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Terms and Conditions for the Booking and Purchase through the Visit Oman Platform

These Terms Constitute A Legal Agreement.

By your use of the Service, you agree to comply with all of the terms and conditions set out herein, as amended periodically. Visit Oman may terminate your account at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believe is harmful to our business, or for conduct where the use of the Service is harmful to any other party. 

We may, in our sole discretion, change or modify these Terms at any time, with or without notice. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with these Terms.

These Terms and Conditions and any additional terms posted on www.visitoman.om ("Site") ("Site") together constitute the basis of the relationship between The National Travel Operator LLC, trading as ‘Visit Oman’, a sole proprietor company with commercial registration number 1359416, whose registered address is Al Seeb Muscat Governate, Sultanate of Oman (VISIT OMAN); and

You ("the customer or registered Travel Agent") with respect to your use of this Site.

Whereas:

A You the Customer or The Travel Agent wishes to book and purchase Flights, Accommodation, Tours, Transfers, Activities, Attractions, Extras and other Products through the VISIT OMAN Platform or via offline channels; and 

B This Agreement contains the terms and conditions governing those bookings and purchases.

It is agreed:

1 Definitions

In this Agreement, the following definitions and rules of interpretation apply:

Accommodation means the hotel accommodation, apartments, and luxury camping accommodation including all facilities and related services made available to the Travel Agent for booking and purchase through the Platform.

Activities means the activities made available to the Travel Agent for booking and purchase through the Platform from time to time.

Agreement means the terms and conditions contained in this document, together with all schedules and annexes, and the terms and conditions applicable to the relevant Product and / or Package on the Platform.

Attractions means those attractions, tickets or services which are made available to the Travel Agent for booking and purchase through the Platform.

Build-a-Package means a combination selected by the Customer or Travel Agent of two or more Products offered on the Platform available for bundling.

Cancellations means the cancellation of any Product and/or Package booked through the Platform including no-shows.

Claim means any written claims, demands, proceedings or actions.

Complaint means a complaint received from Customers in relation to a Product.

Customers means any natural person who is provided with a Product booked or purchased through the platform or though a Travel Agent from the Platform as the final end customer for that Product.

Customer Data means all information (including, without limitation, names, addresses, e-mail addresses, telephone numbers, dates of birth, transaction data, demographic data, behavioural data, customer service data, correspondence and other documents and information) obtained from Customers in connection with the Products and/or Packages and/or any other transactions entered iVisit Oman for such Customers on the Platform.

Extras means those extras that are made available to the Travel Agent for booking and purchase through the Platform.

Flights means those air passenger tickets that are made available to the Travel Agent for booking and purchase through the Platform.

Force Majeure Event means any acts of God, war, acts of terrorism, riot, civil commotion, governmental actions, severe weather conditions and any similar events beyond the reasonable control of an affected party. Any event will only be considered force majeure if it is not attributable to the wilful act, neglect, default or other failure to take reasonable precautions of the affected party, its agents, employees or contractors.

Modifications means changes to any details of the booking of a Product and/or Package, which makes any of the elements of the booking different from what was originally booked.

Offline channels means any traditional communication channels referring to any inquiries or bookings made through telephone calls, electronic mail (email), or postal mail correspondence.

Package means a Build-a-Package or a Special Package, as the case may be.

Platform means the website and related app through which VISIT OMAN offers the booking and purchase of the Products.

Products means the Flights, Accommodation, Tours, Transfers, Activities, Attractions, Extras and other travel-related Services offered by VISIT OMAN for booking and purchase by the Customer or Travel Agent through the VISIT OMAN Platform or offline channels, as may be supplemented or modified by VISIT OMAN in its sole discretion from time to time.

Product Provider means the ultimate supplier of the relevant Product.

Rates means the charges that apply to a relevant Product or Package.

Services means those services made available to the Customer or Travel Agent for purchase on the Platform or offline channels which are ancillary or complimentary to the other Products, as may be modified by VISIT OMAN in its sole discretion from time to time.

Special Package means a special pre-selected package consisting of a combination of Products offered on the Platform or offline channels on an as-is basis, subject to limited Modifications, from time to time by VISIT OMAN in its sole discretion.

Tours means those tours that are made available to the Customer or Travel Agent for booking and purchase through the Platform or offline channels.

Transfers means those land, air and/or sea transport transfers that are made available to the Customer or Travel Agent for booking and purchase through the Platform or offline channels.

VAT means value added tax or any equivalent sales tax that is required to be levied on amounts payable pursuant to the Agreement.  

2 The Agreement

The Parties agree that this Agreement shall govern the terms under which the Customer or Travel Agent books and purchases Products and / or Packages on the VISIT OMAN Platform or offline channels.

3 Terms of Provision of the Products and Access to the Platform

3.1 In providing Products through the Platform for booking or purchase by the Customer or Travel Agent, VISIT OMAN is acting as principal rather than agent of any Product Providers, and the relevant contract is a direct one between the Travel Agent and VISIT OMAN in this respect.  

3.2 The terms and conditions of this Agreement include these main terms as well as any other Schedules or Annexes, in addition to any terms stated on the Platform to apply in respect of a relevant Product(s) and/or Package(s) and accepted by the Customer or Travel Agent. The latter terms stated on the Platform become binding as part of this Agreement when the Customer or Travel Agent makes a booking of the relevant Product and / or Package.

3.3 In case of any conflict between these terms and the terms indicated as applicable to any Product(s) and/or Package(s) on the Platform, the terms on the Platform shall prevail.

3.4 In order to access the Platform, the Travel Agent and its verified company employees must be registered. If VISIT OMAN has not provided confirmation of registration (in which case VISIT OMAN will register and process the Travel Agent company details and provide the Travel Agent company and verified employee with log-in details), the Travel Agent will need to register on the Platform.

3.5 The Travel Agent may only be registered as a Travel Agent in the manner indicated by VISIT OMAN and may not register as any other form of user. The Travel Agent may only use the Platform through its registered access as a Travel Agent.

3.6 The Travel Agent may only be registered as a Travel Agent in the manner indicated by VISIT OMAN and may not register as any other form of user. The Travel Agent may only use the Platform through its registered access as a Travel Agent.

3.7 At the time of registering with the Platform the Travel Agent shall be required to select, out of available options, the currency in which it prefers to be charged and to pay for the Products, Packages and any other services provided by VISIT OMAN, whether through the Platform or otherwise. The Travel Agent may modify the currency from time to time, provided that it shall not be possible to modify the currency in the course of making, finalizing or utilizing a booking.

4 VISIT OMAN obligations

4.1 VISIT OMAN shall:

(a) require that Product Providers provide the relevant Products with professionalism, due skill, care and diligence and require that all personnel provided by Product Providers (whether employed by VISIT OMAN or not) in connection with the provision of the Products will be appropriately qualified, experienced and capable (as appropriate) of competently performing the work or responsibilities for which they are provided.

(b) require that Product Providers provide the Products as specified on the Platform and according to the terms and conditions applicable to them as stated on the Platform.

4.2 If, for whatever reason (excluding a Force Majeure Event affecting the Product Provider or VISIT OMAN), the Product Provider fails to provide the Product booked or purchased through the Platform, VISIT OMAN shall require the Product Provider to provide an alternative Product of equal or superior quality and with similar characteristics and facilities, without additional cost to the Travel Agent.

5 Travel Agent Obligations

5.1 The Travel Agent shall pay all amounts owed to VISIT OMAN under this Agreement when due.

5.2 The Travel Agent shall be responsible for advising Customers of:

(a) all visa, immigration and health requirements, including but not limited to prophylaxis, vaccination and quarantine requirements for travel to, and staying in, Oman, in addition to informing Customers of all relevant health and safety advice contained on the Platform;

(b) their responsibility to obtain any required insurance, including but not limited to travel insurance, medical insurance and personal baggage insurance; and

(c) relevant laws, regulations, customs and practices applicable in Oman and the requirement for Customers to comply with all such laws, regulations, customer and practices.

(d) What is included and not included in the price of the Travel Services.

(e) Any transfer related bookings including, but not limited to, those for Flights, Tours and Transfers are subject to the conditions of carriage of the carrier, some of which may limit or exclude liability.

6 Description and Withdrawal of Products

6.1 VISIT OMAN shall require Product Providers to ensure that all descriptions of the Products provided on the Platform are accurate and up-to-date and to ensure that the standard and quality of the Products shall be in accordance with such descriptions.

6.2 If any Product is withdrawn or if any description of a Product becomes inaccurate or changes for any other reason after a booking has been made, VISIT OMAN will notify the Travel Agent in writing giving relevant details so as to enable the Travel Agent to give as much notice as possible to Customers.

7 Health and Safety

7.1 VISIT OMAN shall require that the relevant Product Providers comply with the relevant health and safety requirements applicable to their Products.

8 Bookings

8.1 At the time of booking the Customer or Travel Agent shall set out any:

(a) special requests, including those relating to dietary requirements and special assistance requirements, which shall be set out in the online or offline booking form and notified to VISIT OMAN at least fourteen (14) days prior to the date on which the Product and / or Package is to be availed;

(b) pre-existing medical conditions of any Customers or consumers of a Product and / or Package; and

(c) other matters which Product Providers would reasonably require to duly provide a Product to a Customer.

8.2 Unless the terms in respect of a Product / Package on the Platform state otherwise, no booking may be made for a Customers under the age of eighteen (18) unless accompanied by an adult.

8.3 The Customer or Travel Agent shall be responsible for any costs and expenses arising from incorrect, inaccurate or incomplete information being provided to VISIT OMAN through the Platform.

8.4 A booking for a Product shall be considered as having been made when:

(a) it has been completed on the Platform by the Customer or Travel Agent through acceptance of the relevant terms and conditions; and

(b) a confirmation of the booking has been received by the Customer or Travel Agent.

8.5 Where a booking is made for a Package, the terms and conditions applicable shall be those set out on the Platform as applying to Products forming part of such Package and any terms specified to be applicable to the Package itself.

9 Cancellation and Modifications

9.1 The Customer or Travel Agent hereby acknowledges and agrees that VISIT OMAN shall have no liability whatsoever in the event of a Modification by a Product Provider to a Product / Package booking, including where such Modification results in an increase in the Rate applicable to such Product / Package.

9.2 Cancellation and Modification by VISIT OMAN

9.2.1 VISIT OMAN reserves the right to cancel a booking of a Product and / or Package where the Travel Agent fails to pay an invoice issued in accordance with Clauses 10.5.1(b) or 10.5.1(c) within the period specified in such invoice. In such an event, VISIT OMAN shall not be required refund any deposit paid by the Travel Agent.

9.2.2 In the event of the occurrence of an unforeseen event, VISIT OMAN shall be entitled to modify and/or cancel a booking (in part or the whole), at any time, to which the Customer or Travel Agent hereby agrees, provided that:

(a) VISIT OMAN will at all times use its commercially reasonable endeavours to avoid having to make such Modification or Cancellation;

(b) any such Modification or Cancellation arises from or in connection with unforeseen circumstances (as determined by VISIT OMAN, acting in its sole discretion), and is not attributable to the wilful misconduct of VISIT OMAN.

9.2.3 In the event that VISIT OMAN elects to make amendments to a booking for a Product and / or Package, VISIT OMAN will inform the Travel Agent of such Modification by written notice on or within 48 hours of having made such election, and will, as soon as reasonably practicable, issue an updated booking confirmation and, if applicable, an updated version of the invoice to the Travel Agent. For the avoidance of doubt, Modifications made in accordance with this Clause 9.2.2 shall not result in an increase in the Rate paid by the Travel Agent. In such event, the Travel Agent shall be entitled to cancel the booking without incurring any Cancellation penalties provided that such Cancellation is made and communicated to VISIT OMAN within seven (7) days of the Travel Agent receiving VISIT OMAN's notice of Modification. Any Cancellation after such seven (7) days’ period will be subject to the Cancellation penalties set out in Schedule 1.

9.2.4 VISIT OMAN shall be entitled to cancel bookings in respect of any Product and / or Package if a Customer fails to comply and observe the relevant laws, regulations, customs and practices. Where a booking is cancelled in accordance with this Clause 9.2.4, VISIT OMAN shall not be required to pay any refund or compensation to the Travel Agent or any affected Customers.

9.3 Cancellation and Modification by the Travel Agent or Customers

9.3.1 Subject to any cancellation policy set out on the Platform in respect of a Product and / or a Package, the Cancellation penalties set out in Schedule 1 shall apply to any booking Cancellations by the Travel Agent.

9.3.2 In the event of a Cancellation by one or more Customers forming part of a group booking where a group discount applies, such group discount will be forfeited if the number of remaining Customers no longer meets the group discount criteria set out on the Platform or offline channels at the time of making a booking for a Product and / or Package. The aggregate Rate applicable to the remaining Customers belonging to the same group booking will be adjusted accordingly.

9.3.3 Save for Flight bookings, the Travel Agent may, at any time no later than seven (7) days prior to the date on which a Product and / or Package is to be availed, request a Modification to a booking. Modifications relating to Flight bookings shall be requested and will be subject to the relevant terms set out on the Platform. VISIT OMAN shall use reasonable endeavours but shall be under no obligation to accommodate such Modification request subject always to the Product Provider's ability to accommodate such Modification request. All Modifications shall be subject to payment of the Modification fee set out in Schedule 1 in addition to any Modification fees stipulated by Product Providers in accordance with the terms set out on the Platform.

9.4 Unless a refund can be obtained from a Product Provider, VISIT OMAN shall not be required to make any refunds in respect of unused tickets for travel, sporting, cultural or other similar Products, events or services.

10 Pricing and Payment

10.1 Unless indicated otherwise on the Platform, the Rate applicable for a Product and / or a Package booked and purchased on the Platform shall be inclusive of VAT, sales tax, charges and all such other (national, governmental, provincial, state, municipal or local) taxes, fees, charges or levies (to the extent that such other taxes, fees and levies can be reasonably calculated upfront without further information).

10.2 Unless payment in respect of Product or a Package has been made in full at the time of booking, additional surcharges may apply Products and / or Packages booked more than six (6) months in advance. Such surcharges will be limited to allow for variations in transportation costs, including cost of fuel, increase in normal published airfares, taxes or fees chargeable for services such as landing taxes at airports, the exchange rate applied to the particular package or if the competent government or regulatory body introduces an application or increase of taxes. Any additional surcharges will be applied as follows:

(a) additional surcharges up to and including an amount 2% of the Rate applicable to the relevant Product or Package shall be borne by VISIT OMAN; and

(b) additional surcharges exceeding 2% of the Rate applicable to the relevant Product or Package shall be borne by the Travel Agent.

10.3 No additional surcharges shall be applied for bookings made less than six (6) months in advance.

10.4 VISIT OMAN shall notify the Travel Agent of any additional surcharges through a revised booking confirmation. If additional surcharges to be borne by the Travel Agent increase the total Rate of a Product and / or Package by 10% or more (including the 2% born by VISIT OMAN), the Travel Agent may cancel the booking within fourteen (14) days of being notified by way of a revised booking confirmation in which event no costs will be payable by the Travel Agent to VISIT OMAN. Clause 9 shall apply to any Cancellation after the said fourteen (14) days' period.

10.5 Payment by the Customer or Travel Agent for Products and / or Packages shall be made as stipulated on the Platform:

(a) in full in real time by credit card;

(b) by way of a non-refundable deposit, the amount of which will be specified by VISIT OMAN at the time of booking, with the balance paid following the submission of an invoice by VISIT OMAN; or

(c) where VISIT OMAN has agreed that credit terms shall be available to a Travel Agent, VISIT OMAN shall submit a monthly invoice and the Travel Agent shall have thirty (30) days to pay.

10.6 Where credit terms have been made available to the Travel Agent, interest payable by the Travel Agent in relation to late payment shall be applicable.

11 Intellectual Property Licence

11.1 VISIT OMAN hereby grants the Travel Agent a non-exclusive, royalty free and worldwide right and licence:

(a) to use, reproduce, communicate, make available and display those copyright works relating to the Products such as, but not limited to, text, photographs, video and other audiovisual works as are provided by VISIT OMAN on the Platform or otherwise and which are necessary for the Travel Agent to sell such Products to Customers pursuant to this Agreement;

(b) to use, reproduce, process, distribute, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) such information concerning the Products which are necessary for the Travel Agent to sell such Products to Customers pursuant to this Agreement;

(c) to use the trademarks of Product Providers and of VISIT OMAN solely for the purposes of selling Products to Customers pursuant to this Agreement.

11.2 The Travel Agent shall not use any copyright works, trademarks or information licensed under this Clause 11 other than as permitted by Clause 11.1 and shall cease to use all such works, trademarks and information after termination or expiry of this Agreement.

12 Confidentiality

12.1 The Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the "Confidential Information"). Confidential Information includes Customer Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing Party designates as being private or confidential or of which a receiving Party should reasonably know that it should be treated as private and confidential.

12.2 Each Party agrees that:

(a) all Confidential Information shall remain the exclusive property of the disclosing Party and receiving Party shall not use any Confidential Information for any purpose except in furtherance of this Agreement;

(b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the "Permitted Persons") to maintain, the confidentiality and secrecy of the Confidential Information;

(c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement;

(d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and

(e) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.

12.3 Notwithstanding the foregoing:

(a) Confidential Information shall not include any information to the extent it:

(i) is or becomes part of the public domain through no act or omission on the part of the receiving Party;

(ii) was possessed by the receiving Party prior to the date of this Agreement;

(iii) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto; or

(iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority; and

(b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including the any technical, operational, performance and financial data (but excluding any Customer Data)) in confidence to an affiliated (group) company.

12.4 Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of Customer Data and to protect it from unauthorized use or release.

12.5 Each Party agrees to comply with all applicable data and privacy laws, rules and regulations.

12.6 To the extent that the General Data Protection Regulation contained in EU Regulation 2016/679 (the "GDPR") applies to any personal data controlled or processed by VISIT OMAN or the Travel Agent in connection with this Agreement, the Travel Agent agrees to fully comply with that Regulation, and will fully cooperate with any reasonable requests made by VISIT OMAN, including entering iVisit Oman any agreements, giving any notices or seeking any consents or taking any actions requested by VISIT OMAN relating to compliance with that Regulation.

13 Customer Claims and Complaints

13.1 Complaints or Claims in respect of the Products or service offered, rendered or provided by) the Product Provider or specific requests made by Customers are to be dealt with by the Product Provider, without mediation by or interference of VISIT OMAN. VISIT OMAN is not responsible for and disclaims any liability in respect of such claims from the Customers. VISIT OMAN may at any time and at its sole discretion:

(a) offer customer (support) services to a Customer;

(b) act as intermediary between the Product Provider and a Customer; and

(c) provide, at the costs and expenses of the Product Provider, alternative Product of an equal or better standard in the event of an overbooking or other material irregularities or complaints in respect of the Customer; or

(d) otherwise assist a Customer in its communication with or actions against the Product Provider.

14 Warranties

14.1 Each Party represents and warrants to the other Party that:

(a) the information contained in this Agreement is complete, accurate and up-to-date in all respects;

(b) it has the capacity and authority to enter Visit Oman this Agreement; and

(c) once duly executed, this Agreement will constitute legal, valid and binding obligations on it.

14.2 VISIT OMAN warrants that it will use reasonable endeavours to require that all Product Providers to hold and at all times maintain all necessary licences, consents, certificates and permissions required by applicable national and/or local law for, or in relation to, the provision of the Products.

14.3 VISIT OMAN warrants and undertakes for the future that it is neither directly nor indirectly owned by any person or entity that is listed on an EU, UN or US sanctions list. VISIT OMAN shall immediately notify the Travel Agent in writing if it is in breach of this warranty or undertaking and in the event of such a breach the Travel Agent may elect to terminate this Agreement with immediate effect.

14.4 While VISIT OMAN has used reasonable care in selecting Product Providers, VISIT OMAN does not directly own or control any such Product Providers. No warranty is given by VISIT OMAN in respect of the condition, suitability or fitness for purpose of any facilities, equipment or premises used by a Product Provider.

15 Exclusion of Liability and Indemnity

15.1 In no event shall any Party be liable to any other Party for any indirect, special, punitive, incidental or consequential damages or losses, including loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, whether such damages are (alleged as) a result of a breach of contract, tort or otherwise (even if advised of the possibility of such damages or losses). All such damages and losses are hereby expressly waived and disclaimed.

15.2 Save in the event of fraud, wilful misconduct, gross negligence, deliberate non-disclosure or deliberate deception on the part of the liable Party, or as otherwise provided for in this Agreement, the maximum liability of one Party to any other party in aggregate for all claims made against such Party under or in connection with this Agreement in a year shall not exceed the aggregate amount paid by the Travel Agent to VISIT OMAN in the preceding year or Omani Rials one hundred thousand (OMR 100,000) (whichever is higher).

(a) all Confidential Information shall remain the exclusive property of the disclosing Party and receiving Party shall not use any Confidential Information for any purpose except in furtherance of this Agreement;

15.3 The Travel Agent shall indemnify VISIT OMAN against all Claims by Customers and third parties in relation to Products and / or Packages sold by the Travel Agent to Customers, and in the event of a third party claim, Parties shall act in good faith and use their commercially reasonable efforts to consult, cooperate and assist each other in the defence and/or settlement of such claim, and neither Party shall make any admission, file any papers, consent to the entry of any judgment or enter iVisit Oman any compromise or settlement without the prior written consent of the other Party (which shall not unreasonably be withheld, delayed or conditioned).

15.4 Notwithstanding anything in this Agreement VISIT OMAN shall not, with the exception of cases if wilful misconduct on part of VISIT OMAN, be liable or responsible in any way:

15.4 Notwithstanding anything in this Agreement VISIT OMAN shall not, with the exception of cases if wilful misconduct on part of VISIT OMAN, be liable or responsible in any way:

(a) for failure of any Product Provider to accommodate any special requests, including those made in accordance with Clause 8.1;

(b) in respect of the Products which is related to any (temporary and/or partial) breakdown, outages, downtime, interruption or unavailability of the Platform. VISIT OMAN provides the Platform on an "as is" and "as available" basis;

(c) for loss, damage or late arrival of any Customer equipment, luggage or other personal effects; or

(d) for delayed Flights, Tours or other Products.

15.5 Each Party acknowledges that remedies at law may be inadequate to protect the other Party against any breach of this Agreement and without prejudice to any other rights and remedies otherwise available to the other Party, each Party will be entitled to injunctive relief and specific performance.

16 Force Majeure

16.1 Subject to Clauses ‎4.2 and ‎19.2, neither Party will be liable to the other for any failure to fulfil obligations to the extent affected by a Force Majeure Event, which in respect of VISIT OMAN shall include a Force Majeure Event which affects the ability of any Product Provider to supply a Product or a Package. Each Party will in any event use reasonable endeavours to avoid or mitigate the effect of a Force Majeure Event so as to recommence performance of their obligations as soon as reasonably possible.

16.2 In case the Product Provider or VISIT OMAN is unable to provide the Product booked or purchased through the Platform due to a Force Majeure Event, the Travel Agent shall not be liable to pay VISIT OMAN or VISIT OMAN shall (provided that it receives reimbursement from the Product Provider) repay to the Travel Agent any amounts paid by the Travel Agent, as applicable, for any reservations made on the Platform affected by the Force Majeure Event, including any fee, costs, expenses or other amount (including the (non-refundable) rate or the no-show, (change of) reservation or Cancellation fee) for (i) any Cancellation or change of the reservation made by the Travel Agent, or (ii) that part of the reservation that was not consumed, due to the Force Majeure Event. If, in any instance, the Product Provider refuses to reimburse or repay VISIT OMAN pursuant to VISIT OMAN’s request, VISIT OMAN shall provide the contact details of the Product Provider to the Travel Agent and its insurer (if any). The Travel Agent's right not to pay, or to repayment, or to be provided the Product Provider’s contact details, as applicable, as described in this Clause ‎19.2, shall be the Travel Agent's exclusive remedy against VISIT OMAN in the event that the Product Provider cannot provide a Product due to a Force Majeure Event.

16.3 Notwithstanding anything in this Agreement, VISIT OMAN shall not be required to pay any compensation or refund where a Customer cancels a booking or fails to avail or use a Product or a Package by reason of a Force Majeure Event and the Cancellation penalties set out in Schedule 1 will apply.

17 Travel Agent Termination Rights

17.1 Either Party may terminate this Agreement and platform access immediately at any time by giving written notice to the other if:

(a) the other Party is in material breach of this Agreement which, if capable of remedy, it fails to remedy within forty-five (45) days of written notice from the terminating Party requiring it to do so; and/or

(b) the other Party presents or has presented against itself a winding up petition, is dissolved, comes to a compromise or arrangement with its creditors, has a liquidator, administrator, receiver, manager or administrative receiver or other encumbrancer appointed to, or security enforced over, the whole or any part of its assets or property, or becomes unable or admits its inability to pay its debts as they fall due or suffers any event analogous to any of the above in any jurisdiction; and/or

(c) a third party takes possession over all or a substantial part of the other Party’s assets; and/or

(d) the other Party ceases to carry on business or an event occurs which would result in a floating charge crystallising over any of its assets or any step is taken by any other person to enforce or levy a distress or execution against any of its assets; and/or

(e) the other Party suffers any event analogous to any of the above;

17.2 Immediately on the termination of this Agreement in accordance with its terms for whatever reason:

(a) the Travel Agent shall remain under an obligation to pay any moneys properly due under this Agreement in accordance with its terms up to and including the date of termination; and

(b) each Party shall destroy or deliver, at the other Party's election, all copies of any confidential information supplied by or on behalf of the other Party pursuant to this Agreement which are in the former Party's possession or control at the date of termination; and

(c) The Travel Agent shall cease any further use of the Intellectual Property Rights of VISIT OMAN used pursuant to this Agreement;

17.3 Termination or expiry of this Agreement will not affect any accrued rights or liabilities of either Party and nor will it affect the coming Visit Oman force or remaining in force of any provision which is intended expressly or impliedly to come Visit Oman or remain in force.

17.4 Any provisions of this Agreement which are intended to survive termination or expiry of this Agreement shall continue to be legally binding and enforceable obligations of the Parties even after its expiry or termination.

18 Customer and Travel Agent General

18.1 The Parties will attempt to resolve disputes between them arising out of or relating to this Agreement in a constructive manner that reflects the concerns and commercial interests of each Party.

18.2 Neither Party may assign, novate or otherwise transfer any of its rights, obligations or privileges (by operation of law or otherwise) in this Agreement without the prior written consent of the other.

18.3 All notices and communications must be in English, in writing, and sent by email or international courier to the applicable addresses set out in Schedule 1 or such other address as may be notified in writing from time to time by either Party to the other.

18.4 No waiver by any Party of a breach or default by the other Party of any of the provisions of the Agreement shall constitute a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of any Party to exercise or avail itself of any right power or privilege that it has or may have under the Agreement operate as a waiver of any breach or default.

18.5 If any provision of the Agreement is held to be invalid or void for any purpose it shall for that purpose be deemed to be omitted from the Agreement. Such omission shall not prejudice the validity, effectiveness or enforceability of the remaining provisions of the Agreement.

18.6 No variation or alteration to this Agreement will be effective unless in writing and signed by the Travel Agent and VISIT OMAN and expressly identified as a variation or alteration of the Agreement.

18.7 A party who is not a Party to this Agreement shall have no right to enforce any of its terms.

18.8 The Agreement supersedes all previous agreements, arrangements and understandings between the parties with respect to the subject of the Agreement, which shall cease to have any further force or effect.

18.9 This Agreement and all matters arising out of it (including any non-contractual disputes) shall be construed and governed according to the law of the Sultanate of Oman.

18.10 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), which Rules are deemed to be incorporated by reference iVisit Oman this clause. The seat, or legal place, of arbitration shall be the Dubai International Arbitration Centre. The language to be used in the arbitration shall be English. The number of arbitrator shall be:

(a) One (1), where the total amounts in dispute equal to or less than [Omani Rials [Four Hundred and Ninety Nine Thousand] (OMR 499,000)]; or

(b) Three (3), where the total amounts in dispute are equal to or more than [Omani Rials [Five Hundred Thousand] (OMR 500,000)].

18.11 The Parties agree and acknowledge that notwithstanding Clause ‎21.10, nothing in this Agreement shall prevent or limit the right of the Parties to bring or initiate any action or proceeding to seek injunctive relief before or in any competent courts.

18.12 In the event of any grievances regarding our services you may write to us at [email protected]