Introduction
Thank you for visiting the Amsalem website. These Booking Terms and Conditions (the “Booking Terms and Conditions“), along with the information set out in Your booking confirmation email (the “Booking Confirmation“) set out the terms on which Amsalem Business Travel UK Limited (“Amsalem” or “We/“Us”) agrees to make available the Services to You through the Website (see defined terms below).
These Booking Terms and Conditions, the Booking Confirmation and the relevant Rules and Restrictions also set out the terms on which the Third Party Providers agree to provide the Services to You.
The Services made available by Amsalem and Third Party Providers via this Website can only be used by Customers who have first read these Booking Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance.
By accessing and using the Website, You agree to be legally bound by these Booking Terms and Conditions without limitation, exception, modification or qualification. If You do not intend to be legally bound by the Booking Terms and Conditions, do not access and use the Website. Amsalem reserves the right in its sole discretion to deny You access to the Website at any time.
Customers undertake to fulfil the obligations contained within these Booking Terms and Conditions. The agreement between Customers and the applicable Third Party Provider comes into force as soon as written confirmation of a booking is provided to Customer with the Booking Confirmation.
Customers should save and/or print a copy of these Booking Terms and Conditions for future reference when making a booking.
Clause 1. General Information
- What these Booking Terms and Conditions cover. These are the terms and conditions on which we supply Services to You.
- Why You should read them. Please read these Booking Terms and Conditions carefully before You submit Your order to us. These Booking Terms and Conditions tell You who we are, how we will provide products to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these Booking Terms and Conditions, please contact Us.
- Information about us and how to contact Us.
- Who We are. We are Amsalem Business Travel UK Limited a company registered in England and Wales. Our company registration number is 04283077 and our registered office is at 8th Floor Becket House, 36 Old Jewry, London, EC2R 8DD. Our registered VAT number is 1264374 20.
- How to contact Us. You can contact us by telephoning our customer service team (“Customer Services”) at 020 3750 1821 or by writing to us at [email protected].
- Definitions.
- “Administrative Charge” means the fee charged by Amsalem for any modifications or cancellations to your booking of the Service. You will be informed as to the amount of the Administrative Charge before it is incurred.
- “Customer” (or “You”/“Your“) means a customer who reserves and/or books one or more Services offered on the Website.
- “Flight” means the offer of passage by airplane to destination through the selected airline carrier. We display the flights offered on our Website along with the information about the airport and landing, flight duration and identification of the selected carrier or its codeshare partner. The duration of the flight may also include technical stops made by the appropriate operational operator during the flight from the departure port to the port of arrival on one flight segment of Your journey. “Flight” can also be interpreted for two or more flights to carry You to Your destination.
- “Flight Destination” means the airport You choose for the Flight offered to You on our Website. You can order a flight package to more than one destination (in multi-destination configuration), and there are situations where the airport to which You arrive and the airport from which You leave are different.
- “Insurance” means a policy of insurance in relation to the Services. Amsalem do not offer Insurance, but may direct Customers to appropriate Insurance providers, through the Website.
- “Lead Customer” means the Customer who makes a booking for themselves and/or on behalf of others under the same booking.
- “Rules and Restrictions” means the terms and conditions applicable to the Services provided by the Third Party Providers (including, amongst others, accommodation provider rules and restrictions, and airlines’ conditions of carriage).
- “Service” means a service offered on the Website, including but not limited to air transport services, airport lounge services, accommodation services, car hire services, airport transfers and chauffeur services.
- “Third Party Provider” means the principal provider who makes the Services available, for example, an airline, who (i) makes the Services available to the Customer directly; or (ii) fulfils the Services where Amsalem makes the Service available to the Customer.
- “Unavoidable and Extraordinary Circumstances” has the meaning set out in Clause 3.14.
- “Website” means the www.amsalem.co.uk website.
- Scope and Your relationship with Amsalem.
- Amsalem operates the Website which acts as an interface between You and the various Third Party Providers offering the Services. When You make a booking for a Service using the Website, You will be entering into a contract with Amsalem, subject to your acceptance of the Rules and Restrictions of the relevant Third Party Providers for that Service.
- Any purchase of Services by You are subject to the terms and conditions of the airline carrier, as set forth in each carrier’s website and printed on or in any ticket, ticket jacket or e-ticket receipt or otherwise made known. By purchasing a ticket or accepting transportation, You are agreeing to be bound by these Booking Terms and Conditions and any agreements of the airline carrier including but not limited to limits of liability for delayed or cancelled Flights; damage or loss of baggage, including fragile or perishable goods; claim restrictions, including time periods within which a passenger must file a claim or bring an action against a carrier; prohibition of right to change terms of the contract of carriage; rules on reconfirmation of reservations, check-in times and refusal to carry; refusal to transport You; carriers’ rights and limits on liability for delay or failure to perform service, including schedule changes, substitution of alternate airline carrier or aircraft, and rerouting. If You are embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure You are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaties), as well as an airline carrier’s own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of airline carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage.
- You are responsible for complying with all requirements of travel including applicable laws and security restrictions established by each country and state of travel. You agree that We have no liability whatsoever for any failure, negligence or mistakes on Your part for compliance with these laws and requirements. Any additional costs or delays for lack of proper legal compliance is at Your risk and cost and You agree that no claim may be brought against Amsalem for liability as a result. It is Your obligation to investigate and understand all Rules and Restrictions and laws of airline travel for Your Flight Destination including beginning, ending and interim points.
- The Booking Terms and Conditions can be changed by Amsalem and the Rules and Restrictions can be changed by the Third Party Providers at any time without prior notice, although such changes will not apply to bookings that have already been accepted by Amsalem on behalf of the applicable Third Party Providers concerned. It is therefore essential that You read, save and/or print a copy of the Booking Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.
Clause 2. Booking via the Website
- The Customer’s legal authority. The Website helps You find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Third Party Providers. The Lead Customer must be at least 18 years old, be legally authorised to enter into contractual obligations at the time of booking, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these Booking Terms and Conditions. The Lead Customer must also ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Terms and Conditions and that the Lead Customer has the authority to accept and does accept these Booking Terms and Conditions on behalf of all customers in the booking. The Lead Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking. The Lead Customer agrees to check all descriptions on the travel documentation received after booking and to inform Us immediately of any errors or instances including where personal details do not correspond with those shown on the passports of those travelling under the booking. The Lead Customer is responsible for his/her activities on the Website (financially or otherwise), including the possible use of his/her user name and password. The Customer guarantees that the information entered by him/her on the Website in relation to him/her and, if applicable, his/her travelling companions is accurate. Any use of the Website that is fraudulent or is in conflict with these Booking Terms and Conditions shall be reason for refusing Customers access to the Services offered by Amsalem and the Third Party Providers or to the other functionalities of the Website.
- Confirming, changing and cancelling bookings
- Confirming. The Booking Confirmation, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Lead Customer by e-mail. If the Lead Customer does not receive a Booking Confirmation e-mail within 24 hours of placing the booking, he/she should contact Customer Services as set out in clause 1.3.2. It is expressly agreed that the data stored in the information systems of Amsalem and/or Third Party Providers shall constitute proof with respect to the bookings made by the Lead Customer. Data stored in computers or electronic media are valid proof and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
- Cancellation. Airline Flight tickets, may be non-refundable, non-cancellable, restricted or a ticket with other conditions and is subject to the airline carrier’s terms and conditions, Rules and Restrictions including but not limited to one or more of the following:
- the ticket may not be refundable;
- the ticket may not be refundable but can be exchanged for a fee for another restricted fare ticket meeting all the Rules and Restrictions of the original ticket including the payment of any difference in fares;
- a fee may apply for changing or cancelling a Flight;
- select tickets may not be eligible for refunds or changes even for a fee;
- select tickets have no residual value and cannot be applied towards the purchase of future travel; or
- travel may be restricted to specific Flights and/or times and minimum and/or maximum stay may be required. Each airline carrier reserves the right to (i) refuse carriage to any person who has acquired a ticket in violation of any airline carriers’ tariffs, rules or regulations, or in violation of any applicable national, federal, state, international, or local law order, regulation or ordinance; and (ii) change or modify any of its conditions of contract with or without notice to ticketed passengers.
- Change of booking. If after making the booking the Customer wants to change the trip with respect to the date of travel or the destination, the Customer should contact Customer Services as set out in clause 1.3.2. A fee may be imposed by the applicable Third Party Provider in the event of a change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details. If a Customer wishes to change any part of a booking, and if such change is permitted by the applicable Third Party Provider, then an Amsalem Administrative Charge will apply in addition to any fees imposed by the relevant Third Party Provider. Amsalem (and the applicable Third Party Provider) reserve the right to cancel a Customer’s booking if full payment for any applicable Administrative Charge or fee relating to a booking is not received in a timely fashion.
- Reimbursements. In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as Amsalem or a Third Party Provider such as may appear on Customer’s credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note that while the average time for a refund of a flight booking is 2 months, refunds of flight bookings and other Services may take up to 6 months. Customers should note that Amsalem’s ability to provide a reimbursement is dependent on the Third Party Provider’s reimbursement policy, and Amsalem is only able to issue a reimbursement or equivalent service credit once it is received from the Third Party Provider. If the Third Party Provider is unable to offer a reimbursement or equivalent service credit the Customer shall not be entitled to any refund, fee, reimbursement or equivalent compensation from Amsalem.
- Restricted fares. Unless otherwise stated by the Customer, it is assumed that the Customer requires the least expensive travel Services. Such Services (e.g. “economy class” fares) may be provided without any possibility of modification or cancellation. In such cases, the Services cannot be provided in a different manner or at a different time or place to those contracted.
- Travel documents. The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Lead Customer when making his/her reservation. Should a customer require physical delivery of a travel document, Amsalem reserves the right to charge a non-refundable fee which will be notified at the time of booking to post or courier travel documents to Customers. Amsalem does not guarantee any delivery times and will not be responsible for physical travel documents sent by post or courier not reaching the Customer before the departure date (whether due to failure by the delivery service chosen or otherwise). Customers should allow sufficient time for the chosen delivery method to ensure that they receive their physical travel documents in advance of their date of travel. It is the Lead Customer’s responsibility to ensure that the address they provide for postal or courier delivery of tickets is correct. If the delivery of travel documents is impossible because of an error made by the Lead Customer in providing his/her personal details, neither the Third Party Providers nor Amsalem shall be liable.
Clause 3. Flights
- Amsalem as an interface. Amsalem operates the Website, which acts as an interface between the Customer and the Third Party Provider with respect to offering and making available all Services. Amsalem acts as an Agent for Your purchase with the Third Party Provider. In the event of any conflict or inconsistency between the Booking Terms and Conditions and the Rules and Restrictions which are incorporated into these Booking Terms and Conditions, the Rules and Restrictions will prevail. The Rules and Restrictions are made available prior to making a booking. Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of Amsalem.
- Prices and fees. Payments for Services made on the Website are made to either Amsalem or directly to our affiliate partners and third-party suppliers. As a global Website, You may be required to make payment in a foreign currency. We are not responsible for any exchange rates received during the booking by the credit card company or bank and we are not responsible for any fees You incur. You are responsible for all taxes; facility fees; other fees; fuel surcharges; baggage fees; fees related to the Flight such as seat selection, early boarding, and charges related to Your purchase; Flight change fees; cancellation fees; and any other monies due of any kind regardless of when due and including any taxes collected at the airport by the airline carrier or government entity. Most airline carriers charge an additional fee for other services such as a fee for carry-on baggage, checked baggage, overweight baggage, oversized baggage, boarding priority, Wi-Fi use, seat allocation and entertainment system. We take no liability for listing errors, omissions or changes to fees during the booking process. By making a purchase, You agree that You have reviewed and accept the terms and conditions of the airline carrier and its code sharing partner, if any, and agree to accept all taxes, fees and costs of the Flight including fees and charges imposed by the airline carrier after the purchase. Some low-cost Flights originating outside of the UK may be in another currency (e.g. EUR), which we will provide an estimate for in GBP. The actual amount charged by the low-cost carrier may slightly differ due to varying exchange rates applied by different card issuers. In addition, Your statement may include a non-sterling transaction fee charged by Your card issuer to process the transaction. Amsalem is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.
- Codeshare partners. A Flight purchased on the Website may be for an airline carrier using a codeshare partner under a different name or company. This means that on certain routes, the airline selling the Flight does not use its aircraft to fly to the Flight Destination but instead contracts with an airline partner to fly to the Flight Destination. The codeshare airline operating the Flight is registered as “operated by”. The rules contained in the airline carrier’s contract of carriage with respect to ticketing will apply to the airline carriers’ codeshare services on Flights operated by another carrier and also each codeshare partner’s terms and conditions for operation of its own flights which may differ from those set forth in the purchased airline carrier’s contract of carriage. Those terms and conditions, which are found in the partner’s contract of carriage for that partner’s flights, are incorporated into the airline carrier’s contract of carriage for the purchased Flight by reference and apply to codeshare services provided by that partner, which supersede the purchased airline carrier’s rules that would be otherwise applicable. Some of the terms and conditions that may differ include but are not limited to check-in time limits; unaccompanied minors; carriage of animals; refusal to transport; oxygen service; irregular operations; flight diversion; denied boarding compensation; and baggage acceptance, allowance, fees and liability.
- Air transport terms and conditions. The Customer is responsible for complying with the instructions of the airline and/or tour operator, in particular with respect to flight check-in times. In particular, the Customer acknowledges and agrees that: Amsalem has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure. Amsalem has no control over any indications of the hours spent flying which are provided by the Third Party Provider of the relevant air transport services, which are given for guidance only and which are subject to alteration and confirmation. It is the Customer’s responsibility to confirm his/her return flight in accordance with the requirements of the Third Party Provider of the relevant air transport Service. If the Customer books a return journey and does not use the outward flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use Flight coupons in sequence. In the case of special or charter Flights, the name of the airline, the Flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outward and return Flights in the trip. In accordance with the applicable Rules and Restrictions, these Flights, aircraft types and flight numbers can be subject to change, and can be moved by up to 24 hours, even after confirmation. Additional charges may be imposed by some airlines for meals, luggage, preferred seat selection, etc. Amsalem is not responsible for such charges and information on charges shown on the Website are for information only and may be amended by airlines at any time. The Customer must comply with all applicable Rules and Restrictions on the carriage of pregnant women. The Customer must comply with the applicable Rules and Restrictions on the carriage of children and in particular that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Customers who do not comply with this will not be eligible for a refund of any seat charges incurred during travel. Children under 2 years will not be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 14 will only be carried in accordance with the applicable Rules and Restrictions.
- Passport, Visa, Administrative and/or health regulations.
- International travel: You are responsible for ensuring that You meet foreign entry requirements and that Your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Amsalem has no special knowledge regarding foreign entry requirements or travel documents. We urge Customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. You may find information about these issues here: https://www.gov.uk/foreign-travel-advice.
- Health: Recommended inoculations for travel may change and You should consult Your doctor for current recommendations before You depart. It is Your responsibility to ensure that You meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to Your trip. Online medical advice for travellers can be found at the Department of Health’s website currently located at http://www.doh.gov.uk. Otherwise, for medical advice regarding Your journey, please contact Your doctor.
- Disinfection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (i) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (ii) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see the UK Civil Aviation Authority website.
- Passports: Some overseas countries have an immigration requirement that a Customer’s passport is valid for a minimum period after the Customer enters that country, typically 6 months. If a Customer’s passport is in its final year of validity, the Customer is advised to confirm the requirements of the destination before making final travel plans. The name on the passport must match the name on the ticket, otherwise the Customer may not be able to travel and insurance may be invalid. If, after booking a holiday/Service but before travelling, any member of the Customer’s party changes their name, e.g. as a result of getting married, Customer must notify Amsalem. British citizens are advised to consult the Identity and Passport Service for additional information on passport requirements.
- Visas: For information on visa requirements, Customers are advised to contact the embassy of the country they propose to visit. Non-British citizens are advised to consult their embassy or passport office for information and advice on visa and passport requirements required for the countries they propose to visit (and for return to United Kingdom). Please note: It can often take some time to obtain a visa so Customers are advised to apply in plenty of time. Requirements may change and You should check for up-to-date information before booking and departure. We accept no liability if You are refused entry onto a flight or into any country due to Your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries You may just be transiting through. This includes all stops made by the aircraft, even if You do not leave the aircraft or airport.
- Risks: Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Amsalem urges Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found from the following sources:
- Website: https://www.gov.uk/foreign-travel-advice
- Telephone number: Foreign and Commonwealth Office Travel Advice Service on 020 7008 1500
- Email: [email protected]
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, AMSALEM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.
- USA Visa Waiver Program and ESTA: All Customers wishing to enter or transit through the USA under the Visa Waiver Program (VWP) must apply for authorisation to travel using the Electronic System for Travel Authorisation (ESTA). Please allow sufficient time (at least 72 hours before departure) when making an ESTA application. For further information please visit the US Department of Homeland Security’s website at https://esta.cbp.dhs.gov.
- Personal information: A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when a Customer checks in or in some circumstances when the Customer makes his/her booking. Accordingly, the Customer is advised to allow extra time to check in for his/her flight.
- Special fares. The Flight routes offered may include special fares which offer the best price, but do not necessarily take the most direct route. Some itineraries require a change of aircraft en-route. A Flight that is described as direct is one where there is no need to change aircraft during the journey, however, stops may be made en-route for re-fuelling or to let passengers on and/or off. Details of any stops will be given during the booking process and are clearly identified both on the Website and in Customers’ Booking Confirmations. Many, but not all, airlines provide special fares for children under 2 years and for pensioners. These discounts depend on the airline, the flight concerned, the availability of seats and the passenger’s age. Air miles and vouchers from loyalty programs may not be used when booking flights through the Website. If the Customer has benefited from a discount, the associated special fares will be shown during the booking process before he / she confirms the reservation.
- Liability. The Customer is reminded that an airline’s liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by the airline’s own Rules and Restrictions, including their conditions of carriage.
- Electronic ticket. An electronic ticket is a ticket with no physical form. When using this type of ticket, the Customer must go to the check-in desk of the airline concerned and show a valid travel document (passport, visa, identity card, etc.) in order to obtain his/her boarding card. The Customer must strictly observe the times for checking in.
- Operating airlines. Customers are advised that in some cases Flights booked with one airline may be operated by another airline – details of the operating airline, where different, are indicated on the Website. The operating airline will charge the Customer for the Flight and will appear as the merchant on the Customer’s credit card or bank statement. Payment may also be charged by other Third Party Providers for the Services booked however the total amount charged will not exceed the total price of the Services.
- Compensation for denied boarding and delays. If an airline cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Customer’s stop-over or destination point, or causes a Customer to miss a connecting flight on which a Customer holds a reservation, the Customer may be entitled to certain remedies from the airline under Regulation (EC) 261/2004.
- No-show or cancellation. In case of a no-show or cancellation, You may be entitled to a refund of airport taxes and fees included in the price of the ticket purchased. Where You are eligible for a refund, You can request such a refund from Amsalem Customer Services, who will submit Your request to the airline on Your behalf.
- Unforeseen and Extraordinary Circumstances. In these Booking Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.
- Disputes. You can also access the European Commission Online Dispute (ODR) Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. This ODR platform is a means of registering Your complaint with us; it will not determine how Your complaint should be resolved. Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Third Party Provider of the opportunity to investigate and rectify Your complaint whilst in resort and this may affect Your rights under this contract including reducing any compensation due, potentially to zero.
Clause 4. General
- Travel destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Amsalem advises Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Travel Advice Unit and displayed on their website. Please see Clause 3.7.6 for more information. By offering travel to particular international destinations, Amsalem does not represent or warrant that travel to such destinations is advisable or without risk and is not liable for damages or losses that may occur from travel to such destinations.
- Prices. The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated in Clause 1.5.4 above. Amsalem may in some cases levy a booking fee in relation to some transactions made on the Customer’s behalf. The Customer will be notified of all applicable charges at the time of booking. Despite Amsalem’s best efforts, some of the Services listed on the Website may be incorrectly priced. AMSALEM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Amsalem is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.
- Photographs and illustrations. Amsalem does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the degree of comfort they can expect to receive and they must not be considered to be making any representation that exceeds this purpose.
- Ownership of content. The Website is the sole and exclusive property of Amsalem. Amsalem retains all right, title, and interest in the Website. Content, as defined herein, appearing on the Site is the exclusive property of Amsalem or its subsidiaries, affiliates, licensees and related companies. The Website is protected by copyright, service marks, trademark, patent, trade secrets, unfair competition, intellectual property and other local laws and international treaties. Any unauthorized use, reproduction, or modification of the Website may violate such laws. All Content, information, products and Services, services and software contained on or used in the Website is Copyright 2020 by Amsalem. The Marks, as defined herein, displayed on the Website are registered and unregistered trademarks of Amsalem or others. Images of people, objects, or places displayed on the Website are either the property of, licensed by or used with permission by Amsalem or its subsidiaries, affiliates and related companies. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Amsalem or the relevant trademark owner. Under no circumstances may Amsalem’s Marks, including but not limited to trademarks and trade dress, be used in connection with any product or service that is not offered by Amsalem, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amsalem. Amsalem owns, licenses or uses with permission all software and digital assets contained on the Website which is protected by copyright, trademark and other laws and international treaties. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content of the Website for public or commercial purposes. Nothing on the Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by laches, by implication, or otherwise.
- Limited license. Except as may be provided herein, Amsalem grants You a limited, personal, nonexclusive, non-transferable, revocable license to access and use the Website as expressly permitted in these Booking Terms and Conditions. Except for this limited license and as otherwise set forth herein, Amsalem does not grant You any other rights or license with respect to the Website. You agree that You will use the Website only to gather information about the Services and to make legitimate purchases for You or for another person for whom You are authorised to act.
- Insurance. The prices on the Website do not include travel insurance. The Customer is therefore advised to take out Insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer’s responsibility to ensure any Insurance policy taken out is adequate to cover their requirements. From time to time, You may be shown certain Insurance products during the booking path and this may be available for purchase. Details of the insurance provider, relevant key information and terms and conditions will be shown during the booking process.
Clause 5. Financial Conditions and Payment Procedures
- Local taxes and payments. Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in GBP, excluding local taxes imposed by the authorities in some countries.
- Payments. The price of Services booked on the Website or by telephone must be paid either to (i) Amsalem; or (ii) directly to the Third Party Providers. Payment may be charged by more than one party (as will be shown on the Customer’s bank or credit card statement) however the total amount charged will not exceed the total price of the Services. The Customer shall provide the details of his/her payment card and the Third Party Provider or Amsalem will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Third Party Provider) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card). Some banks and credit card companies impose fees for international or cross border transactions. For instance, if You are making a booking using a UK-issued card with a non-UK merchant, Your bank may charge You a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by Your bank or card company, since we may pass Your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if You are making a booking in a currency other than the currency of Your credit card, Your credit card company may convert the booking amount to the currency of Your credit card and charge You a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by Your bank on the day that they process the transaction. If You have any questions about these fees or the exchange rate applied to Your booking, please contact Your bank.
- Third party payment methods. Further to the standard payment options made available for any booking made via the Website, Amsalem may list, amongst others, “payment by instalments” options or other credit or finance for a booking. Such options are generally offered by Third Party Providers on their terms and conditions, which are not set by Amsalem (or any of Amsalem’s affiliates). Any agreement You enter into with a payment option is between You and that Third Party Provider, and prices for travel services shown on the Website do not take account of any such separate agreement. The applicable Rules and Restrictions of the Third Party Provider of such payment options are made available prior to making a booking. Any query or complaint in relation to such third party payment options must be submitted directly to the relevant Third Party Provider.
Clause 6. Customer Service and the Handling of Complaints
Amsalem is here to provide assistance to You in respect of any queries or complaints You may have in relation to Your booking of a Service. In the event You raise a complaint and/or are entitled to compensation by the Third Party Provider following a problem with Your booked Service then Amsalem will assist You and the Third Party Provider in an effort to try to resolve the problem. Queries or requests for information or complaints during a trip should be sent to Customer Services as set out in clause 1.3.2. Customers are encouraged to raise any issues they experience during their trip via the number or email above (or as soon as reasonably practicable), or to the carrier if the dispute arose during the outward or return journey, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the Customer. Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Customer’s control during the stay should be addressed to the airline or relevant Third Party Provider. Complaints made post travel should be sent Customer Services as set out in clause 1.3.2, which will receive complaints in relation to the Services on behalf of the Third Party Provider. For ease of resolution Customers are encouraged to raise any complaints within 30 days of the end of a trip. Any hard copy complaints should be directed either to the Third Party Provider providing the Service using the address provided in their Rules and Restrictions or to Amsalem. The European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr.
Clause 7. Liability for the Services
The Third Party Providers make the Services available to You. Where Amsalem is the Third Party Provider, then to the extent permitted by law and subject to the exceptions and limitations set out in these Booking Terms and Conditions and/or the relevant Rules and Restrictions applicable to the Service, then Amsalem shall only be liable to You for direct damages that were:
- reasonably foreseeable by both You and Amsalem;
- actually suffered or incurred by You; and
- directly attributable to the actions of Amsalem in providing the Services,
and in the event of any liability of Amsalem in respect of the Services, such liability will in no event exceed, in the aggregate, the cost paid by the Customer to Amsalem for the Service in question. The liability of other Third Party Providers to You will be as set out in the relevant Rules and Restrictions applicable to the Service. These are made available to You before You complete Your booking. We are not financially liable for any loss whatsoever You may have from making a purchase or using the Website. Amsalem is not liable for the failure of any airline carrier to comply with state, federal or international law including requirements mandated by United State law including the Department of Transportation. You agree that Amsalem is not liable in any way for personal injury or property damage or other losses resulting from use of a Flight purchase, purchase of products or Services or use of the Website. In the event of an emergency requiring the airline carrier to land at an arriving airport different from the one selected, You agree that Amsalem is released from all liability and claim for any damages including costs to transport to the original planned airport, lost baggage, meals, hotel stays, business interruption and loss, and any other costs whatsoever.
Clause 8. Amsalem’s Liability
Amsalem owns and operates this Website which acts as an interface between You and the Third Party Providers who provide the Services to You. When making a booking for a Service You enter into a contract with the Third Party Provider. Amsalem will not be liable in respect of any such Services (e.g. air transport services) that Third Party Provider make available to You or for the acts, errors, omissions, representations, warranties or negligence of any such Third Party Providers. Except as expressly set out in these Booking Terms and Conditions, all the information, software, or Services displayed on this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. The inclusion or offering of Services on this Website does not constitute any endorsement or recommendation of such Services by Amsalem or any of its affiliates. Where information (e.g. photographs, product descriptions, amenities, health and safety standards) displayed on this Website has been provided by the respective Third Party Providers, Third Party Providers provide to Amsalem the information describing the Services which Amsalem displays on its Website to You, such as travel service details, photographs, rates, and the terms and conditions for the Service. It is the responsibility of the Third Party Providers to ensure that such information provided to Amsalem is accurate, complete and up-to-date. Amsalem will not be liable for any inaccuracies of such information, unless and only to the extent that Amsalem directly caused such inaccuracies. Subject to the limitations set out in these Booking Terms and Conditions, You agree that neither Amsalem or its affiliates will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from the Services, the use of the Website, any delay or inability to use the Website, or from the Customer’s use of links from the Website. In respect of liability for Amsalem’s obligations under these Booking Terms and Conditions, or if Amsalem is found liable for any loss or damage under these Booking Terms and Conditions, then Amsalem shall only be liable to You for direct damages that were:
- reasonably foreseeable by both You and Amsalem;
- actually suffered or incurred by You; and
- directly attributable to the actions of Amsalem.
and in the event of any liability of Amsalem such liability will in no event exceed, in the aggregate, the greater of (i) the cost paid by the Customer for the Services in question; or (ii) one-hundred dollars (US$100.00) or the equivalent in local currency. Consumers have certain statutory rights. The exclusions and limitations contained in these Booking Terms and Conditions apply only to the extent permitted by law. Nothing in these Booking Terms and Conditions shall, be deemed to limit or exclude Amsalem’s liability for fraud, personal injury or death caused by Amsalem’s negligence. To the extent permitted by law, Amsalem expressly disclaims all warranties and conditions, whether express or implied, including without limitation an implied warranty of merchantability, fitness for a particular purpose, implied warranty of expectation of privacy, merchantability, non-infringement or title, those arising by statute or otherwise in law, or from a course of dealing or usage of trade. You agree that Your purchase and use of the Website and digital assets are solely at Your own risk. You agree that in no event shall Amsalem or its affiliates be liable for any damages whether consequential, direct, incidental, indirect, exemplary, punitive, special, incidental or otherwise arising out of or in any way connected with a Purchase or the use of or inability to use the Website or for any user generated content posted on the Website or for any Content obtained through or otherwise in connection with the Website regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Amsalem was given actual or constructive notice that damages were possible. You further agree that Amsalem is not liable for any damages whatsoever whether consequential, direct, incidental, indirect, exemplary, punitive, special, or otherwise arising out of or in any way connected with unauthorized access to Your private information. Under no circumstances will Amsalem or its affiliates be liable for any damages whatsoever whether consequential, direct, incidental, indirect, exemplary, punitive, special, or otherwise arising out of or in any way connected with a third party’s unauthorized access to Your information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Amsalem was given actual or constructive notice that such damages were possible.
Clause 9. Applicable Law
These Booking Terms and Conditions are governed by the laws of England and Wales. The Customer agrees that the English Courts shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these Booking Terms and Conditions. However, the Customer may choose the law and jurisdiction of Scotland or Northern Ireland if that is where the Customer resides.
Clause 10. Indemnification
You agree to indemnify, defend, and hold harmless Amsalem, Amsalem’s subsidiaries, affiliates, related companies, third party affiliates and each of Amsalem’s respective officers, directors, employees, contractors and agents from and against any claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal fees and costs, accountants’ fees, forensic evaluations and disbursements of any and all kinds) and costs arising out of or resulting from (i) Your breach of these Booking Terms and Conditions, including the Amsalem Privacy Policy and any other document incorporated by reference; or (i) Your violation of any law or the rights of any third party; (ii) Your posting of any user generated content; or (iii) Your use of the Website.
Clause 11. Rights Reserved
Any rights not expressly granted herein are reserved by Amsalem. Any aspect of the Website may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to You. However, Amsalem makes no commitment to update the information contained on the Website. Amsalem may also change or impose fees for certain services subject to any applicable laws, or establish or change general practices services, at any time and without prior notice to You. Amsalem does not promise availability of the Amsalem Website, and assumes no liability or responsibility whatsoever for any delay, interruption, or downtime. Although Amsalem exercises reasonable efforts to ensure the Content’s quality and accuracy, there might be errors, and the information provided may not be complete, current, or applicable to Your particular situation. Amsalem assumes no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any Content available through the Website or obtained from a linked website. Amsalem makes reasonable attempts to exclude viruses from the Website. However, Amsalem cannot ensure that the Website will at all times be free from viruses or other destructive software. Amsalem assumes no liability or responsibility for any damages to computer equipment, software or other property that may result from use of the Website. You are responsible for taking appropriate safeguards before downloading information from the Website. The Website may as a convenience and for reference only provide links to other websites. You agree and understand that when You click on these links, You are leaving the Website and entering a third-party’s website. We are not responsible for such third party websites.
Clause 12. Disclaimer of Warranty and Limitation of Liability
All purchases are provided “as is” and “as available” and We make no guarantees that the products or Services will be safe, secure, error-free, function without delays or disruptions, function without imperfections or other problems. We are not financially liable for any loss whatsoever You may have from making a purchase or using the Website. You agree that Amsalem is not liable in any way for personal injury or property damage or other losses resulting from use of a Flight Purchase, Purchase of Services or use of the Website. To the extent permitted by law, Amsalem expressly disclaims all warranties and conditions, whether express or implied, including without limitation an implied warranty of merchantability, fitness for a particular purpose, implied warranty of expectation of privacy, merchantability, non-infringement or title, those arising by statute or otherwise in law, or from a course of dealing or usage of trade. You agree that Your purchase and use of the Website and digital assets are solely at Your own risk. You agree that in no event shall Amsalem or its affiliates be liable for any damages whether consequential, direct, incidental, indirect, exemplary, punitive, special, incidental or otherwise arising out of or in any way connected with a purchase or the use of or inability to use the Website or for any user generated content posted on the Website or for any Content obtained through or otherwise in connection with the Website regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Amsalem was given actual or constructive notice that damages were possible.
Clause 13. Final Provisions
If Amsalem does not invoke one of the provisions of the Booking Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date. If any provision of these Booking Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected. Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these Booking Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These Booking Terms and Conditions come into force on 19 November 2020.