in any territory or jurisdiction in the world.
8. DATA PROTECTION
8.1 Each Party warrants to the other that it is properly and sufficiently notified under the provisions of the applicable European Data Protection legislation, including the provisions of the General Data Protection Regulations (GDPR) or such other applicable DataProtection legislation so as to ensure so far as possible that no breach ofsaid legislation shall occur.
8.2 DAKKAK TOURS confirms that it is the "Processor" and that You are the "Controller" of the Personal Data, and each Party shall act accordingly in relation to GDPR norms.
8.3 BothParties shall ensure as far as commercially reasonable it has in place adequate security measures (both software and hardware, physical and administrative) forthe security of all Personal Data. Both Parties state and warrant that they have installed the technical and operational security measures that guarantee the security of personal data and prevent its alteration, loss, mishandling and/or unauthorised access thereto, bearing in mind the status of technology,the nature of the stored data and the risks to which it is exposed.
8.4 In the event of a breach of these commitments or any obligation derived from GDPR by either Party, its employees or, any contracted third parties, that Party shall be responsible for the processing thereof and shall be responsible for and liable in respect of all and any claims against the other Party resulting from administrative sanctions imposed by relevant authorities, and any damages or losses in judicial or non-judicial proceedings brought against the other Party, and in any case, the costs of the fees payable to legal counsels, courts or any otherprofessionals. Breach of the obligations stated in this clause by a Party shall just cause for early termination by the other Party of this Agreement.
8.5 Both Parties acknowledge and agree that at the request of the other Party (or Customers), the obliging Party shall delete, destroy or return all Personal Data it or any third party it has passed such Personal Data onto. The fulfilment of such request shall be at the expense and time of the obliging Party.
8.6 In the event of a notifiable "breach" of the provisions of the GDPR, the affected Party shall immediately notify the other Party with such sufficient information as the other Party may require. The Parties shall be obliged to provide whatever cooperation may be necessary to remedy, mitigate or resolve the such breach.
9. FORCE MAJEURE
In no event shall either Party be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly,forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, acts of government, trade embargoes, civil or military disturbances, nuclear or natural catastrophes,pandemics or acts of God, and interruptions, loss or malfunctions of utilities,communications or computer (software and hardware) services; it being understood that the Parties shall use reasonable efforts which are consistent with accepted practices to resume performance as soon as practicable under the circumstances.
10. LIMITATION OF LIABILITY
Neither Party shall be liable to the other in contract, tort or otherwise, whatever the cause thereof, for any loss of profit, business or goodwill or any indirect, special, consequential, incidental or punitive cost, damages or expense of any kind, howsoever arising under or in connection with this Agreement. FurtherDAKKAK TOURS disclaims all liability in relation to and caused by incorrectbookings, tariff errors, system errors, timeouts and any other manual errors.
11. PENALTIES
You shall not at any point of time display, disclose or otherwise communicate, publish or promote / distribute/ share DAKKAK TOURS's Rates or Inventory directly or indirectly to any B2Cchannel. For the purposes of this clause, "Inventory" shall mean and include all of DAKKAK TOURS's products and services as listed on its System. "Rates" shall mean and include the individual pricing of each Inventory item, as available and mentioned on the System. B2C channel means directly available to end Consumer (traveller) on an online platform.
The above is core and critical to the above Agreement and You shall be liable for the following for any breach.
• Penalty of $ 5,00 for eachinstance, to be paid upon first demand;
• Further, DAKKAK TOURS may temporarily suspend OR completely terminate the Agreement per its discretion onbreach of the above.
12. PROHIBITED COUNTRIES
You shall not market DAKKAKTOURS services in any of the sanctioned countries being Cuba, North Korea,Syria, Iran, Crimea, Sevastopol.
13. GENERAL PROVISIONS
13.1 Assignment – Neither Party shall assign its obligations under this Agreement for the such remaining period of the Agreement to any of its chosen subsidiaries, affiliates, or associates without a prior written intimation of 30 days (before such assignment) to the other Party.
13.2 Entire Agreement - ThisAgreement its Annexures, along with the Terms and Conditions on the Site, constitutes the entire Agreement between You and DAKKAK TOURS pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Parties.
13.3 Relationship betweenParties - The Parties to this Agreement are independent contractors, and Nothing in this Agreement shall make them joint ventures, partners, employees, agents or other representatives of the other Party hereto. Neither Party shall make any representation that suggests otherwise. Neither Party shall at any time in any manner describe itself as an agent or representative of the other Party.
13.4 Severability - In the event that any part of this Agreement shall be held by a court of competentjurisdiction to be unlawful or otherwise unenforceable, the remainder of thisAgreement shall remain in full force and effect to the maximum extent possible.
13.5 Variations of Agreement -The Parties to this Agreement reserve the right at all times to vary or amend these terms and conditions or to introduce new terms and conditions based onmutual discussions.
13.6 Waiver - If either Party fails to perform its obligations under any provision of this Agreement or the other Party does not enforce such provision, failure to enforce on that occasion shall not prevent enforcement on later occasions.
13.7 Jurisdiction - This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of Dubai without regard to any principles of conflicts of laws thereof. DAKKA TOURS retains the right to institute legal proceedings in anyother such country of residence or operation.
13.8 Dispute Resolution: Each ofthe Parties agrees that:
(a) All differences, disputes,issues relating to interpretation of any clauses and claims whatsoever arising out of or in any manner related to any provision of this Agreement, including any failure of the respective Boards of the Parties to reach an understanding under any provision of this Agreement shall be resolved by a Sole Arbitrator appointed mutually. The Sole Arbitrator shall adopt all the procedures, rules and regulations mentioned in DIFC-LCIA Arbitration Centre and the accompanying rules.
(b) The arbitration proceedings shall be in English. The venue of the arbitration proceedings shall exclusively be in Dubai.
13.9 Headings and SubHeadings -The headings and subheadings in this Agreement are for convenience only and do not affect the meaning of the relative section/clause.
13.10 Notices: a. Any notice, direction or instruction given under this Agreement shall be in writing and delivered by hand, registered post acknowledgement due and any reputed courier to the addresses mentioned above of the Parties or to such other address as a party notifies to other in writing, from time to time.
b. Nothing in the aforesaid clauses shall affect any communication given by way of the internet or other electronic medium as otherwise provided in this Agreement for the purpose of rendering the services.
13.11 e-Agreement: You hereby agree and undertake that You are legally entitled and eligible to enter intothis e-Agreement and further agree and undertake to be bound by and abide by this Agreement and the person accepting this Agreement by and on your behalf is authorised representative by You and is entitled and is legally authorised to bind You on whose behalf this Agreement is being accepted.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ___day of ______
ANNEXURE A TERMS OF SERVICE
1.1 Definitions:
1.1 "Account" shall mean such online Account of You, which is used to access and transact on the System through its System Administrator or its Users.
1.7 "System Administrator" shall mean such Individual employee of You who has been granted rights tocreate multiple accounts of its Users.
1.2 "Available Balance" shall mean such balance available in the Account of the Entity after deduction of due payments from the Credit Line.
1.3 "Consumer" shall mean such an individual who purchases travel services from You.
1.4 "Outstanding Statement ofAccount" shall mean such outstanding balance from time to time as owed byYou to DAKKAK TOURS against the offered Credit Line.
1.5 "Users" means and includes all accounts created by the System Administrator for the common access of its Account.
1.6 "System" shall mean such travel portal and/or booking platform provided by DAKKAK TOURS to You.
2. System AdministratorRights
DAKKAK TOURS shall grant administration rights for the System to You. The system Administrator can subsequently create, activate or suspend as many User Accounts that it administrates that are connected to the Account of the System Administrator. The system administrator shall be responsible for maintaining and monitoring the activities of all its User Accounts as You shall be responsible for all transactions, including bookings, payments and cancellation penalties and other activities in relation to the performance of your Account by your Users.
3. Cancellation and Amendment process
3.1 Confirmed bookings can be cancelled or amended without any charges prior to the cancellation and amendment deadline.
3.2 For each service booked and confirmed, You will be provided with a cancellation or amendment deadline along with any cancellation charges that shall apply if suchservice booked is cancelled or amended after the deadline.
3.3 To avoid cancellation or amendment penalties, the confirmed travel component should be cancelled or amended by You before the date and time specified in the cancellation and amendment deadline.
3.4 Bookings cancelled or amended after the cancellation and amendment deadline shall be automatically invoiced to You with the applicable cancellation or amendment charges. DAKKAKTOURS shall process all refunds as per its cancellation policy.
4. Payments
You shall have the facility to view your Outstanding Statement of Account and your Available Balance online. You are required to make payments as per the due date mentioned in your invoice.
5. Credit Card Fraud &Chargeback
You may use your corporate credit card or your Consumer's credit card for making bookings. A Consumer'scredit card must only be used to pay for bookings of that same Consumer. You shall be responsible for ensuring that a genuine credit card is used for paying for bookings. You are responsible for all credit card verifications & any associated chargebacks by the Bank. A chargeback will be charged to You on receipt of the same from the Bank. In the event the chargeback is reversed,DAKKAK TOURS will then give You credit.
6. Rates & Currency
All rates quoted are inclusive of all taxes and service charges except, City tax, Local Govt, TourismDepartment Taxes etc. which are payable by the Consumer to the hotel directly.
7. Disputed Invoice/s
In the event of a discrepancy, You have to communicate a dispute to DAKKAK TOURS within 07 (seven) days time upon receiving such disputed Statement of Account.
8. Booking Procedures forHotels & Apartments:
- In the event of You requesting for 09 (nine) rooms or more, it shall be considered a group booking. In the event it is discovered that You have actually conducted a group booking, You shall become liable for all additional penalties and costs that may be levied by both the hotel and DAKKAK TOURS. The original booking shall thereafter beinvoiced as a group booking with the inclusion of all such applicable charges.
- In case the hotel/Supplier is not accepting our Services due to any reasons , we shall notify you within 48 hours of the alternative hotel with a similar category or to cancel the booking free of charge.
9. Refunds
Refund requests shall be processed as per the cancellation policy.
10. Onward sales
The onward sale of travel components is Your liability. DAKKA TOURS does not accept any liability for Onward Sales to a Consumer nor does it accept liability for anything which may go wrong with a travel component. DAKKA TOURS is not responsible or liable for any dispute between You and the Consumer arising from the onward sale of a travel component by You to the Consumer. If any claim is made against DAKKAK TOURS following an onward sale by You, then You shall indemnify DAKKAK TOURS against all losses, fees, expenses and costs arising as a result of such claim. DAKKA TOURS is not liable to indemnify You against any negligence, failing, fault or omission on the part of any supplier, owner or controller of any travel component.