We appreciate your taking the time to make a submission or review or leave comments on the Website. Please be aware that by submitting content on the Website by electronic mail, postings or on the Company’s social media platforms, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the Company and the Company Affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
use the name used for such Submissions. You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at its discretion, and that such Submissions may be shared with our supplier partners. You further grant the Company the right to pursue at law any person or entity that violates your rights or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. The Company assumes no liability for any Submissions posted or submitted by you and there is no obligation to post your comments. The Company will decide on the suitability and appropriateness of the Submissions at its sole discretion and its decision will be final and binding. If you do not agree to these terms and conditions, please do not provide any Submissions.
You are fully responsible for the Submissions, (specifically including, but not limited to, reviews posted to the Website). You are prohibited from posting or transmitting to or from this Website:
any false, unlawful, threatening, libelous, pornographic, defamatory, obscene, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
any commercial information or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and
any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable and responsible for any damages resulting from any violation of the foregoing or other restrictions, or any other harm resulting to the Company or any third party from your Submissions.
Use of Personal Data and Disclosure of Information
The Company shall collect, process and maintain the information you provide on the Website in its database in order to conduct its business, web statistics, customer analysis, inform and make available products and services that you may be of interest to you, marketing promotions, from time to time. The information shall also be used to contact you when necessary such as for promotions, offers, update records, credit checks, ascertaining financial requirements, debt collection and any other purposes required by law.
The Company has the right to disclose, disseminate, share, divulge or transfer information provided by you to the Company Affiliates in other countries and/or with its suppliers, vendors and third party providers as the case may be. You hereby consent to such disclosure and transfer of information on a need to know basis. In accordance, the Company and the Company Affiliates will transfer personal data or information, to any other body corporate or a person in the KSA, or located in any other country, that ensures the same level of data protection that is adhered to by the Company.
Intellectual Property Policy
Any software or applications made available to download from this Website, including without limitations, applications from the Appel iTunes Store, Google Play Store etc. ("Software") is the copyrighted work of the Company or its affiliates, and/or its respective suppliers or vendors. The usage of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You shall not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose whatsoever.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, are owned by the Company or its affiliates, suppliers or vendors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
All the content and information contained in the Website is the intellectual property of the Company and shall continue to remain its property save and except any exclusion specified therein. Flymein.com and variations of Flyme-in, like Flymein.sa, Flymein.qa, Flymein,ae, etc. are registered trademarks of the Company and the Company Affiliates in the KSA or overseas. Except as provided in the Agreement, such intellectual property may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company. The usage of the Website or Services does not by itself entitle you to a right or license to use or benefit from the intellectual property. The Company reserves its rights to initiate proceedings against any acts of infringement in addition to cancellation of the online transaction initiated by you.
If you are aware of an infringement of our brand or intellectual property or believe that the Website content infringes your copyright, please let us know by e-mailing the Company as per the contact details listed under the ‘Contact Us’ information on the Website.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT PROVIDE OR MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, EXPRESS OR IMPLIED ABOUT THE WEBSITE, SOFTWARE OR THE SERVICES. ALL SUCH INFORMATION IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY PERSON, ARISING OUT OF OR FROM THE USE OF THE WEBSITE OR THE SERVICES.
THE WARRANTIES EXPRESSLY STATED IN THE AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY THE COMPANY. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE SERVICE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE COMPANY DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. THE COMPANY IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET
Liability Disclaimer
The content, information, Software or services published on the Website may include inaccuracies or errors, including pricing errors or mistakes. The Company and its affiliates, suppliers and third party vendors through whom the Services are provided (collectively, "Company Affiliates") do not guarantee the accuracy or authenticity of, and disclaim all liability for any errors or inaccuracies relating to the information and description of the route, hotel, cruise, car and other travel products displayed on the Website (including, without limitation, the price, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Prices are not valid until purchased, and in addition, the Company expressly reserves the right to correct any price errors on the Website and/or on pending reservations made under an incorrect price. In such event, you will have the option to keep your pending reservation at the correct price or cancel your reservation.
You are personally responsible to ascertain and obtain travel documents for your entire trip including passport, entry visas, transit visas, emigration letters and any other specific requirement applicable in the country you are travelling to. The Company and Company Affiliates do not assume any liability for your being denied entry into an airport or country or hotel on account of lack or absence of a travel document.
Hotel ratings displayed (if any) on the Website are intended as only general guidelines and the Company and Company Affiliates do not guarantee the accuracy of the ratings and no guarantees about the availability of specific products and Services. The Company and Company Affiliates may make improvements and/or changes on the Website at any time.
The Company and Company Affiliates make no representation about the suitability of the information, fitness for a particular purpose, conditions of merchantability, implied warranties of software, products or Services contained on the Website for any purpose, and the inclusion or offering of any products or Services on the Website does not constitute any endorsement or recommendation of such products or Services by the Company and Company Affiliates. The Company and Company Affiliates disclaim all warranties and conditions that the Website, its servers or any email sent from the Company and Company Affiliates are free of viruses or other harmful components.
The carriers, hotels and other suppliers providing travel or other Services on this Website are independent contractors and not agents or contractors of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from using their products or Services. The Company and Company Affiliates shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
If, despite the limitation above, the Company and Company Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Company and Company Affiliates’ liabilities will in no event exceed, in the aggregate, the greater of
the transaction fees assessed for your transaction on the Website, or
Four hundred Saudi Arabia Riyal (SAR 400.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company and Company Affiliates.
Limitation of Liability
IN NO EVENT, WILL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE) ARISING OUT OF:
ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR,
THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES (EXCEPT CARRIAGE BY AIR PERFORMED BY US).
NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW
Indemnification
You agree to defend, indemnify and keep indemnified and hold harmless the Company and Company Affiliates, suppliers and any of their officers, directors, employees and agents from and against any claims, losses, demands, recoveries, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable attorney fee, brought by Regulatory Authorities or other third parties as a result of:
your breach of this Agreement or the documents referenced herein;
your violation of any applicable law or the rights of a third party;
your usage of this Website;
any claim of any infringement of any intellectual property right or any other right of any third party; or
any claim made by any third party arising out of the use of the Services and/or arising in connection with Services offered to you.
Visa Requirements
Travel bookings done using the Services are subject to the applicable visa requirements to be procured by you. The Company and Company Affiliates shall not be responsible for any issues, including the inability to travel, arising out of such visa requirements and shall not be liable to refund untraveled bookings due to any such reason, save and except if the necessary visa is being availed by the Company
Travel Destinations
You must note that travel to certain destinations may involve greater risk than other. It is your responsibility to review warning, announcements and travel prohibitions issued by the necessary government prior to booking travel to the desired destination. By offering for sale travel to particular international destinations, the Company does not guarantee, warrant or represent that travel to such destinations is without risk and the Company will not be liable for any losses or damages arising from travel to such destinations.
Force Majeure
Neither party to this Agreement shall be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed by a force majeure event including but not limited to fire, flood, war, riot, embargo, organized labour stoppage, earthquake, hurricane, acts of civil or military authorities, acts of terrorism, acts of god etc. beyond the reasonable control of the parties, provided that the party whose performance is affected by the event of force majeure gives notice in writing to the other party of such event and provided further that the party whose performance is so affected did not act in a reckless manner or did not willfully misconduct itself.
Security
The Company maintains strict security standards and procedures with a view to preventing unauthorized access to your data. We use leading technologies such as (but not limited to) 128-bit VeriSign secure socket layer Data encryption, firewalls and server authentication to protect the security of your data. Access to your account and account information is protected by a password, which you set. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. If your browser is appropriately configured it should tell you whether the information you are sending will be secure (generally by displaying an icon such as a padlock). The combination of a secure browser at your end and our security measures provide you with the best security available. Once we receive your information, we will take all reasonable steps to protect the information. If the Company no longer needs your information, the Company will destroy or de-identify it. It may also be possible for you to review and change contact information such as address, phone and e-mail information by signing on and updating your personal profile. It is your responsibility to maintain the secrecy of any user ID and login password you hold. To protect your privacy, proof of identity or other authentication is required any time you contact us via the contact center.
Cookies
We may gather and analyze information regarding usage of the Website, including domain name, the number of hits, the pages visited and length of user session. This information may be gathered via JavaScript and persisted by using a cookie. A cookie is a small text file placed on your hard drive by our web page server. A cookie will make the use of the Website faster and easier.
Transmission over the Internet
Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions in communications facilities that are not under our control affecting the accuracy or timeliness of messages and transactions you send. In order to maintain the security of our systems, protect our staff, record transactions, and, in certain circumstances, to prevent and detect crime or unauthorized activities, we reserve the right to monitor all internet communications including web and email traffic into and out of its domains.
Binding Nature, Benefit
This Agreement shall inure to the benefit of and be binding upon the users of the Website and the Company and their respective successors and permitted assignees.
Governing Law
The Agreement shall be governed by the applicable laws of the Kingdom of Saudi Arabia. You agree that the resolution of any dispute that would arise between them according to the terms will be under the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.
ANY CARRIAGE BY AIR USING A TICKET OBTAINED USING THE WEBSITE SHALL BE SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE RELEVANT CARRIER AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIER'S LIABILITY IN CERTAIN CIRCUMSTANCES. YOU SHOULD REFER TO THE APPLICABLE CONVENTION PROVISIONS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.
Contact Us
All notices and communications shall be in writing, and shall be deemed given if sent via the email [email protected]