General Terms and Conditions of Registration on the Booking Priority List “DREAM OF THE DESERT” applicable to all registration made from this date, until further notice.
GENERAL TERMS AND CONDITIONS OF REGISTRATION
Booking Priority List “DREAM OF THE DESERT”
1. DEFINITIONS
Dream of the Desert: Dream of the Desert, a limited liability company incorporated under the laws of the Kingdom of Saudi Arabia, having its registered office at Building no. 3141, Anas Ibn Malik Street, 8292 Al Malqa District, 13521, Riyadh, Kingdom of Saudi Arabia, commercial registration no. 7050530497, the organiser and provider of the Dream of the Desert trips and the owner of the Train (as defined below).
Booking Priority List: list of people who will be contacted by Dream of the Desert to be able to book up to six (6) Cabins on a Trip in the Train before the opening of the booking to the public.
Cabin: a cabin allowing two (2) persons to travel in the Train.
Client(s): the Client(s) which request to be registered on the Booking Priority List. Registration is not open to minor; but minors above the age of fourteen (14) will be able to travel on a Train under the responsibility of an accompanying adult in possession of a personal identification document as well as any document necessary for crossing borders. If the accompanying person is an adult other than the minor’s parents, they shall have permission from the minor’s parents.
Call Center: Call Center operated by Dream of the Desert responsible for calling Clients that have registered on the Booking Priority List through the Website but have not yet paid the Fee. The phone number of the Call Center is: +966510659044.
Fee: Sum paid by the Client in return for being registered on the Booking Priority List and getting a prorated deduction from the full price of the Trip ticket.
General Conditions of Registration: these General Terms and Conditions of Registration.
Personal Data Protection Law: the Personal Data Protection Law issued by Royal Decree No. M/19 dated 09/02/1443H (corresponding to 16/09/2021G), as amended from time to time and including any regulations issued under it.
Railway Law: the Saudi Railway Law issued by Royal Decree No. M/159 dated 22/08/1445H (corresponding to 03/03/2024G).
Registration: registration of the Client on the Booking Priority List entitling the Client to be contacted by Dream of the Desert to be able to book up to six (6) Cabins on a Trip before the opening of the booking to the public.
Train: the train DREAM OF THE DESERT.
Trip(s): the luxury cruise on-rail journeys with accommodation on board the Train provided by Dream of the Desert.
Website: The online platform located at www.dreamofthedesert.com, published and operated by Dream of the Desert, which offers information and services, including details on how to register for the Booking Priority List for the Trip.
2. PREAMBLE
The purpose of these General Conditions of Registration is to define the terms and conditions under which the Client is registered on the Booking Priority List. They are available on the Website.
The Clients warrants to have the full capacity to commit to all the legal acts under the General Conditions of Registration.
The Registration implies the Client’s acceptance of the General Conditions of Registration (version in force at the time of the Registration).
The General Conditions of Registration are solely concerned with the terms and conditions for joining the Booking Priority List. They do not cover the terms and conditions for booking and purchasing a Trip ticket, nor the rights reserved for railway users under the Railway Law and associated regulations issued by the Transport General Authority of the Kingdom of Saudi Arabia. These specific terms and rights are addressed in the terms and conditions applicable to trip booking and purchasing, the service provision policy, and the conditions of carriage, which will be made available to the Client no later than the time of booking the Trip.
The Client is requested to carefully read the General Conditions of Registration, prior acceptance of which is mandatory for the Registration. Clients are advised to save and print the General Conditions of Registration using the standard features of their browser and computer.
Dream of the Desert reserves the right to make changes to the information on the Website and the General Conditions of Registration. In this case, the new version of the General Conditions of Registration shall be available on the Website with an indication of its date of entry into force. Clients are advised to consult the General Conditions of Registration regularly for any changes. In any event, the Client shall only be bound by the version of the General Conditions of Registration in force on the date of the Registration.
3. THE BOOKING PRIORITY LIST OFFER – MECHANISM
Clients registered on the Booking Priority List will be contacted by Dream of the Desert once the timetables of the Trips (dates, destinations) are determined and when Trips may be booked. Clients will be contacted before the booking is made available to the public by approximately fifteen (15) to thirty (30) days.
Clients registered on the Booking Priority will be contacted in the chronological order of their Registration (rule “first registered, first contacted”). If a Client is registered several times, they will be contacted once at a time for each Registration, depending on the rank of each Registration in the Booking Priority List.
The Client acknowledges that the Trips available for its booking will depend on its chronological rank on the Booking Priority List and the Trips already booked by other Clients.
Clients will be contacted via Whatsapp, by email or by phone, at the address and/or phone number provided by the Client at the time of the Registration. If a Client does not respond within 48 hours, they will lose their rank in the Booking Waiting List. Dream of the Desert will make 3 attempts during the next fifteen (15) days to reach the Client, if the Client does not respond within these (15) days, their Registration becomes invalid (see article 4). The Client must inform Dream of the Desert in case of any updates of the email address or phone number provided at the time of the Registration. Dream of the Desert shall not be held liable if the email address/phone number provided by the Client are wrong or no longer valid.
When the Client is contacted by Dream of the Desert, Dream of the Desert will present the Trips which may be booked by the Client (dates and destinations), based on the number of Cabins requested at time of the Registration and the availabilities. All the Cabins must be booked in the same Trip.
Dream of the Desert will make the terms and conditions of the booking and purchasing of the Trip, the service provision policy, and the conditions of carriage, available for the Client at the same time. Those terms and conditions will be available on the Website. Dream of the Desert will also provide the Client with detailed information on schedules and conditions on the fastest trips and lowest fares, description of the services and facilities available for people with disabilities and their use conditions, seat classes available on the Trip, circumstances that are likely to delay or disrupt the Trip, services available on the Train and relevant stations, lost baggage recovery procedures and complaint procedures.
The Client will be presented with Trip options and may place an option on hold (“Option”) for a period of five (5) working days. During this time, the Client may confirm this Option. Upon confirmation, the Client will proceed to book and purchase the Trip in accordance with the relevant terms and conditions. The payment for the purchased Trip shall be made in two instalments, with an amount equivalent to the Fee being discounted from the first instalment towards the Trip ticket.
Beneficiaries of the Trip shall act for personal purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity.
4. VALIDITY OF THE REGISTRATION
The Registration is valid until:
If the Client does not book a Trip and/or when the Registration becomes invalid, the Deposit is refundable (see article 7).
Clients whose Registration become invalid for the reason (ii) and (iii) above lose their right to book a Trip through the Booking Priority List mechanism. They are entitled to request a refund of the Fee but may not seek any kind of compensation.
5. FEE
The Client must pay a sum of three thousand (3,000) SAR (all tax included) per Cabin to confirm the Registration. The amount of the Fee may vary from time to time. The amount applicable is the amount in force at the time of the Registration.
The Deposit is either refundable (see article 7) or deducted from the first instalment for the booking of a Trip.
6. REGISTRATION PROCESS
Registration can be made exclusively by registering on the Website.
To be registered, the Client must fill out the registration form provided under the Website with the following information:
– The number of Cabins for which the Client wants to be registered, noting that the number of Cabins is limited to six (6) per Registration; and
– Client’s contact details (name, postal address, email address, phone number), to which it may be contacted.
Above listed information is mandatory to be registered on the Booking Priority List. Failure to provide that information may result in Dream of the Desert being unable to finalize the Registration and contact the Client.
After entering the details of the Registration in the registration form, the Client will receive an email, to the email address provided, containing the instruction to pay the Fee to finalize the Registration.
The accepted payment methods will include Visa, Mastercard, American Express, and Mada. However, these methods are subject to change from time to time in Dream of the Desert’s absolute discretion. For the payment, the Client may either pay directly through the Website or wait until they are contacted by the Call Center.
The payment shall be accredited in favor of Dream of the Desert to its designated bank account.
The Client’s payment card is subject to a validity check by these partners and may be rejected for several reasons: stolen or blocked card, limit reached, input error, etc. In the event of a problem, the Client shall contact their bank and Dream of the Desert to confirm their Registration and payment method.
Once the payment is confirmed, the Registration is finalized. A confirmation of the Registration will be sent to the Client to the email address provided by the Client.
7. REFUND OF THE FEE
The Client is entitled to ask for a refund of the Fee if the request is made within 30 (thirty) days after the date of payment of the Fee and provided that the Fee has not been deducted from the first instalment paid by the Client when purchasing a Trip ticket.
To request a refund, the Client may:
The amount of the Fee will be generally refunded within thirty (30) days as of the request of the Client, on the same bank card used by the Client to pay the Fee initially, unless the bank card is no longer valid. In the latter case, the Client will provide Dream of the Desert with new payment details. The refund timing can change depending on the payment method and bank used by the Client.
8. LIABILITY
The commitment of Dream of the Desert under this agreement is only the Registration of the Client on the Booking Priority List and, as a consequence, the guarantee for the Client to be contacted by Dream of the Desert before the opening of the booking of Trips to the public.
Dream of the Desert does not guarantee the launch date of the Train, the number of available Cabins, the Trip schedule, the destination or pricing.
Accordingly, the liability of Dream of the Desert cannot be seeked if, in particular, the Client is not able to book a Trip at the dates and/or for the destination of its choice.
Furthermore, Dream of the Desert cannot be held liable in the event that, for any reason whatsoever, the Train is never launched, and the booking of the Trips is never opened. In this case, Clients will receive a refund of their Fee. No other compensation will be granted to the Clients.
9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS
For any questions related to the Registration (requests for further information, or request of refund), the Client is requested to contact the Call Center directly.
For any comments and/or complaints, the customer service is at your disposal:
When dealing with customer service, the Client undertakes to remain courteous and not to make any derogatory remarks about Dream of the Desert, the entities of their group or their employees or collaborators, in accordance with the rules of common sense and politeness. Dream of the Desert reserves the right to take any appropriate action against the Client in the event of prejudicial or reprehensible behavior (in particular untoward, malicious or insulting behavior) towards Dream of the Desert or its employees or collaborators.
10. PERSONAL DATA
When the Client uses the Websites, contacts the Call Center or requests information, Dream of the Desert processes personal data, and acts as such as data controller pursuant to the Personal Data Protection Law, as amended from time to time, together with its implementing regulations and any guidance issued by the Saudi Data & Artificial Intelligence Authority (“SDAIA”) or the National Data Management Office (“NDMO”). Thus, the information collected in this context is intended for Dream of the Desert, its partners and its service providers (especially online payment service providers) for the purposes of executing the Registration, taking pre-contractual measures or answering the Client’s requests and will not be further processed in a manner incompatible with such purposes.
The Client may at any time exercise their rights under the Personal Data Protection Law and its implementing regulations.
By accepting these General Conditions of Registration, the Client acknowledges that it has reviewed and understood Dream of the Desert’s Privacy Policy, which sets out further details regarding the categories of personal data collected, the purposes of processing, data retention, and the Client’s rights as a data subject under the Personal Data Protection Law.
Where it is necessary to transfer personal data outside KSA (e.g., to affiliates or subsidiaries within the same corporate group headed by Arsenale S.p.A), such transfers will be conducted in compliance with the Personal Data Protection Law and any guidance issued by SDAIA/NDMO, including requirements for obtaining approvals (where applicable) and ensuring that appropriate safeguards are to protect the personal data.
Dream of the Desert and any affiliate or subsidiary, as the case may be, prior of transferring personal data outside KSA, will (i) enter into a data processing agreement including the relevant Saudi Standard Contractual Clauses, which can be found at StandardContractualClausesForPersonalDataTransferEN.pdf and (ii) carry out the relevant risk assessment in line with Personal Data Protection Law and its regulations.
11. MISCELLANEOUS
The Client’s entry of any data in the Website form during Registration and acceptance of these General Conditions of Registration constitute an electronic contract between the parties.
The General Conditions of Registration express all the obligations of the parties in relation to the Registration. No other conditions communicated by the Client may be included therein.
If one or more clauses of the General Conditions of Registration are deemed invalid or declared invalid by application of a law, regulation or following a final decision of a competent court, the other clauses shall remain fully valid and applicable.
The official language is English.
If the General Conditions of Registration are translated into a foreign language, the English version shall prevail over any other translation in the event of a dispute, litigation, difficulty of interpretation or enforcement of these terms and conditions and, more generally, of the relationship between the parties.
The Client acknowledges and agrees that Dream of the Desert may assign these General Conditions of Registration and all rights and obligations hereunder to any third party without the prior written consent of the Client. The Client agrees that such assignment releases Dream of the Desert for the future. The Client may not assign the General Conditions of Registration, or the rights and obligations attached thereto to third parties without the prior written consent of Dream of the Desert.
In accordance with Article 25 of the Saudi Personal Data Protection Law, consumers who do not wish to be the subject of commercial canvassing by telephone and/or email can unsubscribe by writing at the following address unsubscribe@dreamofthedesert.com.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
The General Conditions of Registration are governed by the laws of the Kingdom of Saudi Arabia, without prejudice to any mandatory protective provisions that may be applicable in the consumer’s country of residence. The Client is informed by Dream of the Desert of the possibility of having recourse, in the event of a dispute relating to these General Conditions of Registration, to the courts of competent authority in Saudi Arabia.
The preceding is without prejudice to the right of the Client to bring any action regarding the agreement before the court of the place where the Client resides or is habitually domicile.