SLA for Travel Service Providers

Dyafat SLA for Travel Service Providers

Introduction

  • When you sign up to as a Travel Service Provider with Dyafat you Promote Your Travel Services on multiple Dyafat Platforms and multiple languages, attracting a huge number of travelers from around the world. Our innovative tools and world class support team help You to maximize Your revenue and reach your business goals.
  • Start your partnership with us by filling out a simple registration form that takes a few minutes and is completely free. Our expert team will send You a tailored offer and ask for a few more details to get You started. You’ll receive an online contract to sign, we’ll also need your payment and billing details. Next, You’ll need to provide us with high resolution photos, Your best rates and availability. We’ll take care of the rest. Alternatively, You can use one of the following methods to benefit from the capabilities of our marketing platform:
  • use our System to define Your Travel Services in our System, which will enable You to manage Your availability, rates and inventory information and data, booking information and data, or
  • have Your technical team work together with ours to integrate Your management system with our Platform.

Benefits to Travel Service Provider

  • We promise You a supportive, innovative and transparent partnership. We combine years of industry experience with continuous data-backed insights to provide You with the services, products and support You need to grow Your business. That’s why we offer the tools, visibility and round-the-clock support You might not get on Your own.
  • We regularly test new features on our Dyafat Platform to make sure You get enough bookings from the right guests, without increasing Your workload. We listen to Your feedback and continually develop our solutions to improve Your experience of using them.
  • Our solutions, tools and services give You in-depth insights into Your service performance. You can compare with Your competitive set, measure up against industry benchmarks, and plan strategies to take Your business to the next level.
  • Our customer service team is here to help You and Your guests 24 hours a day, seven days a week. We offer both phone assistance and a dedicated messaging app.
  • We give You the freedom to open or close Your travel services (activate/deactivate) on our Dyafat Platform whenever You want. With no lock-in contracts, You're in control of Your service availability.

System Agreement

  • These Terms and Conditions (“Agreement”) govern the relationship between Travel Service Provider and Dyafat. Please read this Agreement. This Agreement applies to Your use of the Dyafat system option(s) (the “Dyafat Platform”) which permits You to transmit Your availability, rates, inventory information and data, and booking information and data (collectively the “Travel Service Information”) using electronic connectivity between Your reservation system and the Dyafat System or by Your direct use of Dyafat System to define and manage Your Travel Services.
  • By using the System, You accept these terms. If You do not accept them, You will not be able to use the System

Travel Service Agreement

  • This Agreement is incorporated into and constitutes a material part of Your Dyafat Agreement for the Provision of Your Travel Services to the customers of our Platform, both Corporates and Individuals.
  • This Agreement is entered into between You or Your representative and Dyafat.
  • This Agreement supersedes all prior agreements, written or oral, related to connectivity between Your reservation system and the Dyafat System and/or Your use of Dyafat System.

Travel Service Information

  • Nothing in this Agreement will obligate Dyafat to accept, market or otherwise use any Travel Service Information on or through the Dyafat System or otherwise.
  • Nevertheless, we will do our best to market the Travel Services of our Partners to the highest scale possible.

Customer Service

For customer service issues the Travel Service Provider can contact Dyafat by email to crm@dyafat.com, by calling +966 92 002 3235 or sending WhatsApp message to +966 12 650 5555. Customer Service agents of Dyafat will resolve those issues within 72 hours.

Intellectual Property

  • 1. As between the Parties, Dyafat is the owner of the Dyafat System, anything and everything on its side of the point of entry to the Dyafat System (the “System Point”), the Confidential Information (as defined below) of Dyafat, and all related intellectual property (collectively, the “Dyafat Intellectual Property”), and You are the owner of Your Confidential Information and, subject to the rights of third parties (including Dyafat and its Affiliates), everything that You host on Your systems (collectively, “Your Intellectual Property”).
  • 2. Except as expressly permitted in this Agreement, each Party agrees it has no rights whatsoever with respect to the Intellectual Property of the other Party, and the Parties reserve all rights therein not expressly granted in this Agreement.
  • 3. As used in this Agreement, “Intellectual Property” means Dyafat Intellectual Property and/or Your Intellectual Property, or any part thereof, as the context requires. Each Party agrees not to
    • use the other Party’s Intellectual Property in a manner not authorized by this Agreement (unless expressly authorized by another agreement between the Parties),
    • encumber the other Party’s Intellectual Property in any way, or
    • damage, misuse, disassemble, reverse engineer or otherwise modify, tamper with, or attempt to decrypt the other Party’s Intellectual Property.
  • 4. The Parties will not attempt to patent an invention, register copyright work or obtain any other intellectual property right, if such intellectual property is part of the other Party’s Intellectual Property. Each Party will reimburse the other Party for all costs and expenses of any legal proceeding instigated in System with any such attempt.
  • 5. “Confidential Information” means any non-public, confidential, proprietary or trade secret information in any form that is designated as “confidential” or that a reasonable person knows or reasonably should understand to be confidential. Confidential Information does not include information of a disclosing Party that:
    • becomes publicly available without the receiving Party's breach of any obligation owed to the disclosing Party,
    • became known to Receiving Party prior to disclosing Party’s disclosure of such information,
    • became known to receiving Party from a source other than disclosing Party where such source did not breach an obligation of confidentiality owed to disclosing Party, or
    • is independently developed by the receiving Party.

Compliance with Travel Service Agreement

  • 1. The Parties each recognize and acknowledge that vendors, including connectivity vendors, may provide services to and on behalf of You and, as such, You shall be responsible for Your and such vendors’ compliance with the terms of the Travel Service Agreement, including, without limitation, the confidentiality requirements of the Travel Service Agreement and the obligation to comply with all laws applicable to Your business and operations.
  • 2. You shall also be responsible for ensuring that such vendors maintain policies, procedures, and technologies that are reasonably designed to safeguard the integrity, confidentiality, and security of any data that You or Your vendor receive under the Travel Service Agreement and this Agreement to ensure compliance with the Travel Service Agreement and any applicable laws. If You are using a connectivity vendor, You consent to Dyafat sharing with such vendor any information necessary for the implementation of the System.

License granted by the Travel Service Provider

  • 1. The Travel Service Provider acknowledges and agrees that Dyafat has the right to investigate and prosecute violations of any of these Terms, to the fullest extent of the Laws.
  • 2. The Travel Service Provider acknowledges that Dyafat has no obligation to monitor the Travel Service Provider's access to or use of the Dyafat Platform or to review or edit any Travel Service Provider Content, but has the right to do so for the purpose of operating the Dyafat Platform, to ensure the Travel Service Provider's compliance with these Terms, to comply with applicable Laws, including the order or requirement of a court, administrative agency or other governmental body or as it otherwise deems necessary or appropriate.
  • 3. Dyafat reserves the right, at any time and without prior notice, to remove or disable access to any Travel Service Provider Content including, but not limited to, such Content that Dyafat, at its sole discretion, considers to be in violation of these Terms, applicable Laws, or otherwise harmful to the Dyafat Platform.
  • 4. By making available any Travel Service Provider Content on or through this Dyafat Platform Services, the Travel Service Provider hereby grants to Dyafat a worldwide, non-exclusive, non-revocable, perpetual, transferable and royalty-free right and license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, utilise and otherwise exploit such Travel Service Provider Content to the extent necessary for Dyafat to perform the Dyafat Platform Services.
  • 5. The Travel Service Provider also grants Dyafat the right and license to use, market, promote, display, include and utilise the Travel Service Provider Content for online web-marketing and email marketing purposes) to and for the benefit of the Travel Service Provider.
  • 6. Dyafat runs the online and email marketing campaigns at its own costs and own discretion. Dyafat does not claim any ownership rights in any Travel Service Provider Content and nothing in these Terms will be deemed to restrict any rights that the Travel Service Provider may have to use and exploit any Travel Service Provider Content.
  • 7. Dyafat will not publish, publicly display or perform or otherwise make available to the general public any Travel Service Provider Content outside the scope of the right and license set out in Agreement without the Travel Service Provider's prior permission.

License granted by Dyafat

  • 1. Subject to the Travel Service Provider's compliance with these terms and conditions, Dyafat grants the Travel Service Provider a limited, revocable, non-exclusive, non-transferable and non-assignable right and license to view, download and print any Dyafat Content solely for personal and non-commercial purposes.
  • 2. The Travel Service Provider has no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Dyafat Platform or Dyafat Content, except as expressly permitted in these Terms.
  • 3. No licenses or rights are granted to the Travel Service Provider by implication or otherwise under any intellectual property rights owned or controlled by Dyafat or its Affiliates, except for the licenses and rights expressly granted in these Terms.
  • 4. The Travel Service Provider may use the Dyafat Content under that license for its internal business purposes only and to the extent necessary for the Travel Service Provider to access and use the applicable Dyafat Platform Services (i.e. those provided for free or those provided in connection with a Services Subscription).

Travel Service Provider responsibility

  • 1. The Travel Service Provider acknowledges and agrees that the Travel Service Provider is solely responsible for all Content that the Travel Service Provider make available through the Dyafat Platform. Accordingly, the Travel Service Provider represents and warrants that:
    • the Travel Service Provider is the sole and exclusive owner of all such Content (excluding any Content created or generated by Dyafat) or the Travel Service Provider has all necessary rights, licenses, consents and releases that are necessary to grant to Dyafat the rights and licenses set forth in these Terms, and
    • the Content, its posting, uploading, publication, submission or transmittal of the Content or Dyafat's use of the Content (or any portion thereof) as set forth in these Terms on, through, in connection with or by means of the Dyafat Platform or the Property Dyafat Platform Services does not and will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or violate or result in the violation of any applicable Laws.
  • 2. Dyafat will provide You with international customer service 24/7 from its local offices in multi languages. Sharing Your details with Dyafat’s customer service staff allows them to respond when You need assistance.
  • 3. Dyafat may use Your information for technical, analytical and marketing purposes as further described in the Dyafat privacy statement. This may include that Your information might also be shared with other Dyafat Affiliates for analysis to provide You with travel-related offers that may be of interest to You and to offer You customised service.

Data Processed by Dyafat

  • 1. Applicability: The provisions of this Clause are applicable to the Processing of Personal Data by Dyafat under Dyafat Platform services.
  • 2. Type and scope of Processing of Personal Data: Dyafat Processes Personal Data collected from Dyafat Platform or transferred from Travel Service Provider to Dyafat per Travel Service Provider's Instructions within the scope of Dyafat Platform services for the duration of this Agreement.
  • 3. Data Subjects: the Data Subjects are the End Users.
  • 4. Categories of Personal Data: The Personal Data Processed by Dyafat may include the following categories of data, as determined at the sole discretion of Travel Service Provider:
    • personal details and contact information of End Users including name, address, phone number, email address, IP address, unique user IDs (such as cookie IDs),
    • credit card details and reservation details including communications related to the reservation.
  • 5. Travel Service Provider shall be the Data Controller and Dyafat shall be the Data Processor in accordance with applicable law Processing End User Data which is transferred to Dyafat by the Travel Service Provider or on behalf of the Travel Service Provider. The foregoing does not apply to Personal Data collected through cookies placed on Dyafat Platform.

Fees, Commission, Deposit, Invoices and Payment

  • 1. All fees as charged or due and payable under the Agreement (the "Fees") shall be set out or calculated in accordance with Dyafat Agreement.
  • 2. All (offered) prices are exclusive of taxes.
  • 3. Deposit, Commissions, Invoices and Payment shall be made in accordance with separate agreement between Dyafat and the Travel Service Provider.

Third party invoices

  • 1. The Travel Service Provider agrees and accepts that Dyafat may from time to time collect and process the invoices as issued by Vendors for, in the name of and/or on behalf of the Vendors (and to the extent required, the Travel Service Provider hereby accepts, consents and acknowledges the transfer, set over and assignment of (the right to collect) the claim, if applicable).
  • 2. Dyafat is at all times entitled to settle and set off any amounts due to the Vendors with any amount held or processed by Dyafat of the Travel Service Provider (without further notice).
  • 3. In the event of failure of timely payment of any amounts due to the Vendor(s), Dyafat is entitled to suspend its Services to the Travel Service Provider.

Anti-Fraud Investigation

Notwithstanding anything to the contrary in this Agreement, Dyafat will use reasonable efforts to complete its anti-fraud investigations within 24 hours of booking, but if needed (e.g. on same-day bookings) may cancel any fraudulent or potentially fraudulent reservation without penalty within two (2) hours after the start of providing the Service by the Travel Service Provider.


Privacy and Data Protection

  • 1. The Travel Service Provider is at all times responsible for compliance with all applicable data protection laws.
  • 2. The Travel Service Provider warrants that all Personal Data Processed by Dyafat shall be collected and processed by the Travel Service Provider in accordance with applicable laws including without limitation:
    • ensuring that all Personal Data is collected and Processed fairly and lawfully and that consent has been obtained from the Data Subjects where necessary; and
    • ensuring that all Personal Data is accurate and up to date and that a fair notice is provided to the Data Subjects which describes the Processing to be undertaken by Dyafat pursuant to the Services agreed upon in this Agreement.
  • 3. Travel Service Provider shall indemnify and hold Dyafat harmless against all claims, actions, third party or supervisory authority claims, losses, damages and expenses arising from any breach by the Travel Service Provider of this Clause.
  • 4. Dyafat will ensure that any of its personnel who will have access to the End User Data is obliged to maintain the confidentiality of the End User Data.
  • 5. Dyafat will have in place appropriate technical and organisational measures to protect the End User Data against unauthorised or unlawful Processing and against accidental loss, destruction or alteration of, or damage to, the End User Data.
  • 6. Dyafat will inform the Travel Service Provider without undue delay if it becomes aware of any accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of or access to the End User Data on the systems of Dyafat and shall provide the Travel Service Provider with reasonable assistance in investigating and mitigating the impact of any such data breach.
  • 7. On the termination of the Agreement with the Travel Service Provider, Dyafat will, at the choice of the Travel Service Provider, delete or return all End User Data on its systems to the Travel Service Provider, unless Dyafat is required to retain certain End User Data in order to fulfil its obligations under applicable law.
  • 8. Taking into account the nature of the Processing and the information available, Dyafat will provide reasonable assistance to the Travel Service Provider insofar as this is possible, for the fulfilment of the Travel Service Provider's obligation to respond to requests exercising Data Subject’s rights.

When Dyafat acts as a Data Controller

  • 1. When rendering the Services Dyafat also collects and Processes Personal Data for its own analytical purposes.
  • 2. General information on the Processing of Personal Data by Dyafat can be found in the Dyafat Privacy Statement.
  • 3. The analytical purposes for which Dyafat collects Personal Data include, analysing how the Services or parts of the Services are used, performing tests, product improvement, maintenance and development and trend watching ('Analytics'). It is Dyafat's legitimate interest to perform Analytics.
  • 4. The knowledge gained as a result of Analytics may be included in reports, which Dyafat may use internally and externally and share with third parties.

Warranties, Disclaimer & Limitation of Liability

Warranties

  • 1. Each Party represents and warrants to the other Party that for the term of this Agreement:
    • a. it has the full corporate power and authority to enter into and perform its obligations under this Agreement;
    • b. it has taken all corporate action required by it to authorise the execution and performance of this Agreement;
    • c. this Agreement constitutes legal valid and binding obligations of that Party in accordance with its terms, and
    • d. it shall comply with all applicable Laws of the jurisdiction where it is incorporated with respect to the products (to be) offered and/or services (to be) rendered by such Party.
  • 2. The Travel Service Provider represents and warrants to Dyafat that for the term of this Agreement:
    • a. the Travel Service Provider has all necessary rights, power and authority to use, operate, own (as applicable), (sub)license and have Dyafat make available on the Dyafat Platform (a) the Service, and (b) the intellectual property rights in respect of, as set out or referred to in the information relating to or regarding the Service.
    • b. the execution and entering into of this Agreement and the performance of the relevant obligations under this Agreement (including the (sub)license granted under this Agreement and the supply and making available of the Content) by the Travel Service Provider to Dyafat does not (i) result in a breach of any agreement with any third party, and (ii) infringe any third party intellectual property rights (including copyright, trade mark, patent or database right);
    • c. the Travel Service Provider and its (their) directors and (direct, indirect and ultimate (beneficial)) owners (and their directors) are not in any way connected to, part of, involved in or related to or under the control, management or ownership of:
      • i. terrorists/terrorism organizations;
      • ii. blocked person/entities or subject to any applicable trade embargo, or financial, economic and trade sanctions, and
      • iii. parties / persons guilty of money laundering, bribery, fraud or corruption.
      • 3. The Travel Service Provider shall upon first request of Dyafat fully cooperate and assist Dyafat with (and disclose all reasonably requested information in respect of) the identification of the (ultimate) owner, manager and/or controller of the Travel Service Provider promptly inform Dyafat of any breach of the warranties set out above.

Disclaimer

  • 1. Except as otherwise expressly provided in this Agreement, neither Party makes any representation or warranty, express or implied, in connection with the subject matter of this Agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability or fitness for a particular purpose regarding such subject matter.
  • 2. The Dyafat Platform, the Services and Dyafat Content (including Legal Documents) are provided on an 'as is' and 'as available' basis, without warranty of any kind, either express, statutory or implied. Furthermore, Dyafat explicitly disclaims any (express, implied or statutory) warranty of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, or any warranties arising out of a course of dealing or usage of trade, product or service. Dyafat makes no warranty that the Dyafat Platform, Services or Dyafat content will
    • a. meet the Travel Service Provider's requirements,
    • b. comply with applicable laws, or
    • c. be available on an uninterrupted, secure or error-free basis.
  • 3. Dyafat makes no warranty regarding the quality of any products, services or Dyafat content purchased or obtained through the Dyafat Platform or Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content, including end/other users' content, obtained through the Dyafat Platform or Services. For clarity, no advice or information, whether oral or written, obtained from Dyafat or through the Dyafat Platform, Services or Dyafat Content will create any warranty not expressly made herein.
  • 4. As part of its Services, Dyafat may from time to time create, host, develop, manage, offer, make available, use or maintain legal documents that apply vis-à-vis end users/visitors of the Dyafat Platform or customers of the Travel Service Provider e.g. terms and conditions, privacy statement, cookie notice (cancellation/no-show) policies, FAQs (collectively the 'Legal Documents') to or for the benefit of the Travel Service Provider or that the Travel Service Provider can use for its own products and services and on the Dyafat Platform. Dyafat does not give any comfort, guarantee or warranty (and disclaims any responsibility and liability) that these Legal Documents
    • a. comply with all applicable laws, and
    • b. are valid, binding and enforceable.

Limitation of Liability

  • 1. The use of the Legal Documents is at the Travel Service Provider's own risk and account and the Travel Service Provider is strongly advised to seek (at its own costs) legal consultation and advice from its lawyer(s) in order to make sure that these legal documents comply with all applicable laws and are valid, binding and enforceable.
  • 2. Travel Service Provider shall be solely and at its own costs responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Dyafat Platform and Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.
  • 3. The Travel Service Provider acknowledges and agrees that, to the maximum extent permitted by applicable Laws, the Travel Service Provider accepts and assumes all risks, whether known or unknown to the Travel Service Provider, arising out of the Travel Service Provider's access to and use of the Dyafat Platform, Services and Dyafat Content.
  • 4. Without limiting the foregoing and to the maximum extent permitted by applicable Laws, the Travel Service Provider also acknowledges and agrees that Dyafat will not be responsible or liable for, or incur any, claims, causes of action, suits, penalties, fines, losses, damages, costs or expenses (including reasonable attorney's fees) (collectively, the 'Claims') arising out of or in connection with these Terms or from the Travel Service Provider's access or use of, or inability to access or use, the Dyafat Platform, Services or Dyafat Content for or arising out of the following:
    • a. personal or bodily injury or death or emotional distress;
    • b. interactions or meetings with other customers or users of the Dyafat Platform or Services or other persons with whom Travel Service Provider communicate or interact as a result of the Travel Service Provider's use of the Dyafat Platform or Services;
    • c. loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunications and Internet services (or the failure of such services) that Travel Service Provider use to access or use the Dyafat Platform, Services or Dyafat Content;
    • d. any failure, omission or delay by Dyafat in performing its obligations under this Agreement due to circumstances beyond its reasonable control (including force majeure);
    • e. improper use or misuse of the Services;
    • f. implementation or use of software by the Travel Service Provider that is not compatible with the software and systems as used by Dyafat in respect of the Services or Dyafat Platform; and
    • g. any other Claims arising out of or relating to the Travel Service Provider's acts or omissions or the acts or omissions of any third-party, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dyafat has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
  • 5. Without limiting the foregoing, the Travel Service Provider acknowledges and agrees that if Dyafat is found liable for any Claims, or for any other Claims arising hereunder, including for its breach of these Terms, Dyafat and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, moral or consequential damages or losses, including, without limitation, loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or loss of data, or the cost of acquiring substitute products or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dyafat has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Term, Termination & Suspension

  • 1. This Agreement shall be effective upon acceptance of the Travel Service Provider by Dyafat and shall continue for the term as set out in a separate Agreement, unless earlier terminated or extended in accordance with the provisions of this Agreement.
  • 2. Upon expiration of the Initial Term or in the absence of an Initial Term, this Agreement shall be entered into for an indefinite period of time. After the Initial Term (if applicable), each Party may terminate this Agreement at any time and for any reason with due observance of a notice period of 14 days, unless indicated otherwise in the Agreement.
  • 3. Unless agreed otherwise by the Parties, in the event that Parties have agreed to a Trial Period, this Agreement shall automatically continue upon expiration of the Trial Period for additional terms of 12 months each or the Initial Term (if applicable) (each an 'Additional Term'), unless the Travel Service Provider gives notice of termination at any time during the Trial Period or 14 days before expiration of the relevant Additional Terms, in which event the Agreement shall expire and terminate at the end of the Additional Term.
  • 4. Each Party may terminate this Agreement or suspend this Agreement in respect of the other Party, with immediate effect and without notice of default being required in case of:
    • a. a material breach by the other Party of any term of this Agreement or any other agreement entered into between the Travel Service Provider and any affiliated of Dyafat, or
    • b. (filing of a request for) bankruptcy or suspension of payment (or similar action) in respect of the other Party.
  • 5. In the event of termination or expiration of this Agreement, the Intellectual Property clauses shall survive termination
  • 6. In the event of termination or expiration of this Agreement, End User Data will be deleted within 60 days after the termination or expiration date.

Miscellaneous

  • 1. All notices and communications must be in English or Arabic, in writing, and sent by email or nationally recognised overnight air courier to the applicable email address or address set out in the Agreement.
  • 2. Each Party shall bear its own costs and expenses in connection with the entering into, execution and performance under this Agreement (including the integration and connection).
  • 3. Save as set out otherwise in this Agreement, neither party shall be entitled to assign, transfer, encumber any of its rights and/or obligations under this Agreement without the prior written consent of the other party. This Agreement is concluded for the benefit of the Parties and their respective successors and permitted assignees, and nothing herein is intended to or shall implicitly confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement, except to the extent explicitly stated otherwise in this Agreement.
  • 4. To the extent required, the Travel Service Provider agrees and acknowledges that Dyafat may at all times without prior approval or notice assign, transfer, novate, encumber and set over its claim under the invoices (including invoicing and debt collection) to an affiliate of Dyafat or a debt collecting agency or request an affiliate of Dyafat to invoice and collect the debt for and on behalf of Dyafat.
  • 5. If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
  • 6. The original English version of this Agreement may have been translated into other languages. The translated version of the English Terms is a courtesy and office translation only and the Travel Service Provider cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall prevail, apply and be binding and conclusive. The English version shall be used in legal proceedings.
  • 7. In respect of (or as an award for) the execution, delivery, sealing, registration, filing of, and/or the execution, performance or delivery under or pursuant to, the Agreement, the Travel Service Provider (including its employees, directors, officers, agents or other representatives) shall not directly or indirectly
    • a. offer, promise or give to any third party (including any governmental official or political party's official, representative or candidate, or
    • b. seek, accept or get promised for itself or for another party, any gift, payment, reward, consideration or benefit of any kind which would or could be construed as bribery or an illegal or corrupt practice,
  • 8. The Agreement may be entered into online or by way of executing a separate counterpart or by pdf or fax copy, each of which (copies) shall be deemed an original, valid and binding.
  • 9. The Agreement only enters into force and effect upon written confirmation of acceptance and approval of the Travel Service Provider by Dyafat. The Travel Service Provider agrees, acknowledges and accepts the terms and conditions of this Agreement.
  • 10. The Agreement does not need any chop or seal to make it valid, binding and enforceable. Upon first request of the Travel Service Provider, Dyafat will prepare and forward to the Travel Service Provider the Act of Acceptance once per month in relation to the services rendered during the previous month.

Governing Law and Jurisdiction

  • 1. This Agreement shall be exclusively governed by and construed in accordance with the laws of Saudi Arabia. Any disputes arising out of or in connection with this Agreement shall exclusively be submitted to and dealt with by the competent court in Jeddah, Saudi Arabia.
  • 2. Parties agree and acknowledge that notwithstanding this Clause, nothing in this Agreement shall prevent or limit Dyafat in its right to bring or initiate any action or proceeding or seek interim injunctive relief or (specific) performance before or in any competent courts where the Travel Service Provider is established or registered under the laws of the relevant jurisdiction where the Travel Service Provider is established or registered and for this purpose, the Travel Service Provider waives its right to claim any other jurisdiction or applicable law to which it might have a right.

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