1.1. These Terms of Service ("Terms") shall form a binding legal agreement between you (the "User") and Al-Mahruqi Group that shall govern your use of the website, the call centre and other offerings from Fanadaq.com (collectively the "Platform"). When used in these Terms, "Fanadaq.com", "us", "we", "our", "Al-Mahruqi Group" or "Company" refers to Al-Mahruqi Group, a limited liability company incorporated and existing under the laws of the Sultanate of Oman with its registered address at P.O. Box [2489], Postal Code [112], Muscat, the Sultanate of Oman.
1.2. The Platform is a registered trade name which offers an online venue that enables its suppliers ("Suppliers") to publish and offer their accommodation services and products ("Products and Services") to its users ("Users"). A Supplier shall provide accommodation which may include, but not limited to, hotels, resorts, hotel apartments, motels, guest houses, hostels, desert camps. The Company does not own, control, offer or manage any of the listed properties on the Platform, and neither is the Company a real estate broker or insurer. All the Services and Products and features provided on the Platform, including the Services provided directly by the Company and its members of staff are subject to the terms and conditions set out below.
1.3. The User must register an account to access and use many features on the Platform. If you are a Supplier, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Products and Services.
2.1. By accessing the Platform, directly or indirectly, from time to time, the User:
a. Agrees to be bound by all Terms herein, conditions, privacy policy and notices;
b. Warrant that they are a natural person who is 18 years of age or older;
c. Warrants that all the provided information during registration on the Platform and throughout the term of the account is true, accurate, current and complete; and
d. Warrant and represent that they are not a person or entity who has been barred from using the Platform under the applicable laws and regulations or any applicable jurisdiction.
2.2. The Company retains the right to modify, alter and update these Terms from time to time. A notice will be provided to the User and Supplier of any material changes by email. If you disagree with the revised Terms, you may terminate these Terms immediately as provided in these Terms. If you do not terminate these Terms before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.
We at fanadaq.com provide the Platform on which Suppliers may publish and offer their Products and Services through which Users of the Platform can search for, book, make reservations and use Products and Services through the Platform. By booking or making a reservation through fanadaq.com, the User enters into a legally binding agreement with the Supplier of the Products and Services. The Company is not a party to the agreement concluded directly between the User and the Supplier. From the point at which the User makes a reservation, the Company shall act solely as an intermediary between the User and the Supplier, transmitting the details of the User's reservation to the relevant Supplier(s) and sending the User a confirmation email for and on behalf of the Supplier. Nevertheless, the Company reserves the right to refuse Users or bookings/reservations (or in exceptional cases to cancel confirmed bookings/reservations) at the Company's discretion without any need to justify such refusal.
4.1. In no event shall the Company be liable for any losses, expenses, injury/death, or damages of any sort as a result of the acts, errors, omissions, breaches, negligence, fraudulent intent, misleading or untrue statements, breach of contract, breach of statutory duty, wilful misconduct or any other circuitous act attributable either wholly or in part to Suppliers, their employees, directors, officers, agents, representatives or affiliates, or any other third party.
4.2. The Company shall not be liable to the User or Supplier for any losses in the event of accommodation providers overbooking, cancelling bookings in full or in part.
4.3. In no event shall the Company be liable to any other party for any indirect, special, punitive, incidental or consequential damages or losses, including loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, whether such damages are (alleged as) a result of a breach of contract, tort or otherwise (even if advised of the possibility of such damages or losses). All such damages and losses are hereby expressly waived and disclaimed.
4.4. In the event of a third-party claim, Parties shall act in good faith and use their commercially reasonable efforts to consult, cooperate and assist each other in the defense and/or settlement of such claim, and neither party shall make any admission, file any papers, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other party (which shall not unreasonably be withheld, delayed or conditioned).
4.5. Subject to Clause 4.4, neither party will be liable to the other for any failure to fulfil obligations to the extent affected by a Force Majeure Event. Each party will in any event use reasonable endeavours to avoid or mitigate the effect of a Force Majeure Event so as to recommence performance of their obligations as soon as reasonably possible.
4.6. The Company shall have no liability in respect of the Products and Services which is related to any (temporary and/or partial) breakdown, outages, downtime, interruption or unavailability of the Platform. The Company provides the Platform on an "as is" and "as available" basis.
4.7. While the Company will use reasonable care and skill to ensure that the information provided on the Platform is accurate, no guarantees for the accuracy of information are made including Product and Service ratings. The Platform including information related to Products and Services (or to third party affiliate/Supplier information, Products and Services), is provided 'as is', without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
4.8. The Company, its affiliates, and/or their respective Suppliers make no representations about the suitability of the information, software, Products and Services contained on the Platform for any purpose, and the inclusion or offering for sale of any Products and Services on this Platform does not constitute any recommendation or endorsement of such Products and Services by the Company or its affiliates. All such information, software, Products and Services are provided "as is" without warranty of any kind. The Company its affiliates, and/or their respective Suppliers hereby disclaim all warranties, and conditions with regard to this information, software, Products and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
4.9. The Company shall not be liable for any damages arising as a result of any inaccurate information or errors on the Platform relating to Product and Services information, including but not limited to details of Suppliers, their availability of rooms, price of accommodation, accommodation facilities, any accreditations awarded to the information and/or service providers who are independent businesses and are not agents or employees of fanadaq.com.
4.10. In no event shall the Company, its affiliates, and/or their respective Suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of our Platform or with the delay or inability to use our Platform, or for any information, software, Products and Services obtained through the Platform, or otherwise arising out of the use of our Platform, whether based on contract and/or strict liability.
5.1. The Company aims to provide the lowest price possible to the User for the Products and Services of the Supplier. The Supplier updates fare rates with a portal issued to them for the specific facility they have registered with at the Company. To ensure the Supplier provides fair prices in our portal, the Company uses the identical reservation Terms and Conditions when signing an agreement with our Suppliers. Thus, this generates a fair strategy for the Supplier, the Company and the User.
5.2. The Platform's currency convertor should not be relied on for accurate and real time data; actual rates of the Products and Services may vary.
5.3. All special promotions and offers are marked as such.
5.4. VAT, service charges, applicable taxes and other charges will be specified separately on the Platform as per the Supplier's policies (subject to change).
5.5. All prices on the Platform are set by our Suppliers, unless otherwise indicated and are for your reserved Products and Services only. Please refer to the respective Supplier's terms and conditions for any additional charges that may be applicable to your reservation (e.g. extra bed, late check-out etc.).
6.1. fanadaq.com offers the User a free of charge service and the User shall not incur any additional charge or fees on top of the Product and Service rates when making a reservation apart from VAT, Supplier service charges and other taxes, levies, duties, fees, deductions, withholdings and charges required by applicable law and imposed by the relevant authorities. fanadaq.com shall receive a commission fee ("Commission") from the Supplier after the guest has completed, concluded and utilized the Product and Service.
6.2. Except as otherwise provided on the Platform, service fees are non-refundable. The Company reserves the right to change the service fees and the Commission at any time, and will provide the Supplier and User of notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If the User or Service Provider disagrees with a fee change, they may terminate this Agreement at any time pursuant to Clause 14 herein.
At fanadaq.com, a User may reserve their Products and Services without having to pay upfront, the User shall pay for their Products and Services upon arrival at the Suppliers accommodation and/or location (depending on Supplier payment policies).
8.1. The User's reservation of a Product and Service of the Supplier through the Platform acts as an acceptance and agreement of the User to the relevant Product and Service terms and conditions, including cancellation, travel issues, refunds and no-show policies applicable to that booking, and to any additional terms and conditions of the Supplier that may apply to your reservation or during your stay.
8.2. By making a reservation with a Supplier through the Platform, the User accepts and agrees to the relevant booking policies stated before confirming a booking and will receive a booking voucher stating the policies of that specific Supplier, and to any additional terms and conditions of the Supplier that may apply to your visit or stay (including the fine print of the Supplier made available on our Platform and the relevant house rules of the Supplier), including for the Products and Services rendered and/or offered by the Service Provider.
8.3. In general, if the User cancels their reservation, the amount refunded to the User shall be determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to the User. If the Supplier cancels the User's reservation, the User may be entitled to rebooking assistance or a partial or full refund under the Supplier's relevant policy. You may appeal a decision by the Supplier by contacting our customer service.
8.4. The Supplier and the User are responsible for any booking modifications they agree to make via the Platform ("Booking Modifications"), and agree to pay any additional amounts, fees, charges or taxes associated with any Booking Modification.
8.5. When the User reserves a Product and/or Service, the User is agreeing to pay all charges for the reservation including the Product and Service price, applicable fees like the service fee, offline fees, taxes and any other items identified during checkout (collectively, "Total Price"). When the User receives the booking confirmation, a contract for the reservation is formed directly between the User and the Supplier. The cancellation policy and any other rules, standards, policies, or requirements identified by the Supplier form part of the User's contract with the Supplier.
8.6. A Services and Products reservation is a limited license to enter, occupy and use the Services and Products. The Supplier retains the right to re-enter the premises of the Services and Products during the User's stay, to the extent: (i) it is reasonably necessary, (ii) permitted by the contract with the Supplier, and (iii) consistent with applicable law. If the User uses the Services and Products past checkout, the Supplier has the right to make the User leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. The User may not exceed the maximum number of allowed Users on the premises of the Products and Services.
If the User has any special requirements, such as and not limited to, needing a room with wheelchair access, fanadaq.com has arranged a special section on the Platform before the User confirms their reservation to request such services. Please note that all special requests are subject to availability and fanadaq.com cannot guarantee that all Suppliers will be able to meet the needs of the User.
10.1. By making a reservation, the User is confirming that all persons named on the reservation accept the Terms (warranting that the User is 18 years of age and over and have legal capacity to use the Platform) and that the User will inform the other persons named on the reservation of the confirmation details and any other appropriate information. By making the reservation the User also becomes responsible for making all payments due under the reservation.
10.2. By clicking the 'Accept' button, the User agrees to fanadaq.com's Terms herein. By completing and submitting the reservation form, the User is making an offer to reserve Products and Services, which if accepted by the Supplier(s), will result in a binding contract made between the User and the Supplier.
10.3. Not completing the reservation process through the Platform constitutes the rejection of the offer by the User. By completing a booking, the User agrees to receive an email which will be sent by the Company on behalf of the Supplier confirming the User's acceptance the offer and forming a legally binding contract subject to any applicable terms and conditions and the Terms herein.
10.4. fanadaq.com will not take any payment upfront, and the User is responsible for payment for the reserved Products and Services subsequent to a confirmed reservation and their receipt of reservation voucher.
In the unlikely event that the User has a reason to complain or experience any problems with the reserved Products and Services, the User shall inform the Supplier promptly of said complaint to enable the Supplier to take appropriate action. The Supplier shall be responsible for the information uploaded onto the Platform including descriptions of the Products and Services offered. Shall the User identify that the Product and Services provided does not match the description provided by the Supplier on the Platform, the User's complaint in this regard shall also be notified to the Company's support team to undertake the necessary action(s) as deemed fit. The Company and the Platform will be held harmless against any complaint raised by the User regarding the inaccuracy of the information uploaded by the Supplier onto the Platform or communicated through any medium to the User.
12.1. Unless specified otherwise, any notices or other communications to the User permitted or required under this Agreement will be provided electronically and given by fanadaq.com via email, the Platform's notification, messaging service (including SMS, WhatsApp), social media platforms or any other contact method the Company may reasonably choose to provide the User information regarding the following : 1) booking details 2) hotel location 3) guest review forms after utilizing any of the Products and Services provided through our Platform 4) offers and promotional materials.
12.2. For the User to duly complete and secure their reservation, the User must provide their accurate email address and mobile phone number. The Company and the Platform shall be held harmless by the User for any wrong, incorrect or misspelled email address or inaccurate or wrong mobile phone number. The Company and the Platform has no obligation to verify the email address and phone number provided by the User.
13.1. The Company is required to collect personal information about the User when they use the Platform. Without it, the Company will not be able to provide the User with the Products and Services requested. This information includes the following:
13.1.1. Contact Information, Account, Profile Information such as the User's first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features the User uses.
13.1.2. Identity Verification and Payment Information. Such as images of the User's government issued ID (as permitted by applicable laws), the User's ID number or other verification information, bank account or payment account information.
13.1.3. Additional Profile Information. Such as gender, names of the guests traveling with the User, preferences regarding the Products and Services provided, preferred language(s), city, and personal description.
13.1.4. Other Information. Such as when the User fills in a form, adds information to their account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team and Suppliers, or share your experience with the Company. This may include health information if the User chooses to share it with the Company.
13.1.5. Usage Information. Such as the pages or content the User views, searches for Products and Services, reservations the User has made, and other actions on the Platform.
13.1.6. Log Data and Device Information. Such as details about how the User has used the Platform, IP address, access dates and times, unique identifiers, crash data, cookie data, and the pages the User has viewed or engaged with before or after using the Platform. We may collect this information even if the User has not created an account or logged in onto the Platform.
13.1.7. Payment Transaction Information. Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, the User's address and other related transaction details.
13.1.8. Third-Party Services. If the User links, connects, or logged-in to the Platform with a third-party service (e.g. Google, Facebook, Instagram and Twitter), the User directs the service to send us information such as the User's registration, friends list, and profile information as controlled by that service or as authorized by the User via their privacy settings at that service.
13.1.9. Other Sources. To the extent permitted by applicable law, the Company may receive additional information about the User, such as references, demographic data or information to help detect fraud and safety issues from third party service providers and/or partners, and combine it with information the Company has about the User.
13.2. The Company understands that using and making a reservation on the Platform by the User involves a great deal of trust at the User's end. The User's privacy is important to us and we make it a high priority to ensure that security and confidentiality of the personal information the User provides to the Company is secure and inform the User the manner in which their information shall be used by the Company.
13.2.1. Personal Data: The Company uses the User's personal information to:
a. Administer and complete the User's reservation on the Platform and forward the User's reservation details to the Supplier providing the Product and Service.
b. Account Administration: fanadaq.com offers a user account facility on the Platform and uses the information provided to administer the following; account access whenever required (Platform may sometimes be down), make future reservations, manage bookings, sends the User messages, updates security alerts, account notifications and manage personal settings.
c. administer marketing activities such as, but not limited to, send the User promotional emails, messages, reminders, regular newsletters, advertising campaigns, offers, or to contact the User by phone the for offer the Company thinks might be of interest to the User. Also to personalize, measure, and improve the Company's advertising.
d. Maintain a trusted and safer platform, detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity.
13.2.2. Sharing (Disclosures)
fanadaq.com may share the User's information with Suppliers, third party vendors, business partners, and referring websites. The Company may also be required by law that disclosure is necessary to comply with applicable laws or legal processes.
13.2.3. Call Monitoring
Calls to and from our customer service help desk may be recorded or monitored for the purpose of quality control and for staff training. Call recordings will be maintained as long as reasonably necessary and will then be deleted at the Company's discretion. Any personal information obtained from the User during the call will be treated in accordance with the provisions of this Privacy Policy.
13.2.4. Host Service Providers.
Supplier may use third-party services to help manage or deliver their services, such as cleaning services or lock providers. Suppliers may use features on the Platform to share information about the User (like check-in and check-out dates, the User's name, Guest phone number) with such third-party service providers.
13.2.5. Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights.
The Company may disclose the User's information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent the Company is required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with the Company's legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against the Company, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose the Company, the User, or any other of the Company's users to legal or regulatory liability, (iv) to enforce and administer our agreements with Suppliers, or (v) to protect the rights, property or personal safety of the Company, its employees, its Suppliers, or members of the public.
13.2.6. Service Providers.
The Company shares personal information with affiliated and unaffiliated service providers to help the Company run their business, including service providers that help the Company: (i) verify the User's identity or authenticate the User's identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Products and Services through third-party platforms and software tools, (vi) provide customer service, advertising, or payments services, (vii) process, handle or assess insurance claims or similar claims.
13.2.7. Analyzing your Communications.
The Company may review, scan, or analyze the User's communications on the Platform for reasons outlined herein, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing the Company's Terms, and customer support purposes. The Company uses automated methods where reasonably possible. Occasionally the Company may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.
13.3. Managing User Information
The User may access and update some of their personal information through their account settings. If the User connected their account to a third-party service, like Facebook or Google, the User may change their settings and unlink from that service in their account settings. The User is responsible for keeping their personal information up to date.
13.4. SECURITY
While no organization can guarantee perfect security, the Company is continuously implementing and updating administrative, technical, and physical security measures to help protect the User's information against unauthorized access, loss, destruction, or alteration.
Shall the User have any questions or suggestions about this Privacy Policy, please contact the Company.
14.1. The Company may permanently or temporarily disable the User's account, or issue the User with a new account or user details, for any reason by giving the User 30 days' notice via email or using any other contact information the User has provided for their account.
14.2. The Company may also terminate these Terms immediately and without notice and stop providing access to the Platform if the User breach these Terms, violate the Company's policies, violate applicable laws, or the Company reasonably believe termination is necessary to protect the Company and the Platform, its Suppliers, or third parties.
14.3. The Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, of Users or account holders who are deemed to be repeat infringers. The Company may also at its sole discretion limit the User's access to the Platform and/or terminate the accounts if the User infringes the Terms herein, or if the User infringes any intellectual property rights of others, whether or not there is any repeated infringement.
14.4. The User may terminate these Terms at any time by sending the Company an email or by deleting their account.
14.5. If the User's account has been inactive for more than two years, the Company may terminate the User's account without prior notice.
If the User terminates their account, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the reservation's cancellation policy. When these Terms are terminated, the User is not entitled to a restoration of their account. If the User's access to or use of the Platform has been limited, or the User's account has been suspended, or this agreement has been terminated by the Company, the User may not register a new account or access or use the Platform through an account of another user.
16.1. To the maximum extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company and the Platform, its employees, personnel, affiliates, their respective Suppliers and any of their officers, directors, employees and agents from and against any claims, liabilities, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties, and/or arising out of or in any way connected with and as a as a result of:
16.1.1. the User's breach of these Terms, conditions, and notices or the documents referenced herein;
16.1.2. the User's breach and violation of any applicable law(s), regulations, property or privacy rights;
16.1.3. the User's interaction with any Supplier, use of any Products and Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use;
16.1.4. the User's violation of the rights of a third party; or
16.1.5. the User's improper use of this Platform.
17.1. As a condition of the User's use of this Platform, the User warrants to the Company that the User will not use this Platform for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.
17.2. Please note that all software, including and without limitation, all source code and databases contained on this Platform is owned by the Company, and/or our respective Suppliers, and is protected. Any reproduction or redistribution of the software or Platform is expressly prohibited, and may result in the resort to Court by the Company to impose severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software by the User to any other server or location for further reproduction or redistribution is expressly prohibited.
The Company and the Platform will not, in any circumstances, be liable (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit, which may arise under these Terms.
The Company may, from time to time, modify and amend the Terms herein without notice to the User. If the User disagrees with the revised Terms, the User may terminate these Terms immediately as provided in these Terms. If the User does not terminate these Terms before the date the revised Terms become effective, the User's continued access to or use of the Platform will constitute acceptance of the revised Terms.
The Company's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
The agreement between the User and the Company reflected by these Terms is effective when the User access's the Platform and remains in effect until either the User or the Company terminate the agreement in accordance with these Terms.
The Company may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
The User may not assign, transfer or delegate these Terms or their rights and obligations hereunder without the Company's prior written consent. The Company may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice. The User's right to terminate these Terms at any time pursuant to Clause 14 remains unaffected.
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between the Company and the User pertaining to the User's access to or use of the Platform and supersede any and all prior oral or written understandings or agreements between the Company and the User. These Terms do not and are not intended to confer any rights or remedies upon anyone other than the User and the Company. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
26.1. These Terms shall be governed by, construed, interpreted and applied in accordance with Omani law, excluding any choice of law rules that would refer the matter to the laws of another jurisdiction.
26.2. The Company and the User irrevocably agrees that the courts of the Sultanate of Oman shall have the exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with these Terms, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the courts of the Sultanate of Oman