Terms of Use

These are the terms and conditions (Terms of Use) which relate to your use of www.safaraktours.com (Website). The Website is operated by RAK Hospitality Logistics LLC, a company registered in Ras Al Khaimah with a place of business at Al Marjan Island, P.O. Box 86000, Ras Al Khaimah, United Arab Emirates (we, us, our). When we refer to ‘you‘ and ‘your‘, we mean the user or browser of this Website.

By browsing the Website you will automatically be considered to have accepted these Terms of Use. If you do not accept these Terms of Use, or any part of them, you should stop using the Website immediately.

We reserve the right to make changes to these Terms of Use, the Website and any product or service described on the Website at any time. Any such change will be effective once reflected in the text of these Terms of Use and published on the Website. You should check the Terms of Use periodically to ensure that you are aware of and complying with the current version. Continued use of the Website after changes have been posted shall be deemed to constitute your acceptance of the amended Terms of Use.

1. About the Website

   The Website allows you to book a variety of experiences and services (each an Experience) provided by us and by various third party suppliers. Each of the Experiences displayed on the Website is made available subject to its own terms and conditions. When you purchase an Experience you will be entering into a contract directly with us.

2. Eligibility

   You shall not be able to purchase Experiences on the Website unless you meet the following criteria:

   (a) you are aged 18 years old or older based on the age of majority in your jurisdiction; and

   (b) you can make payment by a payment method specified on the Website, which includes a valid credit or debit card

3. Bookings
   1. When booking an Experience through the Website you are making an offer to us and, if accepted, the resulting contract will be between you and us. Such contract shall comprise the terms and conditions for that Experience, the email confirmation of your order and any other terms notified to you on the Experience page (Experience Terms). You should carefully review the Experience Terms before you book to make sure you understand them.
   2. By making a purchase you are agreeing to be bound by the Experience Terms, including our Cancellation Policy. All cancellations shall be handled by us in accordance with the terms of our Cancellation Policy.
   3. Should you have any concerns or queries about any Experience advertised on, or which you have booked via, the Website you can contact us directly. You can let us know of any complications you experience by emailing us at bookings@safaraktours.com.
4. Payment and Pricing
   1. Where you purchase an item on the Website you will be redirected to an external payment processing gateway operated by our service partner.
   2. All prices listed on the Website are, to the best of our knowledge, accurate at the time of publishing. However, the Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at our discretion, as they are identified to us. We reserve the right to cancel a booking where there are inaccuracies in the information published. Wherever possible we will however offer you the opportunity to rebook the Experience subject to a correction of the inaccuracy.
   3. All prices listed on the Website are subject to change at any time without notice.
5. Your use of the Website
   1. You agree to use the Website only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of the Website by any other person. In particular but without limitation you must not do anything which is unlawful or which may harass or cause distress or inconvenience to any person or which may otherwise disrupt the normal operation of the Website or transmit any material which is or may be considered obscene, offensive, indecent or contrary to public order or morals. You acknowledge that we may report a breach of this obligation to the relevant law enforcement authorities.
   2. We reserve the right at any time to modify or stop providing the Website or any part or feature of it or any Experience provided via the Website, either temporarily or permanently, with or without giving prior notice to you. We shall not be liable to you for any modification, suspension or discontinuance of the Website.
   3. We do not warrant that the availability of the Website, nor any part of it will be uninterrupted. free from viruses, bugs or other malicious content or that defects in the Website will be corrected. We will not be liable for any loss, damage, expense, cost, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit), which you may incur as a result of the Website or any part of it being unavailable at any time for whatever reason. All warranties implied by law, except those that cannot be lawfully excluded, are excluded.
6. Copyright and trade marks
   1. All copyright and other intellectual property rights and goodwill in or relating to the contents of the Website or to the form, creation, arrangement or design of the Website belong either to us or our third party licensors, unless expressly stated otherwise.
   2. Any trade marks displayed on the Website may be registered and nothing contained in these Terms or Use or on the Website should be construed as granting any licence or right to use any of the trade marks unless we or the owner, as applicable expressly provides their authorisation in writing. In particular and without limitation, the name RAK HOSPITALITY and the associated logo, as well as the names and logos of other companies in our corporate group may not be used in any way, including without limitation in advertising or publicity in respect of the distribution of any of the information contained on this Website without our prior written approval. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained below.
   3. You are allowed to download, reproduce, print and copy extracts of the Website solely for your own personal, domestic non-commercial use. We reserve the right to withdraw this licence at any time by notice on the Website.
   4. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work, distribute or otherwise exploit any of the content of the Website, or anything derived from such content, in any form (whether hard copy, electronic or otherwise). You may not link to the Website without our prior written approval.
   5. The Website may contain links or references to other websites maintained by third parties. Such links are provided solely as a convenience to you. We are not responsible for the content of any websites (including those websites belonging to members of the RAK Hospitality group of companies) that have links with this Website, or for the legal consequence of your entering into any contracts with our group companies or third parties. We do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result.
7. Liability

   Other than in circumstances where liability cannot be excluded pursuant to the applicable law, neither we nor our officers, directors, employees, agents or contractors shall in any circumstances be liable for any loss, damage, expense, cost or other liability, howsoever arising, in connection with your use of the Website and whether direct, indirect or consequential.

8. Compliance with local laws
   1. You assume full responsibility for compliance with all laws and regulations of the country from which you access the Website, including without limitation in respect of the booking of any Experiences appearing on the Website.
   2. In using the Website, you agree that you shall not:

      (a) use the Website for any fraudulent or illegal purpose prohibited by these Terms of Use or the applicable laws; or

      (b) sell, resell, sublicense or distribute the Website; or

      (c) introduce any software, program, code, file or scripts intended to cause harm, including any viruses, worms, Trojan horses, cancelbots or other contaminants; or

      (d) use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website; or

      (e) use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner; or

      (f)  in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; or

      (g) attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, including by hacking, passcode “mining” or any other illegitimate means.

      You agree to cooperate with us fully in connection with any investigation into suspected unauthorised use of the Website or any unlawful, fraudulent or improper activity carried out on the Website.

9. Limitation of Liability
   1. To the fullest extent permitted under the applicable law, we exclude all liability relating to use of the Website and any items purchased on the Website, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
   2. The information displayed on the Website is made available to you on an “as is” basis and has not been delivered with any reference to the particular objectives, situation or needs of you or any other individual user, and is provided without any warranty of any kind either express or implied.
   3. We do not warrant or make any representations regarding the use or the results achieved through use of the Website in terms of its accuracy, timeliness, reliability or otherwise and you release us from all claims arising in connection with the same, whether in contract, tort (including negligence) or otherwise and for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits), including where suffered as a result of any statements or representations made on the Website.
   4. You agree to defend, indemnify and hold us harmless from all costs, expenses and damages suffered in connection with any claim arising directly or indirectly out of your breach of any of these Terms of Use, and in respect of any of your activities conducted on the Website or bookings made on the Website.
10. RAK Hospitality Group

    You agree that all benefits and any other rights granted or provided to us under these Terms of Use are also granted or provided to all other members of the RAK Hospitality group of companies and that you owe the same duty and obligations to the other members of the RAK Hospitality Group as you owe to us. Where your breach of these Terms of Use results in losses being suffered by a member of the RAK Hospitality Group, those losses shall be treated as if they have been suffered by us. We shall be able to recover any loss from you.  Furthermore, any member of the RAK Hospitality Group may enforce the terms of these Terms of Use against you.

11. General
    1. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of these Terms of Use.
    2. If any of the provisions of these Terms of Use are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such provision shall be struck from these Terms of Use and such invalidity or unenforceability will not affect the other provisions of these Terms of Use which shall remain in full force and effect and the parties agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
    3. These Terms of Use, together with the documents referred to in them, constitute the entire agreement and understanding between you and us in respect of the matters dealt with in them.
    4. These Terms of Use are offered by us from and entered into by you in the United Arab Emirates. These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms and your use of the Website, shall be governed by and interpreted in accordance with the laws and regulations of the Emirate of Ras al Khaimah and the federal laws of the United Arab Emirates applicable in the Emirate of Ras al Khaimah.
    5. If you have any questions, concerns or complaints in relation to the Website or these Terms of Use please contact us at info@safaraktours.com
    6. Unless the context otherwise requires references in this Licence to:

       (a) use of the singular includes the plural (and vice versa) and use of any gender includes the other genders;

       (b) persons includes individuals, corporations, and unincorporated bodies or associations that are recognised at law (whether or not having a separate legal personality and irrespective of their jurisdiction or origin, incorporation or residence);

       (c) time shall be construed by reference to the Gregorian calendar;

       (d) the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

       (e) the headings in these Terms of Use are for convenience only and shall not affect the construction or interpretation of these Terms of Use.