Hajj 2006/7

accommodation and travel contract

Entered into between

___________________________________________________________________

Hereinafter referred to as the Pilgrim on behalf of the group as listed on annexure A if applicable

___________________________                              ___________________

Hereinafter referred to as the Tour Operator represented by (state name)

Collectively referred to as the parties

1. GENERAL

a.     The parties have agreed to enter into a contract relating to the performance of Haj by the Pilgrim and the provision of services as relating to the performance of that Haj by the Tour Operator and further have agreed to record the terms of the contract hereunder. 

b.     Further, the parties have elected their domicile to be the Republic of South Africa and any remedy and or breach will be adjudicated in terms of the law of the Republic of South Africa, irrespective of where such a breach may occur.

c.      Whereas the tour operator will provide the services as listed hereunder and in return the Pilgrim will pay the Tour Operator an amount of ___________for each person, totaling ________________.  Payment to be made up of a deposit of ______________________ on signature of this contract and the balance payable at South Africa / Saudi Arabia on the __________________

d.     Total Package calculated in South African Rands / Saudi Riyals

2. Air Travel

a.     The pilgrim and or group as listed have been confirmed to depart on the _____________________for the eventual destination of Jeddah / Madinah via _________________________ on flight number __________________ with airline ____________________ and ticket number/s as listed on annexure A that has been paid for in full by the Pilgrim.

b.     The pilgrim and or group as listed have been confirmed to depart Jeddah on the _____________________for the eventual destination of Johannesburg / Durban / Cape Town / ______________________  via _________________________ on flight number __________________ with airline ____________________ and ticket number/s as listed on annexure A that has been paid for in full by the Pilgrim.

3. Accommodation

a.     Accommodation will be provided as per annexure B. 

4. FIVE DAYS OF HAJJ – Delete whichever is not applicable

a.     Accommodation in MINA to be provided in the allocated tents and the areas as reserved by the Tour Operator or as unreserved tents

b.     Food will or will not be provided

c.      Qurbani / Dam Shukr is included / not included in the cost of the package as listed in provision one above.

5. SURETYSHIP

1. Should the tour operator be a legal person such as a company, the representative of the tour operator of the pilgrim binds himself/herself as surety and co-principal debtor to the pilgrim for all the obligations of the tour operator in terms of this agreement.

6. BREACH/CANCELLATION

Elect either option a or b below

1. Each party to this agreement reserves his/hers/its rights in terms of the common law to sue for damages suffered in the event of either party committing any substantial breach of the terms and conditions of this agreement in a Court of competent jurisdiction. 
2. Each party to this agreement reserves his/hers/its rights in terms of this agreement to sue for damages suffered in the event of either party committing any substantial breach of the terms and conditions of this agreement by referring the case to arbitration in terms of the Arbitration Act of 1965 under the auspices of the Muslim Mediation and Arbitration Council.  (To be contacted through the offices of the Jamiatul Ulama – Transvaal)
3. If the tour operator has complied substantially with all the terms of this agreement and in the event of the pilgrim without any valid reason cancelling this agreement and claims a refund of monies already paid to the tour operator then in that event the operator shall be entitled to deduct a maximum of 10% from the cost of accommodation only.
4. If on the other hand the tour operator does not comply with any of the term/s and/or conditions flowing from this agreement then such tour operator will be liable to the pilgrim for any additional and necessary expenses incurred by the pilgrim in the completion of the Hajj of the pilgrim and subsequent return to South Africa. 
5. The tour operator confirms of the aforesaid buildings/hotels as noted on Annexure B that he has entered into a written lease agreement with the Landlord for the full duration of the period.  If the Landlord, as referred to commits any breach of its agreement with the tour operator the tour operator cannot in turn breach its agreement with the Pilgrim.  Such breach will be a material breach of the contract.  The tour operator may however, substitute to the same standard of hotel/building as provided for in this contract on Annexure B.

7. THE PARTIES AGREE THAT

1. The Tour operator warrants that he/she has / will be entering into a written agreement with the Landlord of the building in Makkah, Madinah and or Aziziah in terms of the Saudi Regulations as concluded between SAHUC and the Saudi Ministry of Hajj.  In the event of the Tour operator having concluded such agreement, a copy of such agreement shall be lodged with the Regional office of SAHUC where the Hajj operator conducts his/her business operations.
2. The Tour operator warrants that the pilgrims shall remain in the aforesaid accommodation until departure, unless otherwise provided for in this agreement.
3. The Pilgrim warrants that the nominated Mahram for female Pilgrims will accompany such pilgrim on all phases of the journey and that such nomination is endorsed on the visa of the said Pilgrim.
4. There are no further warranties; conditions; obligations; understandings; representations or terms between the parties in regard to this agreement other than those set out herein.  Furthermore, none can be added to the aforesaid contract unless it has been reduced to writing as an addendum to this agreement and validly signed by or on behalf of both parties.
5. In the event of sharing accommodation with other pilgrims

1.     The pilgrim shall deposit the keys of the accommodation with the reception staff so as not to cause inconvenience to any other pilgrims.

2.     Pilgrims sharing bathrooms must make available the keys of the bathrooms with other pilgrims sharing.

3.     Where males and females share accommodation strict separation must be observed at all times and sharing of the facilities of the other gender is strictly prohibited.

6. The Tour Operator hereby agrees to lodge a copy of this contract with the regional SAHUC offices prior to the departure of the Pilgrim to the Kingdom of Saudi Arabia.
7. Any breach of the agreement must be reported timeously to SAHUC who will have the power to invoke disciplinary proceedings against the Tour Operator and or the Pilgrim.
8. The parties will accept service of all documents at the following physical and postal addresses.  The parties may also serve documents by fax.

SIGNED AT___________ON THIS_______DAY OF__________200

_____________________                              __________________________

NAME OF PILGRIM                                       THE OPERATOR

___________________________                  ________________________________

ON BEHALF OF THE PILGRIM                     ON BEHALF OF THE OPERATOR

AS WITNESS:

1 ___________________                                           1 ____________________

2 ___________________                                           2 ____________________

ANNEXURE A

_____________________                      __________________________

On behalf of the Pilgrim                          On behalf of the Operator

ANNEXURE B

City ___________ Hotel ______________________ Number of rooms  _______ 

Arrival date and time (expected)_______

Departure date and time (expected) _______

City ___________ Hotel ______________________ Number of rooms  _______ 

Arrival date and time (expected)_______

Departure date and time (expected) _______

City ___________ Hotel ______________________ Number of rooms  _______ 

Arrival date and time (expected)_______

Departure date and time (expected) _______

City ___________ Hotel ______________________ Number of rooms  _______ 

Arrival date and time (expected)_______

Departure date and time (expected) _______

_____________________                              __________________________

On behalf of the Pilgrim                               On behalf of the Tour Operator