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almuayed.com is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.
You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Sites and/or any of its related applications or services; any dealings with almuayed.com, including with our marketing and customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by almuayed.com; or our Privacy Policy (collectively, “Claims”) by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days of receipt, you may seek relief through arbitration or small claims court, as set forth below. This informal process is a condition precedent to your ability to initiate a claim in arbitration or small claims court.
This Agreement shall be governed by the laws of the State of Ohio, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third- party and almuayed.com its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Ohio, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against almuayed.com, its subsidiaries or affiliates, any travel service providers or companies offering products or
a. sought. If almuayed.com and you, or almuayed.com and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or almuayed.com is entitled. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon.
b. To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for Ohio or, if there is no federal jurisdiction over the action, in the courts of the State of Ohio located in Butler County, Ohio. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.d below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Ohio, without regard to conflict of law’s provisions that would result in the application of the laws of any other jurisdiction.
c. You and any Third-party further agree that no proceeding against almuayed.com, its affiliates, or any travel service providers or companies offering products or services through the Site (under this provision or otherwise) may proceed as a class action’ or proceed on a basis involving claims brought in a purported representative capacity (either on behalf of the general public or other users or persons). However, where applicable, the arbitrator shall have the authority to award equitable or injunctive relief which necessarily may affect the rights and obligations of persons not party to the arbitration (i.e. public injunctive relief).
d. Upon motion of one or more affected parties, the arbitrator may, in its discretion, consolidate more than one arbitration with one or more related arbitrations involving similar claims in an effort to ensure that the arbitration process is an efficient, timely and cost-effective alternative to litigation. All parties will retain the right to request an individualized hearing. Notwithstanding the foregoing, the arbitrator may not preside over any form of a representative or class proceeding that would affect the rights of any individual, unless that individual has actually initiated and is currently maintaining a demand for arbitration pursuant to this Agreement.
e. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, almuayed.com will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against almuayed.com, almuayed.com will reimburse such prevailing party for any fees or costs the prevailing party paid in connection with the arbitration.
f. If you prevail in the arbitration, the arbitrator may award you statutory damages and/or your reasonable attorney fees and expenses, to the extent that the arbitrator believes them to be necessary or mandated by law. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to almuayed.com’s last written settlement offer to you, almuayed.com will pay only the amount of the award, not the minimum recovery.
g. Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, almuayed.com will not be entitled to seek reimbursement of its attorney’s fees for any Claim the arbitrator finds to be non-frivolous.
h. With the exception of sub-part (d) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (d) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor almuayed.com shall be entitled to arbitrate their dispute.
i. Arbitration rules and forms may be obtained from AAA at https://www.adr.org or by calling AAA at 1-800-778-7879.
j. If you or any Third-party do not choose to accept this binding arbitration provision, you or such third-party must notify almuayed.com in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this Site, whichever date is sooner. Such notice shall be sent to the notice address defined in subsection (b), above. If you so notify us by that time that you do not accept the binding arbitration provision, you and any such third-party may not continue to purchase services or products on this Site unless and until almuayed.com notifies you or such third-party otherwise. almuayed.com shall have the right to prohibit your and such Third-party’s future purchase of services or products on this Site.
You, the User, have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call almuayed.com prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us. almuayed.com will work with you in resolving your concerns. almuayed.com retains the right to dispute any chargeback that it believes is improper, as described more fully below. almuayed.com also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.
By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. In all cases, the cancellation policy of each reservation is made available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. almuayed.com deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User.
a. Chargebacks resulting from non-cancellable reservations in the event that almuayed.com or the Supplier cannot provide a refund, whether or not the reservation is used.
b. Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
c. Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description.
d. Chargebacks resulting from force majeure or other circumstances that are beyond the control of llltrtavelagency.com or its subsidiaries.
All content contained within or available through this Site are provided to you on an "as is," basis. almuayed.com makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, almuayed.com disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. almuayed.com does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. almuayed.com does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.
Without limiting the foregoing, no warranty or guarantee is made
To the extent permitted by law, in no event shall almuayed.com, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to:
The travel service providers are independent contractors and not agents or employees of the Covered Parties. To the extent permitted by law, the Covered Parties do not assume liability or for any injury, damage, death, loss, accident or delay due to an act or omission of a Travel Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control.
No Covered Party shall be responsible for any Travel Service Provider's breach of warranty, nor for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement or with applicable federal, state, provincial and local law.
To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, user agrees the liability of any such party shall in no event exceed the total charge to the user assessed by almuayed.com for making a Request.
The content on this Site is protected under United States and international laws, including trademark and copyright laws. The content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, lodging star rating system, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of “Content”), are proprietary to and owned by almuayed.com, its corporate affiliates, and/or the Travel Service Providers. Some trademarks, service marks and other company designations on the Site may belong to third parties or Travel Service Providers and are used on the Site under license or for identification purposes only. The use of marks on the Site that belong to third parties, and the availability on the Site of goods or services from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Site and its services by any such third party.
The Content includes, but is not limited to, the following trademarks and service marks, and registered trademarks and service marks, owned by almuayed.com:
almuayed.com respects the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:
