LEGAL CONDITIONS AND DISCLAIMER
Thank you for visiting our website at www.touristino.com ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and to be bound by, these Terms. Touristino may, from time to time, change these Terms in its sole discretion. Any such change in the Terms will be effective once published on the Site. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed.
USE OF SITE
The Site is provided to make available to you information about airline tickets, hotels, tours, excursions, tourist attractions, visa requirements and promotional offers and to provide you with a facility to book these online. The Site is not provided for any other purposes. The Site is intended only for your personal, non-commercial use. Unless otherwise specified, you alone are solely responsible for determining whether any product or service is appropriate or suitable for your requirements. You must not use the Site in any manner that will, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers, interfere with any other party's use of the Site or to contravene any applicable laws or any other party's rights.
You agree not to upload, post, distribute or otherwise publish on this Site any material that: (i) is libellous, defamatory, obscene, suggestive, abusive, pornographic, harassing, threatening, inflammatory, offensive to any religious or moral groups, an invasion of privacy or otherwise objectionable, in the sole judgment of Touristino; (ii) infringes the intellectual property rights of any person or entity; (iii) is in contravention of any applicable laws or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content uploaded by you to the Site.
You use the Site entirely at your own risk. You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access. Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Site other than as allowed by these Terms, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
ELIGIBILITY TO USE THE SITE
In order to access the Site, you must satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar) and have full legal capacity. Any person under the age of 21 years (measured according to the Gregorian calendar) accessing the Site must have permission from their parent or guardian to do so. You warrant, represent and undertake that you possess the legal right and ability to access the Site in accordance with these Terms and, where relevant, to make purchases through the Site.
You may not link to the Site without the written prior approval of Touristino. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page, subject to Touristino's prior approval. Touristino reserves the right to withdraw linking permission without notice.
Services offered on the Site may be provided by us or by approved third party suppliers. Parts of the Site, including the provision of payment processing or other services offered via the Site, may be outsourced by us to third party suppliers. Separate terms and conditions will apply to your reservation and purchase of travel-related products and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Your booking may be cancelled if full payment is not received in a timely fashion. You acknowledge that some third party suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Touristino or its suppliers debiting your account for any costs Touristino or its suppliers incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
This Site must not be used for speculative, false or fraudulent bookings. You warrant, represent and undertake that all information you provide about yourself and others is true and accurate. All bookings made on this Site are subject to the relevant supplier's booking conditions in addition to these Terms. In the event of a conflict between the provisions of the relevant supplier's booking conditions and these Terms, these Terms will prevail, but only to the extent of the conflict. We recommend that you print a copy of the applicable booking conditions when making a booking.
CANCELLATION AND AMENDMENT
Due to events beyond our and/or our supplier's control (as applicable), it may be necessary to cancel any booking made by you through this Site.
You must notify us and/or the relevant third party supplier (as applicable) immediately if you intend to cancel any booking made by you through this Site. If you cancel any booking made by you through this Site, you may be required to pay a cancellation fee.
Touristino reserves the right to set-off any cancellation fee payable by you against any fees or deposits that you may have paid to us in respect of the booking being cancelled by you.
You must notify us and/or the relevant third party supplier (as applicable) immediately of any request to change any booking made by you through this Site. You may be charged for any change made to any booking made by you through this Site. Any charges will be based on the relevant prices applicable at the time the change is made. We and/or the relevant third party supplier (as applicable) may not change your booking in accordance with your request. We and/or the relevant third party supplier (as applicable) may charge you an administration fee if any change is made to your booking. We and/or the relevant third party supplier (as applicable) will determine, at our sole discretion, the amount of any administration fee payable by you to us.
You agree to pay any supplier the applicable cancellation or change fees. In limited cases, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the relevant reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
Unless otherwise expressly stated, all prices on this Site are exclusive of all taxes, fuel surcharges, insurance levies, and airport taxes. Further information is available upon request. All prices are in UAE Dirhams.
In advising you of prices and availability of any product or package through this Site, we are reliant on information supplied to us by our suppliers and other third parties, and therefore prices and availability stated on the Site are subject to change at any time until your booking is confirmed and the relevant payment process is completed. While we will endeavour to ensure the information on this Site is as accurate and up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information.
Special offers may be advertised on the Site at any time, and these offers are not applicable to any transactions that have already been confirmed.
We accept all major international credit and debit cards (each a Card). Your Card will be debited when you click the 'confirm payment' button. The Card must be in the name of one person forming part of the booking and must be carried at the relevant booked activity is undertaken. The Card may need to be presented to third parties for identity verification.
Your will be asked to supply us with the correct Card billing and cardholder information (Payment Information). If you do not supply the correct Payment Information, the purchase of products or services from the Site may be delayed and the overall cost of your purchase may increase. We reserve the right to cancel products or services purchased from the Site if payment is declined or if you have supplied incorrect Payment Information.
Charges may be incurred by us or by our suppliers when a booking is made through this Site using a Card. We or our suppliers reserve the right to pass on to you, in full, any charges incurred by us or them in connection with any booking made through this Site by you using a Card. We or our suppliers will let you know of any applicable charges prior to you clicking the 'confirm payment' button.
THIRD PARTY COMPANIES, PRODUCTS, SERVICES AND MATERIALS
The Site may contain information about businesses or links to websites which are owned or operated by third parties independent of us including but not limited to carriers, hoteliers and tour operators (Third Party Companies) or material, including services, products, information, graphics or data, in relation to such Third Party Companies (Third Party Material). We make no representations in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and Third Party Material is entirely at your own risk. Any questions or comments relating to such other third party websites should be addressed to the operator or operators of those websites.
The Site may contain or link to information about special offers, deals or promotions by persons not related to or part of our company (Third Party Offers). The inclusion of any Third Party Offer on the Site does not imply any sponsorship, endorsement, verification or approval of any Third Party Offers, or any Third Party Material associated with these offers.
Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever: (i) regarding the quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or (ii) that Third Party Material does not infringe the intellectual property rights of any person.
We are not, by providing links on the Site to Third Party Companies or Third Party Material, approving, verifying or authorising in any way the reproduction of Third Party Material, or endorsing the products and services of the Third Party Companies.
Third Party Companies are independent contractors and are not agents or employees of us.
Material in this Site (including Third Party Material) may contain inaccuracies or typographical errors. Touristino shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
Touristino reserves the right at any time to modify the Site, temporarily or permanently suspend access to or stop providing the Site or any part of it to you, with or without notice.
In order to make use of certain parts of the Site, you will need to register an online account with us through this Site (Online Account). In order to register an Online Account, you must: (a) satisfy the minimum age requirement of 21 years (measured according to the Gregorian calendar); (b) provide us with complete and accurate registration information; (c) ensure your use of the Site is in accordance with these Terms and any applicable laws; and (d) select a username and password (Log-In Details).
By registering an Online Account with us you warrant, represent and undertake that: (a) you meet the minimum age requirement; (b) you have given complete and accurate registration information, and will keep that information updated; and (c) your use of the Site does not breach any applicable laws. You may cancel your Online Account at any time by notifying us. We may terminate your Online Account for any reason, at any time, without notice to you and without incurring any liability to you.
In order to use the Site and your Online Account, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).
You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Site and your Online Account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.
Your Online Account may be suspended and your access to the Site may be terminated at any time by us without notice to you. However, all restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOURISTINO MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TOURISTINO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT TOURISTINO OR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE.
NOTHING IN THESE TERMS SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE TOURISTINO'S LIABILITY FOR FRAUD, FOR PERSONAL INJURY OR FOR DEATH CAUSED BY ITS NEGLIGENCE.
TOURISTINO'S AGGREGATE LIABILITY TO YOU ARISING OUT, OF YOUR USE OF THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF USD 100 OR THE VALUE OF ANY PRODUCT OR SERVICE PURCHASED BY YOU THROUGH THE SITE (IF ANY). OTHER THAN IN CIRCUMSTANCES WHICH CANNOT PROPERLY BE EXCLUDED BY LAW: (i) IN NO CIRCUMSTANCES SHALL TOURISTINO OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE, COSTS, DELAYS OR OTHER LIABILITY, HOWSOEVER ARISING, IN CONNECTION WITH THE UNAVAILABILITY OF PART OR ALL OF THE SITE FOR ANY REASON; (II) AS A RESULT OF YOUR ACCESSING A THIRD PARTY SITE THROUGH A LINK ON THE SITE; (III) AND/OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, INJURY OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITY.
TOURISTINO WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH IT DOES NOT HAVE CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORISED ACCESS, ACTS OR OMISSIONS OF THIRD PARTIES, VIRUSES, THEFT OR OPERATOR ERRORS.
THE CARRIERS, HOTELS, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TOUR, TRAVEL OR OTHER SERVICES FOR TOURISTINO ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TOURISTINO. TOURISTINO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TOURISTINO HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, RE-BOOKING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree to defend, indemnify and hold harmless Touristino, its affiliates, its suppliers and their officers, directors and employees from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site or any breach of these Terms.
COPYRIGHT AND TRADEMARKS
All copyright, trade marks and/or other intellectual property rights relating to the content of the Site or to the design of the Site are owned by Touristino or used with permission of third party licensors, unless stated otherwise. Such materials include, but are not limited to the Site design and layout, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trade marks and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide. The name and mark Touristino and SADIKO GENERAL TRADING LLC, the logo and all other TOURISTINO related marks depicted in this Site, whether registered or unregistered, are trade marks or service marks of Touristino or its licensors (the Trade Marks). Nothing contained in these Terms or on the Site should be construed as granting any licence or right to use any of the Trade Marks. You may not use and/or reproduce the Trade Marks without the express prior written consent of Touristino.
In particular (and without limitation), none of the names or logos of Touristino or its third party licensors may be used in any way, including in advertising or publicity without our prior written approval. The materials contained in this Site are displayed for informational purposes only. This Site is solely for private, personal, and non-commercial use. The material in this Site is not intended to be an inducement, offer claim or endorsement in respect of any products or services described on the Site. You may download or copy materials in this Site solely for your personal non-commercial use. We reserve the right to withdraw this licence at any time. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying.
You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, upload to a third party website, frame, store (for any period of time) in any electronic or any other retrieval system, sell or participate in any sale of or otherwise exploit, this Site, any of the materials in this Site, or any related software without our specific prior written consent. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Touristino, is strictly prohibited.
If any provisions of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that provision is found to be illegal, invalid or unenforceable, it shall be deleted and the remaining terms and conditions shall survive and shall continue to be binding and enforceable.
The law applicable to the Site and to disputes arising out of the Site are the laws of the Emirate of Dubai, United Arab Emirates. You irrevocably submit to the exclusive jurisdiction of the courts of the Emirate of Dubai. We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third party. We may assign any or all of our rights and obligations under these Terms to any third party. If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms or otherwise, and includes the right to rely on this clause.