USER’S RESPONSIBILITY OF AWARENESS OF THIS USER AGREEMENT

The Users availing, using or accessing the splashtours.ae website shall be deemed to have read, understood and expressly accepted the terms and conditions of this User Agreement, which shall govern the desired transaction or provision of services by splashtours.ae for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or splashtours.ae with respect to any services to be provided by splashtours.ae shall be restricted to the scope of this User Agreement.

In addition to this User Agreement, there may be certain terms of service (TOS) specific to the services rendered by splashtours.ae. Such TOS will be provided/ updated by splashtours.ae which shall be deemed to be part of this User Agreement and in the event of a conflict between such TOS and this User Agreement, the terms of this User Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service availed by the User. Additionally, there may be certain rules, regulations, policies, laws and/or guidelines that govern particular features, or the operating rules and policies applicable to each service (for example, boat tours, safari, etc). The User shall be responsible for ensuring compliance with rules, regulations, policies, laws and/or guidelines that govern particular features, or the operating rules and policies applicable to the service.

Splashtours.ae’s services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this User Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that use of the website by the User constitutes an acknowledgement and acceptance by the User of this User Agreement and the TOS, as may be applicable from time to time, with free consent and without any kind of pressure or influence whatsoever. If the User does not agree with any part of such terms, conditions and notices, the User must not avail or use or access splashtours.ae website. In the event that any of the terms, conditions, and notices contained herein conflict with any additional terms or other terms and guidelines contained within any other splashtours.ae document, then these terms shall control.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is responsibility of the User to review this User Agreement periodically to familiarize with any modifications. The User’s continued use of the website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Splashtours.ae will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

RESPONSIBLE USE AND CONDUCT

By visiting the Website and/or making a booking, the User agrees to use the website only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, the User understands, acknowledges and agrees that:

1) In order to use or book through the website splashtous.ae, the User may be required to provide certain information about the User (such as identification, contact details, etc.) as part of the registration process, or as part of the ability of the User to book. The User agrees that any information provided by the User will always be accurate, correct, and up to date;

2) The User shall be responsible for maintaining the confidentiality of any login information associated with any account the User use to access the website. Accordingly, User shall be responsible for all activities that occur under the account/s of the User;

3) By using or accessing the website, the User authorizes splashtours.ae and splashtours.ae agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information. The User is fully responsible for all activities that occur while using the login information or the Website. It is the duty of the User to notify splashtours.ae immediately in writing of any unauthorized use of the login information or any other breach of security. splashtours.ae shall not be liable in any event for any loss that may be incurred by the User as a result of unauthorized use of the login information or the Website either with or without his knowledge. The User shall not use anyone else’s password at any time;

4) The User specifically agrees not to access (or attempt to access) the website splashtours.ae through any automated, unethical or unconventional means;

5) Engaging in any activity that disrupts or interferes with splashtours.ae website, including the servers and/or networks to which the website is located or connected, is strictly prohibited;

6) The User shall be solely responsible for any consequences, losses, or damages that splashtours.ae may directly or indirectly incur or suffer due to any unauthorized activities conducted by the User, including as explained above, and may incur criminal or civil liability;

7) splashtours.ae is responsible only for the transactions that are done by the User through splashtours.ae. splashtours.ae is not responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the applicable laws;

8) The User warrants that the User will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the website. The User further warrants that the User shall comply with all applicable laws and regulations regarding the website;

9) The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the service under the applicable law or by any other law, rule or authority;

10) Splashtours.ae may send booking confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the service, via SMS, email or by voice call on the contact number given by the User at the time of booking; splashtours.ae may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS, email and/ or voice call by splashtours.ae is: (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per any applicable guidelines under any jurisdiction and (c) in compliance with the relevant guidelines applicable on splashtours.ae or the User availing, using or accessing the website and/or service under any jurisdiction. The User will indemnify splashtours.ae against all types of losses and damages incurred by splashtours.ae due to any action taken by any authority due to any erroneous compliant raised by the User on splashtours.ae with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever;

11) splashtours.ae may provide various open communication tools on the Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. The User understands that generally splashtours.ae do not pre-screen or monitor the content posted by users of these various communication tools, which means that if the User choose to use these tools to submit any type of content to the Website, then it will be personal responsibility of the User to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, the User agree that the User will not upload, post, share, or otherwise distribute any content that:

12) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

13) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

14) Contains any type of unauthorized or unsolicited advertising;

15) Impersonates any person or entity, including any www.ub-cool.com employees or representatives;

16) splashtours.ae have the right at its sole discretion to remove any content that, splashtours.ae feel in its judgment does not comply with this User Agreement, along with any content that it may feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. Splashtours.ae shall not be responsible for any delay or failure in removing such content. If splashtours.ae chooses to remove any content posted by the User, User hereby consent to such removal, and further consent to waive any claim against splashtours.ae;

17) splashtours.ae does not assume any liability for any content posted by the User or any other 3rd party users of the Website. However, any content posted by the User using any open communication tools on the Website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of splashtours.ae, and as such, gives splashtours.ae a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as splashtours.ae deem fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use the website and/or service;

18) The User agrees to indemnify and hold harmless splashtours.ae and its parent company and affiliates, and its and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to the account of the User whether incurred by the User or any other person using the account of the User. Splashtours.ae reserves the right to take over the exclusive defense of any claim for which splashtours.ae is entitled to indemnification under this User Agreement. In such event, the User shall provide splashtours.ae with such cooperation as is reasonably requested by splashtours.ae.

ADVERTISERS ON THE WEBSITES OR LINKED WEBSITES

splashtours.ae shall not be responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. We do not endorse any advertiser on the Website or webpages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. The linked sites are not under the control of splashtours.ae and splashtours.ae is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. splashtours.ae is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by splashtours.ae.

FORCE MAJEURE

The customer and/or agency agrees that Splashtours.ae reserve the right to deviate from the boat’s advertised route if necessary and may cancel or change the day or time of any booking with or without prior notice to the user; in the event of such circumstances replacement trips or refunds may be offered at the discretion of Splashtours.ae.

INDEMNIFICATION

The user agrees to indemnify, defend and hold harmless splashtours.ae and/or its affiliates, their Websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by splashtours.ae and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the customer and/or agency pursuant to this User Agreement. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and splashtours.ae cannot be held responsible for the same.

RIGHT TO REFUSE

Splashtours.ae at its sole discretion reserves the right to not to accept any booking from the user without assigning any reason thereof. Any contract to provide any service by splashtours.ae is not complete until full money towards the service is received from the user and accepted by splashtours.ae.

Splashtours.ae can refuse to provide the user with access to the Website if:

1) The user is in breach of this User Agreement

2) splashtours.ae is unable to verify or authenticate any information provided by the user; or

3) splashtours.ae believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Website and/or splashtours.ae.

RIGHT TO CANCELLATION BY SPLASHTOURS.AE IN CASE OF INVALID INFROMATION FROM USERS

The user expressly undertakes to provide to splashtours.ae only correct and valid information while booking on the website under this User Agreement, and not to make any misrepresentation of facts at all. Any default on part of the user would vitiate this User Agreement and shall disentitle the user from booking on splashtours.ae. In case splashtours.ae discovers or has reasons to believe at any time that the user is either unauthorized or the information provided by them is not correct splashtours.ae in its sole discretion shall have the unrestricted right to take any steps against the user(s), including cancellation of the bookings, etc. without any prior intimation to the user. In such an event, splashtours.ae shall not be responsible or liable for any loss or damage that may be caused to the user as a consequence of such cancellation of booking. The user unequivocally indemnifies splashtours.ae of any such claim or liability and shall not hold splashtours.ae responsible for any loss or damage arising out of measures taken by splashtours.ae for safeguarding its own interest and that of its genuine users. This would also include splashtours.ae denying/cancelling any bookings on account of suspected fraud transactions.

TERMS OF PAYMENT AND REFUND POLICY

1) We accept payments online using Visa, MasterCard credit/debit card in AED.

2) The cardholder must retain a copy of transaction records and Merchant policies and rules.

3) Refunds will be done only through the Original Mode of Payment.

4) Cancellation within 24 hours before your departure time will incur full payment; prior to this period a 10% cancellation fee will be charged. No-Show or Late Arrivals will be subject to full payment.

5) All credit/debit cards details or information will NOT be stored, sold, shared, rented or leased to any third parties.

6) Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

TERMS OF SERVICE (TOS)

By making a booking with Splash yachts &boats rental you acknowledge that you have read, understand and agree to be bound by these terms of service.

1) Splash yachts &boats rental does not accept expectant mothers aboard at any stage of pregnancy and/or children who weigh less than 15Kg.

2) Splash yachts &boats rental does not accept any liability for personal injury, or injury to others and/or loss or damage.

3) Splash yachts &boats rental do not accept responsibility for personal belongings of its passengers that are damaged, stolen or lost at any time whilst on the boat or on the pier.

4) Splash yachts &boats rental carry a maximum 10 passengers and minimum 4 passengers for each voyage.

5) All bookings are non-refundable and non-transferable.

6) Please be aware if you miss your scheduled departure you will not be eligible for an alternative booking or refund.

7) Splash yachts &boats rental reserve the right to deviate from the boat’s advertised route if necessary and may cancel or change the day or time of any booking with or without prior notice to the passengers; in the event of such circumstances replacement trips or refunds may be offered at the discretion of Splash yachts &boats rental.

8) Splash yachts &boats rental reserve the right of discretion to refuse to carry any passenger behaving in a manner likely to affect the boat’s safety or the safety and enjoyment of other passengers.

9) Splash yachts &boats rental reserve the right to remove from the boat or the pier any passenger who does not follow any instructions issued by Splash yachts &boats rental.

10) All passengers must wear life jackets and remain seated for the entire trip.

11) Please note if life jackets are manually inflated and/or damaged with intent and where no emergency has taken place, as lead name on this booking you will be charged AED 100.00 per jacket.

12) Splash yachts &boats rental may carry out photography and/or video recording which may feature visitors. By accepting these terms and conditions, you agree that Splash yachts &boats rental may use such images in perpetuity in any promotional, advertising or publicity material in any format whatsoever. You further agree that copyright in these materials rests with Splash yachts &boats rental.

POLICY OF MULTIPLE BOOKINGS

1) The multiple booking may result in multiple postings to the cardholder’s monthly statement.

2) A Single bookings maybe split into multiple bookings, depending on the availability . Cardholder must be aware that multiple bookings may result multiple postings on credit card.