Applicability of The Agreement
This agreement ("user agreement") incorporates the terms and conditions for HolidayMarket.ae, owned by AFIA Insurance Brokerage LLC (collectively referred to as "HolidayMarket"), and its services offered through its website and other customer interface channels, including but not limited to salespersons, offices, call centers, advertisements, and information campaigns. The person(s) ("the User") intending to purchase or inquire about any products and/or services of HolidayMarket by using HolidayMarket's websites or any other customer interface channels shall be bound by the terms of this agreement. Both User and HolidayMarket are individually referred to as 'party' to the agreement and collectively referred to as 'parties.'
User's Responsibility of Cognizance
The Users availing services from HolidayMarket shall be deemed to have read, understood, and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by HolidayMarket for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or HolidayMarket with respect to any services provided by HolidayMarket shall be restricted to the scope of this agreement.
HolidayMarket reserves the right, in its sole discretion, to terminate access to any or all HolidayMarket websites or its other sales channels and related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/products provided by HolidayMarket, such as flight bookings, holiday packages, etc. Such TOS will be provided/updated by HolidayMarket and shall be deemed a part of this Agreement. In the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/product availed by the User. Additionally, the Service Provider may provide terms and guidelines governing particular features, offers, or operating rules and policies applicable to each service (e.g., flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms set forth in the Service Provider's fare rules, contract of carriage, or other rules.
Third-Party Account Information
By using the Account Access service on HolidayMarket websites, the User authorizes HolidayMarket and its agents to access third-party sites, including those of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify HolidayMarket immediately in writing of any unauthorized use of their password or account or any other breach of security. HolidayMarket will not be liable for any loss incurred by the User as a result of unauthorized use of their password or account, either with or without their knowledge. The User shall not use anyone else's password at any time.
Confidentiality
Any information which is specifically mentioned by HolidayMarket as Confidential shall be maintained confidentially by the user and shall not be disclosed unless required by law or to serve the purpose of this agreement and the obligations of both parties therein.
Website And Mobile App Usage
Your use of any information or materials on the website and mobile app is entirely at your own risk, for which HolidayMarket shall not undertake any liability. It shall be your own accountability to ensure that any products, services, or information available through our website or app meet your explicit specifications.
You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing, or selling any information, software, products, or services acquired from this website or app. Duplication of content from the website and app is forbidden in accordance with the copyright notice and forms a part of the Terms of Use. Additionally, HolidayMarket reserves private rights to modify, revise, and delete any of the contents without giving prior notice to any person.
Onus Of The User
HolidayMarket is responsible only for the transactions done by the User through HolidayMarket. HolidayMarket will not be responsible for screening, censoring, or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The accuracy of the data and bookings has to be cross-verified by the user. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding the use of the services with respect to the jurisdiction concerned for each transaction.
Insurance
Unless explicitly provided by HolidayMarket in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user, and HolidayMarket does not accept any claims arising out of such scenarios.
Insurance, if any, provided as part of the service/product by HolidayMarket shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes, and HolidayMarket shall not provide any express or implied undertakings for acceptance of claims by the insurance company.
Force Majeure Circumstances
The user agrees that there can be exceptional circumstances where service operators like airlines, hotels, transportation providers, or concerns may be unable to honor confirmed bookings due to reasons like climatic conditions, labor unrest, insolvency, government decisions, operational and technical issues, flight cancellations, etc. If HolidayMarket is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide a similar alternative to its customers or refund the booking amount after reasonable service charges if supported and refunded by the respective service operators. The user agrees that HolidayMarket, being an agent for facilitating the booking services, shall not be responsible for such circumstances, and customers must contact the service provider directly for further resolutions and refunds.
HolidayMarket shall not be liable for delays or inability to perform, or nonperformance in whole or in part, due to causes beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism, or other similar causes. The user affected will be promptly notified as the situation permits.
Indemnification
The User agrees to indemnify, defend, and hold harmless HolidayMarket and/or its affiliates, their websites, and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees and disbursements) that arise out of or result from any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country-specific rules and regulations, and HolidayMarket cannot be held responsible for the same.
Right To Refuse
HolidayMarket at its sole discretion reserves the right not to accept any customer order without assigning any reason. Any contract to provide any service by HolidayMarket is not complete until full payment is received from the customer and accepted by HolidayMarket.
Without prejudice to other remedies available to HolidayMarket under this agreement, the TOS, or applicable law, HolidayMarket may limit the user's activity, suspend or terminate the user's registration, and/or refuse to provide the user access to the website if:
- The user is in breach of this agreement or the TOS.
- HolidayMarket is unable to verify or authenticate any information provided by the user.
- HolidayMarket believes that the user's actions may infringe on any third-party rights or breach applicable law.
Jurisdiction
HolidayMarket hereby expressly disclaims any implied warranties imposed by the laws of any jurisdiction or country other than those where it operates. HolidayMarket considers itself subject to the jurisdiction only of the courts of Dubai, UAE.
Responsibilities of User Vis-a-Vis The Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent HolidayMarket acts only as a booking agent on behalf of third-party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. HolidayMarket may change the features or functionality of the services at any time, without notice.
Modification of These Terms of Use
HolidayMarket reserves the right to change the terms, conditions, and notices under which the HolidayMarket websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Usage of Customer's Holiday Pictures
Any picture or video shared by customers during or after their trip via support groups or emails will be used on HolidayMarket's social media platforms. If the User is not comfortable with this, they may contact HolidayMarket at info@holidaymarket.ae, and their request will be immediately addressed.
User Agreement
This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products (“Services”) of HolidayMarket.ae Travel & Tourism LLC ("HolidayMarket.ae").
Any person ("User") who inquires about or purchases any Service provided by HolidayMarket.ae Global or HolidayMarket.ae UAE (i.e., where country/region selected is Global or UAE) through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of HolidayMarket.ae are collectively referred to as "Website."
The User must be at least 21 years of age and must possess the legal authority to enter into an agreement so as to become a User and use the Services of HolidayMarket.ae. If you are a minor or are below the age of 21 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor, if you wish to use or transact on the Website, such use or transaction shall only be made by a person with legal capacity (tutor or guardian), on behalf of the minor. The User shall be eligible to access the Website in accordance with the applicable law of the land. HolidayMarket.ae reserves the right to terminate the membership of any individual and/or block access to the Website if such individual is a minor or incompetent to contract according to the laws and regulations governing this User Agreement.
Before using the Website, approaching any Sales Channels, or procuring the Services of HolidayMarket.ae, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted the terms and conditions of this User Agreement as a binding document that governs User's dealings and transactions with HolidayMarket.ae. If the User does not agree with any part of this User Agreement, then the User must not avail HolidayMarket.ae's Services and must not access, browse or approach the Sales Channels of HolidayMarket.ae.
All rights and liabilities of the User and HolidayMarket.ae with respect to any of the Services facilitated by HolidayMarket.ae shall be restricted to the scope of this User Agreement.
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, proprietary logos, service marks, trademarks, graphics, figures, database rights and such other content (altogether referred to as "Content") are owned by or licensed to HolidayMarket.ae, and protected under applicable intellectual property laws. User cannot use, copy, reproduce, license, adapt, distribute, exchange, modify, sell, publish or translate, both electronically and otherwise, the Content for any other purpose, except as specified herein. The User also understands that, by using the Services or the Website, the User will not acquire any right, title or interest in or to the Content.
User agrees to follow all the instructions provided by HolidayMarket.ae from time to time, which will prescribe the way a User may use the Content.
There are a number of proprietary logos, service marks, and trademarks displayed on the Website and through other Sales Channels of HolidayMarket.ae, as may be applicable. HolidayMarket.ae does not grant the User a license, right or authority to utilize such Content in any manner. Any unauthorized use of the Content will be in violation of the applicable law.
HolidayMarket.ae respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice of the alleged infringement which must include the following information:
- Clear identification of the protected work that you claim has been infringed;
- Location of the material on the Website, including but not limited to the link of the infringing material;
- Proof that the alleged copyrighted work is owned by you;
- Your contact information.
The Website is meant to be used by bona fide User(s) only for a lawful purpose.
This website is owned, controlled and managed by HolidayMarket.ae Travel and Tourism LLC.
User shall not distribute, exchange, modify, sell, or transmit anything from the Website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose; nor shall the User attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website or the Services as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to the registered User(s). The process of registration may require the User to answer certain questions or provide certain specific information that may or may not be personal in nature. Some such fields may be mandatory or optional. The User represents and warrants that all information supplied to HolidayMarket.ae is true, correct, and accurate.
HolidayMarket.ae reserves the right, in its sole discretion, to terminate or limit the access to the Website and the Services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever, without having to notify the User in this regard.
HolidayMarket.ae will make commercially reasonable endeavors to ensure that the Content on the Website and on other Sales Channels are free of any virus or such other malwares. However, does not guarantee that the Website or other Sales Channels will be secure or free from viruses, and any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User's own discretion and risk, and the User shall be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
HolidayMarket.ae reserves the right to periodically make improvements or changes to the Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to report@holidaymarket.ae. On receiving such report, HolidayMarket.ae reserves the right to investigate and/or take such action as the Company may deem appropriate.
HolidayMarket.ae may offer and generate various promotion codes, discount vouchers and run promotional offers (“collectively Promotional Offers”) from time to time which may be availed on the Website for a discount, if applicable. HolidayMarket.ae, at its sole discretion, may add, change or withdraw existing ones without any prior notice.
The User and HolidayMarket.ae are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
The "Terms of Service" available on HolidayMarket.ae's website sets out the terms & conditions applicable to the various Services offered by HolidayMarket.ae. The User should refer to the relevant Terms of Service applicable for the Service booked by the User through the Website. The applicable Terms of Service for the respective Service shall be binding on the User.
Except with the prior registration with HolidayMarket.ae as B2B agents, priority partner or a franchisee, and explicit permission of HolidayMarket.ae to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are explicitly barred from using this Website for any commercial or resale purpose. If any such bookings are detected, HolidayMarket.ae reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such Travel Agents (or User) and also to withhold payments or any refunds thereto. HolidayMarket.ae shall not be held liable for any indirect, consequential, punitive of incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All Promotional Offers mentioned on the Website are applicable only to the User(s) of HolidayMarket.ae for legitimate bookings. Travel Agents, and all Users, are not allowed to use the Website for making any fictitious, fraudulent or 'double’ bookings of the Services including for the purpose of unduly enriching themselves with commissions or any promotional schemes offered by HolidayMarket.ae.
While registering on the Website, the User will have to choose a password to access the User's respective account and shall be solely responsible for maintaining the secrecy and confidentiality of the credentials as well as for all the activities undertaken thereon. It is the duty of the User to notify HolidayMarket.ae immediately in writing of any unauthorized use of their password or credentials or any other breach of security. HolidayMarket.ae will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or credentials, either with or without the User's knowledge. The User shall not use anyone else's account at any time, without prior express consent. Any loss or misuse of login credentials must be reported to privacy@holidaymarket.ae immediately.
The User acknowledges that any personal data (as defined in the Privacy Policy) which the User submits to or via HolidayMarket.ae’s Services or Website or any other Sales Channel may be used by HolidayMarket.ae in accordance with its Privacy Policy and the applicable laws and registrations. The User agrees to ensure that all personal data provided is accurate and up to date and that the User has all consents, licenses, or approvals necessary to allow HolidayMarket.ae to use that information in accordance with this User Agreement, the Privacy Policy, and the applicable law.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Service, as per the applicable laws and regulations.
In addition to the cost of booking as charged by the Service Providers, HolidayMarket.ae reserves the right to charge certain fees in the nature of convenience fees. HolidayMarket.ae further reserves the right to alter any and all fees from time to time. Any such additional fees, including fees towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee, etc., owing to any technical error or other reason, HolidayMarket.ae shall reserve the right to deduct, charge or claim the balance amount from the User, and the User shall pay such balance amount to HolidayMarket.ae. In cases where the short charge is claimed prior to the utilization of the booking, HolidayMarket.ae will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by HolidayMarket.ae on account of a change in the rate of taxes or imposition of new taxes, levies by the Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, HolidayMarket.ae will process the refund of the booking amount paid by the User and intimate the User about the same. HolidayMarket.ae is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and HolidayMarket.ae as the case may be.
The User agrees and understands that all payments shall only be made to bank accounts of HolidayMarket.ae. HolidayMarket.ae or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of HolidayMarket.ae. The User agrees that HolidayMarket.ae shall not be held liable if the User transfers any amount against any booking or transaction to any bank account that is not legitimately held by HolidayMarket.ae or to any personal account of any person. User shall not hold any right to recover from HolidayMarket.ae any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. with any person including the agents, employees or representatives of HolidayMarket.ae. The User shall immediately inform HolidayMarket.ae if such details are demanded by any of its agents, employees or representatives. HolidayMarket.ae shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled and/or missing bookings will always be processed to the respective account or the banking instrument (credit card, wallet, etc.) from which payment was made for that booking.
HolidayMarket.ae under no circumstances is responsible for a User missing its flight or for a no-show or for any unutilized bookings. Refund, if any in such cases shall be as per the applicable policy of the Service Provider and shall be made to the User upon receipt of the same from the Service Provider. HolidayMarket.ae further advises the User to make a request for a refund within 180 days of the missed check-in date (unless a shorter time period has been specified by the Service Provider), after which all amounts towards refund for no-show or unutilized bookings shall be deemed to be forfeited.
Booking(s) made by the User through HolidayMarket.ae are subject to the applicable cancellation policy as set out on the booking confirmation or as communicated to the Users in writing.
HolidayMarket.ae provides various modes of making payments on the Website for transacting, like Credit/Debit Cards of various banks, Net Banking facility of all major banks, HolidayMarket.ae and third-party Wallets, Gift Cards, and more.
Any money deposited in the HolidayMarket.ae wallet by the User will be maintained in the same form and currency as deposited, and this amount may be used by the User solely as a means of making payments for bookings made through the Website, in accordance with the User Agreement.
HolidayMarket.ae will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking. Nevertheless, HolidayMarket.ae is not responsible for the receipt by the User of the foregoing.
HolidayMarket.ae may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode used by HolidayMarket.ae are:
- upon the request and authorization of the User;
- 'transactional' and not “promotional' as per the rules and regulations of Telecom and Digital Regulation Authority of the UAE (“TDRA”), and
- in compliance with the relevant guidelines of TDRA or any such other authority in the UAE.
The User will indemnify HolidayMarket.ae against all types of losses and damages incurred by HolidayMarket.ae due to any action taken by TDRA or any other authority due to any erroneous complaint raised by the User on HolidayMarket.ae with respect to the communications mentioned above or due to a wrong number or email ID being provided by the User for any reason whatsoever.