1. Definitions

In these Terms and Conditions unless the context requires otherwise, the following words shall have the following meanings:

"Booking"

means an Experience booking made pursuant to Clause ‎2.4;

"Booking Confirmation"

means a written confirmation that a Booking has been accepted, which includes at a minimum a description of the Experiences, the purchase price and the identity of the Customer;

"Cancellation Policy"

means the policy published by Safarak from time to time;

"Contract"
means the contract between Safarak and the Customer, which shall incorporate the Booking Confirmation, the Cancellation Policy and these Terms and Conditions;

"Customer"
means the person, firm, company or corporation which orders Experiences from Safarak and shall include where the context requires any person accompanying the Customer on an Experience or any member of the Customer's group covered by their Booking;

"Experience"
means any experience or services offered by Safarak from time to time, as described in the relevant Booking Confirmation;

"Safarak"
means RAK Hospitality Logistics LLC, a company registered in the Emirate of Ras Al Khaimah that has been issued with a licence (number 42018) and with a postal address of PO Box 86111, Ras Al Khaimah, United Arab Emirates;
"Safarak Parties" means Safarak and its affiliated companies, including Safarak employees, the Management, and the Owner; and

"Terms and Conditions"
means these terms and conditions, as amended from time to time.

2. Application of Terms and Conditions

2.1 Subject to any variation under Clause ‎2.2 the sale and purchase of Experiences from Safarak will be made on the basis of these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any Booking or confirmation of Booking).

2.2 These Terms and Conditions apply to all sales of Experiences by Safarak and any variation to these Terms and Conditions and any representations about the Experiences will have no effect unless expressly agreed in writing and signed by a duly authorised representative of Safarak.

2.3 Each booking request made by the Customer will be deemed to be an agreement by the Customer to be bound by the terms of the Contract.

2.4 A Booking shall be made where a confirmation email is issued by Safarak providing the Customer with their Booking Confirmation or where the Booking is made in person, a hard-copy Booking Confirmation is issued.

3. Bookings

3.1 Any booking request shall be subject to availability. Safarak reserves the right to accept or refuse any booking request, or request to amend or cancel a Booking, at its sole discretion and without providing any reasoning or explanation for its decision.

3.2 It is the responsibility of each Customer at the time of making a Booking to ensure, and to procure that their guests ensure, that they are in good physical condition and capable of participating in an Experience without any risk to their health. All Customers who are unsure of whether or not they may safely take part in an activity, and in particular any Customers who are pregnant or have a pre-existing medical condition, are advised to seek medical advice before engaging in any Experience. A doctor's letter may be required by certain Customers in order to participate in an Experience.

3.3 Any special requirements or needs, such as a child seat, must be specified at the time of Booking.

3.4 Unless you have booked a private Experience, seats shall not be pre-allocated and therefore will be available on a first come first served basis.

3.5 All Customers must present their Booking Confirmation to the staff of Safarak in order to receive the Experiences. Customers who cannot provide a valid Booking Confirmation may be unable to take part in the Experience. Customers may be asked to present a valid form of identification when redeeming a Booking.

3.6 All bookings are personal to the Customer listed on the Booking Confirmation and should not be transferred to third parties without the consent of Safarak. Safarak reserves the right to refuse to provide the Experiences to any person other than the person named on the Booking Confirmation at any time.

3.7 All communications in connection with the Booking shall be sent to the Customer using the contact details provided by the Customer at the time of Booking.

4 Eligibility, Restrictions and Personal Conduct

4.1 To be eligible to participate in certain Experiences, Customers may need to comply with certain minimum criteria. Additional criteria to those specified in these Terms and Conditions may be specified at the time of Booking.

4.2 Pets and animals are not permitted on any Experience, unless previously approved by Safarak in writing.

4.3 Heavily pregnant mothers, passengers with heart, neck or back problems cannot participate in an Experience.

4.4 Smoking is generally prohibited on Experiences however Customers may use designated areas for this purpose.

4.5 Customers should not take part in an Experience if they are under the influence of alcohol, taking any medication that causes drowsiness or if they have any medical condition which makes participation in the Experience dangerous or inappropriate.

4.6 The United Arab Emirates is a Muslim country and has conservative customs regarding dress and conduct. As a mark of respect, Customers are asked to dress appropriately when taking part in Experiences. Generally, men and women should ensure knees and shoulders are covered when in public. Customers should not engage in public displays of affection out of respect for local customs.

4.7 Customers agree to conduct themselves in a well-mannered fashion during Experiences and shall not cause any disturbances or act in any way which might interfere with the safety or enjoyment of other Customers.

4.8 Customers acknowledge that while on an Experience they shall be subject to the control and guidance of the personnel of Safarak and its service providers and must follow their instructions at all times as the applicable laws and regulations. While Safarak takes steps to ensure the safety of Customers during Experiences, Safarak cannot and does not guarantee the safety of Customers.

4.9 Customers acknowledge that non-compliance with the terms of the Contract may lead to cancellation of their Booking with no entitlement to any refund of the fees already paid.

4.10 Safarak reserves the right to refuse any Customer's request to participate in an Experience, or to request a Customer to leave for failure to comply with the terms of this Contract. In such circumstances any pre-paid fees may be forfeited.

5. Description and Price

5.1The price and description of the Experiences will be as set out in Safarak's quotation or the accepted and signed Booking Confirmation. In the event of any discrepancy the Booking Confirmation shall prevail.

5.2 The Experiences are provided subject to the prevailing prices offered by Safarak at the time the Booking is made pursuant to Clause ‎5.1. The prices for the Experiences may be changed by Safarak at any time and without notice. Any price change will not impact any Contracts entered into prior to the date of the price change.

5.3 The price for the Experiences will be exclusive of any value added, sales, import or any other government taxes, which costs the Customer will be liable to pay in addition to the price for the Experiences.

6. Payment

6.1 Unless stated otherwise in a Booking Confirmation, the fees for the Experiences shall be payable in advance and shall be calculated in UAE dirhams. The fees for the Experiences may be payable in UAE dirhams, US Dollars or in any other currency acceptable to Safarak and, subject to Clause ‎6.3 will be due in full on the date of Booking. No Booking Confirmation shall be issued until payment of the price of the Experiences is received in full.

6.2 No payment will be deemed to have been received from the Customer until Safarak has received immediately available funds.

6.3 If the Customer fails to pay Safarak any sum due pursuant to this Contract by the due date for payment stated in the Contract, Safarak reserves the right to terminate the Booking.

7. Warranties and Liability

7.1Where Safarak is unable to provide an Experience due to any failure, act or omission of the Customer, including but not limited to a failure by the Customer to arrive at the time specified in the Booking Confirmation, Safarak's obligation to perform the Experiences shall be considered discharged.

7.2 The timings quoted by Safarak for Experiences in sales literature or in the Booking Confirmation are approximate only and are provided for convenience.

7.3 Safarak warrants that the Experiences provided to the Customer shall conform to the description of the Experience provided in the Booking Confirmation. All other express or implied conditions and warranties statutory or otherwise are excluded to the fullest extent possible under applicable law.

7.4 All Customers who participate in an Experience do so at their own risk. The Safarak Parties shall not be liable in any circumstances for any injury or loss sustained by Customers, or their guests, or their personal belongings, including vehicles, while participating, or as a result of participating, in an Experience to the fullest extent permitted by the applicable law. Each Customer releases, discharges, and covenants not to prosecute the Safarak Parties in respect of any liability, claim, demand, loss, or damage they may suffer arising out of or in connection with the Contract or the Customer's participating in an Experience.

7.5 Safarak will not be liable whether in contract, tort (including negligence) or otherwise for any loss of profits, or indirect or consequential loss or damage, suffered or incurred by the Customer arising out of or in connection with this Contract.

7.6 Subject to Clause ‎7.5, the liability of Safarak under this Contract will, in all cases, be limited to the price of the Experience.

7.7 Nothing in the Contract shall limit Safarak's liability for any matter in respect of which liability cannot be limited or excluded by applicable law.

8. Force Majeure

Safarak shall not be liable to the Customer for any failure to observe its obligations where such failure is attributable to so-called events of "force majeure" such as strikes, labour disturbances or disputes, legislative or administrative interference, war or civil unrest. Where such "force majeure" event occurs and lasts for more than sixty (60) days, Safarak may (at its sole discretion) terminate the Contract by serving written notice of termination with immediate effect to the other party or suspend the performance of the Contract.

9. Cancellation

For cancellation terms please refer to Safarak's Cancellation Policy.

10. General

10.1 No amendments or variations to this Contract will be effective unless made in writing and signed by the parties or their respective representatives who are duly authorised for that purpose.

10.2 If any provision of this Contract is judged to be illegal or unenforceable, the continuation in full force and effect of the remaining provisions will not be prejudiced.

10.3 Nothing in this Contract or any arrangement contemplated by it will be construed as establishing or implying any partnership between the parties, and will not be deemed to constitute or evidence either of the parties to be acting as the agent of the other party.

10.4 The failure on the part of either of the parties to exercise or enforce any right conferred upon it by this Contract will not be deemed to be a waiver of any such right.

10.5 This Contract constitutes the entire understanding of the parties relating to the subject matter of this Contract and supersedes, cancels and replaces all prior agreements between the parties which relate to the same subject matter whether expressly written or implied, or which would be inferred from the correspondence, oral statements or conduct of the parties.

10.6 This Contract is drawn up in the English language. This Contract may be translated into any language other than English provided that the English text will prevail.

10.7 Interpretation
In these Terms and Conditions unless the context requires otherwise, the following words and phrases shall have the following meanings:

(a) all references to time shall be construed by reference to the Gregorian calendar;
(b) use of the singular includes the plural (and vice versa) and use of any gender includes the other genders;
(c) a reference to persons includes individuals, corporations, and unincorporated bodies or associations that are recognised at law;
(d) a reference to a party means a party to this Agreement;
(e) a reference to a Clause is to the relevant clause of this Agreement; and
(f)any words introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative only and shall not limit the sense of the words preceding those terms.

10.8 This Contract and any non-contractual obligations arising out of or in connection with it will be governed by and construed in accordance with the laws applicable in Ras Al Khaimah and the Federal laws of the United Arab Emirates. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Emirate of Ras Al Khaimah.