Terms and Conditions

1 (i) These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.holidaymoments.ae website (the "Service") operated by Holiday Moments Tourism LLC ("us", "we", or "our").

(ii) Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Service.

(iii) By accessing or using the Service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the Service.

(iv) Each user agrees to accept and comply with any and all guidelines,notices, rules, policies and instructions pertaining to the access and use of this Website, as well as any amendments to the aforementioned, and posted on this Website, from time to time. If any user does not accept these Terms of Use, the user must stop accessing and using this Website.

(v) In order to validly use this website you must be over 18 years of age and possess a valid credit/debit card acceptable to us or our suppliers.

2. Purchases

(i) If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain personal and non personal information relevant to your Purchase including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.

(ii) You represent and warrant that: (i) you are the holder of or you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

(iii) By submitting such information, you grant us the right to use and provide the information to any third parties for purposes of facilitating the completion of purchases or any other purpose.

(iv) We reserve the right to refuse or cancel your order at any time for any reason whatsoever, including but not limited to: product or service unavailability, errors in the description or price of the product or service, error in your order or other reasons.

(v) We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected or reported.

3. Availability, Errors and Inaccuracies

(i) We are constantly updating our offerings of products and services on our website. The products or services available on our website may not always display or offer a correct price for goods or services offered, describe accurately, or make available, and we may experience delays in updating information on the website regarding the same on our advertising on other web sites.

(ii) We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4. Contests, Sweepstakes and Promotions

(i) Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through our website or other advertisements on other websites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy for more information. If the rules for a Promotion conflict with these Terms, the Promotion rules will prevail and apply.

5. Content

(i) Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post onto our website, including its legality, reliability, and appropriateness.

(ii) By posting Content onto our website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our website. You retain any and all of your rights to any Content you submit, post or display on or through the use of our website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to their own Terms.

(iii) You represent and warrant that:

(i) the Content is yours (you own it) or you have the right to use and display it and grant us the rights and license as provided in these Terms, and

(ii) the posting of your Content on or through our website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

6. Accounts

(i) When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with us for provision of our Service.

(ii) You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password, whether your password is with our website or a third party service.

(iii) You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and you agree to exclude us and hold harmless from any and all liability or damage caused as a result of such breach, whether direct or indirect and whether or not disclosed to us or acted upon by us.

(iv) You may not use as a username the name of another person or entity or that which is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

7. Intellectual Property

(i) The website, its use and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Holiday Moments Tourism LLC and its licensors. The Service, website and its use is protected by copyright, trademark, and other laws of both the United Arab Emirates and foreign countries. Our trademarks, logos, design and copyrights may not be used in connection with any product or service without the prior written consent of Holiday Moments Tourism LLC.

(ii) A description or reference to a product or service on this Website does not constitute endorsement of any product or service. The third party’s trademarks and images of their products, services and/or locations displayed on this Website, which are in no way associated or connected with us and you should not assume such connection or association.

(iii) Each user of this website who acquires or wishes to acquire any product appearing on this Website is advised to conduct its own due diligence inquiries, checks and investigations, including (without limitation) consulting the relevant government or regulatory authorities, and seeking its own independent legal advice, as may be necessary and appropriate, so as to satisfy itself and ensure that such product or service and the Relevant Activities in relation to such product does not and will not infringe any rights and interests ( of any person or entity) and are and will be in compliance with all applicable laws and regulations.

8. Links To Other Web Sites

(i) Our website may contain links to thirdparty web sites or services that are not owned or controlled by Holiday Moments Tourism LLC. Holiday Moments Tourism LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Holiday Moments Tourism LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

(ii) We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit or has a link to on our website.

(iii) We assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. You agree that your rights and remedies in respect thereof are governed solely by other applicable agreements between you and the relevant third party.

9. Termination

(i) We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you provide inaccurate or misleading information, misuse the website or breach any of these Terms.

(ii) Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

10. Limitation Of Liability

(i) In no event shall Holiday Moments Tourism LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

(a) your access to or use of or inability to access or use the Service;

(b) any conduct or content of any third party on the website;

(c) any content obtained from the website and

(d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

(i) Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement or course of performance.

(ii) Holiday Moments Tourism LLC its subsidiaries, affiliates, partners, employees and its licensors do not warrant that

a) the Service will function uninterrupted, secure or available at any particular time or location;

b) any errors or defects will be corrected;

c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

12. Indemnity

(i) Users shall indemnify Holiday Moments Tourism LLC, against any Liabilities that may be suffered, sustained or incurred, directly or indirectly, by
Holiday Moments Tourism LLC, as a result of, or arising from or in connection with:

a.Holiday Moments Tourism LLC, having made available this Website or having entered into these Terms of Use with such Users; or

b. the enforcement of the Holiday Moments Tourism LLC, rights under these Terms of Use; or

c. any action taken by Holiday Moments Tourism LLC, in reliance upon anyinstructions which such Users may give in relation to this Website or theiraccess thereto or use thereof ; or

d. any misrepresentation, negligence, fraud and/or misconduct, and/or any breach of these Terms of Use, by or on the part of such Users.

13. Limitation of liability

(i) Notwithstanding any other provision of these Terms of Use, the maximum liability of all of Holiday Moments Tourism LLC, and/or its other relevant members and their licensors, dealers, distributors, representatives, agents, directors, officers or employees, or third parties (if any) involved in the creation, production or delivery of this Website or any of the overall content, in respect of all Liabilities under, arising out of or in connection with these Terms of Use and the provision of this Website and the overall content, shall in no event exceed in the aggregate the sum of one United Arab Emirates Dirham (AED 1.00) only, whether in contract, tort, including negligence or otherwise, or for any loss, damage or liability whatsoever.

14. Relationship of parties

(i) The relationship of the Users and Holiday Moments Tourism LLC, established by these Terms of Use shall be solely that of independent contractors. Nothing contained in these Terms of Use shall constitute or be construed as creating any fiduciary, partnership, joint venture, agency or sales representative relationship between the Users and Holiday Moments Tourism
LLC, and neither of the Users and Holiday Moments Tourism LLC, shall have any right whatsoever to incur any obligations or liabilities on behalf of or binding on the other party.

15. Governing Law

(i) These Terms shall be governed and construed in accordance with the laws of United Arab Emirates, without regard to its conflict of law provisions.

(ii) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court or law, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and the use or website, and supersede and replace any prior agreements we might have between us regarding the Service or the use of website.

16. Changes

(i) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

(ii) By continuing to access or use our website and Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

17. Contact Us

(i) If you have any questions about these Terms, please contact us.

(ii) Holiday Moments Tourism, PO Box 15134, Dubai, UAE, tel +971 455 199 76, fax +971 455 201 03, email info@holidaymoments.ae, acts only in the positions of agents for owners, operators, public carriers and such other persons who shall provide tours, transportation and other services hereunder.

(iii) Voucher, coupon and all other tickets issued in respect of the services provided herewith are provided and issued subject to the conditions of the owners, operators, public carriers and such other persons who provide the service to the clients.

(iv) As agents and to the extent that Holiday Moments may itself provide such services, Holiday Moments shall not be made liable to the recipient or any person purchasing this voucher on behalf of the client; hereunder to the extent permissible by UAE law, Holiday Moments shall not bear the cost in any sort, either for the contract loss, lawyers’ costs/fees, damages, delay or expense without limitation any death, injury or illness to any person or any loss or damage to property which may be experienced by a client, caused or arising from, during or as consequence of the performance or nonperformance by any person of any tour, transportation or other services provided.

(v) Holiday Moments reserves the right to cancel or withdraw any tour prior to departure and to decline, accept or return any person(s) as a member of a tour at any time. In such cases, refund will be based on the actual cost of the unfinished portion of the tour.

(vi) Upon notice, Holiday Moments reserves the right for any reason whatsoever, to alter or omit any part of any tour for which a booking has been made and the client shall not be entitled to any refund in respect of such alteration or omission but the extra cost, if any , resulting there from must be paid by the client.

(vii) No refund will be payable to a client in respect to a booking canceled less than twenty four(24) hours prior to departure of a tour. However some of the services, excursions or tickets such as AT THE TOP will be nonrefundable. It might be also possible for some of the activities as Dolphin Bay and all other Prime excursions in Atlantis may have an extended No refund policy of 72hours.

(viii) The acceptance of the voucher/booking confirmation by the client or by the person purchasing this voucher on behalf of the client shall be deemed to consent to and to accept by such person (s) of the conditions here in

(ix) The full price of any tour shall be due and payable when a booking is made, Holiday Moments may cancel any booking if the full price of the tour is not paid at the time of a booking or if the payment has been declined for any reason by our Bank.

(x) All types of Safaris are conducted in English language only. Safaris involve offroad driving through rugged terrain, for this reason we regret we are unable to accept any passengers with heart and back conditions, pregnancy and passengers aged under three (3)years or over sixty five (65) years. There is seating for six (6) guests plus one driver. The seats are as follows: one next to the driver, there in the middle row and two in the back row. Seats cannot be pre-allocated.Special arrangements can be made for the Dune Dinner Safari. Please speak to your representative for further information. Guests are advised to carry a light sweater/jumper during Winter as it might be cold in the evening.

(x) All theme parks provide regular updates on the availability of all rides and attractions. You may check for the updates upon entry an the gate or by logging to our website or the attraction Park's website. Please note that Holiday Moments Tourism will not be responsible for any refunds weather partial or full for rides non-operational for any reason. al for any reason.

18. Privacy Policy

Last updated: June 10, 2018

(i) Holiday Moments Tourism LLC ("us", "we", or "our") operates the https://www.holidaymoments.ae website (the "Service").

(ii) This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

(iii) We will not use or share your information with anyone except as described in this Privacy Policy.

(iv) We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://www.holidaymoments.ae

19. Information Collection And Use

(i) While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, and other information ("Personal Information").

(ii) Although we are committed to protecting your privacy and making sure that your confidential information, including personal, credit and debit cards information is kept private, the Website may contain links to and advertisements from other companies/websites, which are not operated by us or which we do not control. Therefore, by opening the links or advertisements posed on this website we do not accept any responsibility or liable for any loss or damage that may occur as a result. The use of the links and advertisements that may appear on this website will be governed by and subject to the terms of use and service of that particular website/company.

(iii) We will not be liable for any loss or damage caused by a distributed viruses or other technologically harmful material that may infect your computer, its programs, data or other proprietary material due to your use of this Website or while downloading anything that is displayed or posted by other websites or links to the same on our website or on any website linked to it.

(iv) We do not sell, give away or otherwise dispense your credit/debit card numbers with expiry dates, email or billing address to any third party. However, when you place an order, your name, email address, mailing address, billing address, and credit card number will be provided directly to our payment provider via a secured connection. This information allows us to process and fulfill your order and to notify you of your order status.

(vi) Yet, as a case may be, such information may be subject to fraud or other criminal activities practiced by others through cookies, web beacons and other technologies. Please note that we do not have access to or control over the information any third party may obtain and therefore we do not accept any liability. The card holder must retain a copy of every transaction carried out on this website, which also is subject to Merchant’s own terms and conditions.

20. Log Data

(i) We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

(ii) In addition, we may use third party services such as Google Analytics that collect, monitor, store and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information and we shall not be held responsible for either misuse or use of such information against our terms.

21. Cookies

(i) Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

(ii) We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

22. Double Click Cookie

(I) Google, as a third party vendor, uses cookies to serve ads on our website. Google's use of the Double Click cookie enables it and its partners to serve ads to our users based on their visit to our website or other web sites on the Internet. You may opt out of the use of the Double Click Cookie for interest based advertising by visiting the Google Ads Settings web page:

23. Behavioral Remarketing

(i) Holiday Moments Tourism LLC uses remarketing services to advertise on third party web sites to you after you visited our website. We, and our third party vendors, use cookies to inform, optimize and serve ads based on your past visits to our website.

(ii) Google:

(a) Google Ad Words remarketing service is provided by Google Inc. You can optout of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

(b) Google also recommends installing the Google Analytics Optout Browser Addon https://tools.google.com/dlpage/gaoptout foryour web browser. Google Analytics Optout Browser Addon provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

(c) For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

(iii) Facebook

(a) Facebook remarketing service is provided by Facebook Inc.

(b) You can learn more about interest based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To optout from Facebook's interestbased
ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217

(c) Facebook adheres the Self Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also optout from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or optout using your mobile device settings.

(d) For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

24. Service Providers

(i) We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Servicerelated services or to assist us in analyzing how our Service and website is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

25. Communications

(I) We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You expressly agree to such use and contact but may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

26. Compliance With Laws

(i) We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

27. Business Transaction

(i) If Holiday Moments Tourism LLC is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a result. We will provide notice before your Personal Information is so transferred and becomes subject to a different Privacy Policy.

28. Security

(i) The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

29. International Transfer

(i) Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United Arab Emirates and choose to provide information to us, please note that we transfer the information, including Personal Information, to United Arab Emirates and process it there. Your consent to this Privacy Policy followed by your submission of such
information represents your agreement to such transfer.

30. Links To Other Sites

(I) Our website may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

31. Children's Privacy

(i) Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 18 without verification of parental consent, we take steps to remove that information from our servers.

(ii) In no event shall we be held liable or responsible for receipt or misuse of such information by any third party or service provider.

32. Changes To This Privacy Policy

(i) We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

(ii) You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. If you have any questions about this Privacy Policy, please contact us.

33. Cookies Policy

Last updated: June 10, 2018

(i) Holiday Moments Tourism LLC ("us", "we", or "our") uses cookies on the https://www.holidaymoments.ae website (the "Service"). By using the Service, you consent to the use of cookies.

(ii) Our Cookies Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

34. What are cookies

(i) Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows us or a third party to recognize you and make your next visit easier and the Service more useful to you.

(ii) Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go off line, while session cookies are deleted as soon as you close your web browser.

35. How Holiday Moments Tourism LLC uses cookies

(i) When you use and access the website, we may place a number of cookies files in your web browser.We use cookies for the following purposes:

• To enable certain functions of the website
• To provide analytics
• To store your preferences
• To enable advertisements delivery, including behavioral advertising

(ii) We use both session and persistent cookies on the Service and we use different types of cookies to run the website :

• Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
• Preferences cookies. We may use preferences cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality of a registered user or a user's language preference.
• Analytics cookies. We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.
• Advertising cookies. These type of cookies are used to deliver advertisements on and through the Service and track the performance of these advertisements. These cookies may also be used to enable third party advertising networks to deliver ads that may be relevant to you based upon your activities or interests.

36. Thirdparty cookies

(i) In addition to our own cookies, we may also use various thirdparties cookies to report usage statistics of the website, deliver advertisements on and through the website and so on.

37. What are your choices regarding cookies

(i) If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

(ii) Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

• For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
• For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
• For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/enUS/kb/deletecookiesremoveinfowebsitesstored
• For the Safari web browser, please visit this page from Apple:https://support.apple.com/kb/PH21411?locale=en_US
• For any other web browser, please visit your web browser's official webpages.

38. Where can you find more information about cookies

(i) You can learn more about cookies and the following third party websites:
• All About Cookies: http://www.allaboutcookies.org/
• Network Advertising Initiative: http://www.networkadvertising.org/

(ii) Holiday Moments uses cookies to optimize the user experience. If you continue without changing your settings, you are contesting to the use of cookies. For further information, please see our Privacy Policy and Cookie Policy.

39. Disclaimer

Last updated: June 10, 2018

(i) The information contained on https://www.holidaymoments.ae website (the "Service") is for general information purposes only.

(ii) Holiday Moments Tourism LLC assumes no responsibility for errors or omissions in the contents on the website or Service on our website .

(iii) In no event shall Holiday Moments Tourism LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the website and Service on the website or the contents of the Service or website. Holiday Moments Tourism LLC reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

(iv) Holiday Moments Tourism LLC does not warrant that the website is free of viruses or other harmful components.