TERMS AND CONDITIONS OF USE
Welcome to www.kanootravel.com (“this Site”), owned and operated by Yusuf Bin Ahmed Kanoo WLL, Kingdom of Bahrain (“Kanoo”). We provide access to this Site to you subject to the following notices, terms and conditions of use and further information contained in hyperlinks embedded in this document (“Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site, and/or your placement of a travel booking order, you agree to accept these Terms and Conditions. If you do not agree to these terms, please do not use this Site. BY CLICKING THE 'TERMS & CONDITIONS - TICK BOX' ON THE HOME PAGE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. If at any time the Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
1. Trademark and Copyright Notices
The material on this Site, including all software, content, site design, text, graphics, and the arrangement thereof, (collectively, the “Content”), are copyright © 2008 Yusuf Bin Ahmed Kanoo WLL, unless otherwise indicated. ALL RIGHTS RESERVED. You acknowledge that this Site contains Content that is protected by copyright, trademark or other proprietary rights of Kanoo or third parties. “Kanoo Travel” is a trade mark owned by Kanoo. All Content on this Site is protected by copyright in favour of Kanoo pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through this Site.
2. Restrictions on Use of Materials
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in the Terms and Conditions. Modification of the Content or use of the Content for any purpose other than as expressly permitted in the Terms and Conditions (including use of any such material on any other web site or networked computer environment) is a violation of intellectual property rights and other proprietary rights. Any use or modification of the Content in whole or in part for any other purpose is strictly prohibited. Content consisting of downloadable software may not be reverse-engineered unless specifically authorised by the owner of the software’s patent and/or copyright.
You agree that any copy of the Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Trade marks may not be used in connection with any product or service not related to Kanoo or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kanoo. ALL RIGHTS RESERVED. All other trademarks, service marks, trade names and/or other marks are the property of their respective owners. ALL RIGHTS RESERVED.
3. Payment and Order Acceptance
This Site does not process payment online. You can make you booking and confirm it, in some cases, by providing your credit card details. For details of how we process your credit card details, please see Section 10 below. For obtaining your travel documents, please visit the nearest Kanoo Travel office. Please click here for a full list of Kanoo Travel offices. In certain markets, Kanoo Travel may charge a variable Service Fee in addition to the prices mentioned on this Site. This is to comply with local travel agency and airline regulations.
Kanoo reserves the right to refuse service to any customer and/or limit the order quantity on any item without prior notice. Prices are under the control of airlines and other service providers and are subject to change without notice. The ordering services provided on this Site are only available to individuals who can form legally binding contracts. You must be at least 18 years of age to order from this Site. If you do not qualify, please do not order from this Site.
Products, materials, information and services, including and without limitation, text, graphics and links, are provided on an “as is, as available” basis and without representations, conditions or warranties of any kind, either express or implied. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, KANOO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING, TRADE OR PERFORMANCE. You agree that price and availability information is subject to change without notice, and that placement of booking does not guarantee that the service booked will be available. In no event shall Kanoo’s total liability to you for all damages, losses, causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you to Kanoo for the service you have booked from this Site.
Kanoo does not warrant that the functions contained in the Site materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components. Kanoo assumes no responsibility for damage to your computer or computer system as a result of use of a function or content. Kanoo does not represent or warrant that the information accessible via this Site is accurate, complete or current. You expressly agree that the entire risk as to the use, quality and performance of the function and the accuracy or completeness of the Content and this Site is assumed solely by you.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KANOO AND / OR ITS AFFILIATED BUSINESS UNITS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE “KANOO PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALISE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE A PRODUCT, EVEN IF ANY OF THE KANOO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE KANOO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR A PARTICULAR PRODUCT. In no event shall the Kanoo Parties be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
You agree to indemnify, defend and hold harmless the Kanoo Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including attorneys’ fees) in connection with: (i) any use or alleged use of this Site under your username and / or password by any other person, whether or not authorised by you, or (ii) your breach of these terms and conditions or your violation of any law or the rights of a third party arising out of your use of this Site. Kanoo reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kanoo’s defense of such claim.
7. Modification or Termination of Service
Kanoo reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice or liability. Kanoo may change, modify, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
8. Typographical Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Kanoo reserves the right to refuse or cancel any orders placed for the service listed at the incorrect price.
9. Links to Third Party Sites
This Site contains links to third party websites. Access to any other website linked to the Kanoo Site is at your own risk and Kanoo is not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website. We provide these links to you only for your convenience and the inclusion of any link does not imply endorsement of the linked website by Kanoo.
11. Changes to the Terms and Conditions
Kanoo reserves the right, at any time, to modify, alter, or update these Terms and Conditions and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of such revisions. Your use of this Site (including making bookings) following any such change constitutes your agreement to follow and be bound by the amended terms. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
12. Jurisdiction and General Issues
Kanoo makes no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply. These Terms and Conditions and your use of this Site shall be construed in accordance with the laws in force in the Kingdom of Bahrain, without reference to any choice of law or conflict of law principles, and without reference to the UNCITRAL Conventions on Contracts for the International Sale of Goods. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the courts located in Manama, Bahrain. You agree not to bring any legal action against Kanoo in any jurisdiction except in Manama, Bahrain and you hereby submit and consent to such jurisdiction. Any claim or cause of action that you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions comprise the entire agreement between you and Kanoo and supersede all prior agreements between the parties regarding the subject matter contained herein.
YOU HEREBY AFFIRM THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND AGREE TO THESE TERMS AND CONDITIONS SET FORTH THEREIN BY PLACING A “TICK” ON THE 'TERMS & CONDITIONS' BOX ON THE HOME PAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, SELECT “I DO NOT AGREE”.