Service Contract between the Pilgrim and the Organizer of

The Arrival of Pilgrims from Abroad

Organizer No. : ……………….          Pilgrimage Year …………..

Contract No.   : ……………….          Belonging to Pilgrims’ Group……

With the help and assistance of Allah, in …..……city of the State of ………………….

And on the day of.. …/  ………/14…. H.  Corresponding to ..…/…... /20……. G.

Agreement was reached by and between each of the following:

1.    Messrs (Company/Agency/Authority/Organization): …………………………….

Licensed by the Ministry of Hajj, Kingdom of Saudi Arabia, pursuant to the Regulations and Bills regulating same, under Organizer No, …………for organizing the arrival of pilgrims from outside the Kingdom of Saudi Arabia, from the State of ……...…. For a total number of (……) pilgrims, Head Office Address at the State of …………. The City of ……….  District,  ……….. Street, …………….Building, P.O.B. ………..Postal Code: ………….,   Phone……………..,Fax ……………WebSite or E-Mail Address………………., represented for the making and signing of this Contract by Mr. ………………….., in his capacity of : ……………………, which capacity that authorizes him to make and sign this Contract pursuant to the attached evidencing documents, being of ……………….. Nationality as per Passport No. ………………. Issued by : ……………On …/…/ …  H. Cellular Phone No…………………..

Hereinafter referred to for the purpose of this contract as (First Party – Organizer

2.  (Male/Female Pilgrim) ……………...........................……… of ……………… nationality, Date of Birth: …/…/…………G.,     

Age: …….   Years, as per Passport No. : ……………., issued on ……/……/…… G., Type of passport: ……….. (Ordinary/Intnt/Diplomatic),

copy of which is attached hereto: permanent domicile in the State of ……….., City of ………   … Street,  Home : …………..,  P.O.Box. …….., Postal Code,  Phone: …………….., Fax: …………….., Cellular: ……………, E-Mail Address:…………………..

Hereinafter referred to as (Second Party – Pilgrim)

Preamble:

              Whereas the First Party is the authority legally authorized by the Ministry of Hajj,, Kingdom of Saudi Arabia, to arrange the arrival and organization of the affairs of pilgrims arriving from the State of ……………..through such authority during the Hajj Season of this year; whereas it has the required capacity and capability to prepare, implement and provide, directly or indirectly, all the required services to the Second Party, in such a manner as to enable the Second Party to perform the Hajj rituals and to visit the Prophet’s Holy Mosque at Al-Madinah Al-Munawwarah, pursuant to the required regulations and instructions applicable in the Kingdom of Saudi Arabia.

              Whereas the Second Party is A Muslim desiring to perform the Hajj rituals and visit the Prophet’s Holy Mosque during the Hajj Season of the year ……. H., and whereas he desires to draw up a contract with the First Party and whereas he is satisfied with all the services provided by the First Party for enabling him to perform the rituals up to his return to his home country, with all the legal procedures involved in the provision of such services, transportation, accommodation and other procedures, pursuant to the items of this Contract.

              Now, therefore, after each Party has declared its full legal capacity, under Shari’ah and the Regulation, to enter into contract, and having declared its full knowledge of the obligations and consequences that are involved in this Contract, and whereas he is aware of all the regulations, bills, decisions, instructions and criteria issued by the Government of the Kingdom of Saudi Arabia that regulate the arrival and service of pilgrims from outside the Kingdom of Saudi Arabia that are applicable to this Contract, the two Parties have agreed on the following items:

Subject and Term of Implementation of the Contract

First:

• The above preamble shall be considered a summary of the subject of this Contract, and all the copies of the documents attached hereto and all the data included in the Contract constitute an integral and complementary part thereof, and shall be applicable in the implementation and construction any items thereof.
• The two Parties have agreed that the term of this Contract shall not exceed the duration of the activities of the Hajj Season of the Year …… H only, the Contract term shall commence as of the date of the signature of this Contract by the two Parties. In …/…/ …….. G. and shall end on …. /…. /……. G corresponding to …../…../…….. H., so that it shall not extend beyond the last day of the month of Muharram of the following year of the Hajj Season, pursuant to the “Umm Al-Qura Calendar.

Obligations and Services

Second: Stage preceding the arrival of Pilgrims

•  After the Second Party has satisfied the legal requirements, has filed the necessary documents with the first Party and signed this contract by the two Parties, the First Party shall  submit an official application to the concerned Embassy of the Custodian of the Two Holy Mosques or the representative of the kingdom of Saudi Arabia in the pilgrim’ s country for obtaining an entry visa to the kingdom for performing the Hajj duty, which visa the government of the kingdom of Saudi Arabia issues free of charge without any material consideration, and pursuant to the regulation sand instructions determined for obtaining same

• The two Parties have agreed that the cost of the administrative procedures performed by the first Party to enable the Second Party to obtain the Hajj visa, and to prepare him to perform the Hajj duty, including receiving the services that are provided by the establishments of arbab at-Tawa’f and all the health conditions, as well as the administrative expenses connected with the preparation of the means of travel, a sum of (………….) local currency, only………… local currency, equivalent to a sum of (………..) US $, only ………… US $

• The two Parties agree that the method of travel to the Holy Land shall be as follows:

Air travel:: via …………… Air lines, pursuant to the confirmed departure booking No …………… and the Air tickets No……………..Day of departure ……………. Dated …………/…../…….G, at ………..am/pm………………local time on flight No…………..which shall take-off from ……….Airport and the arrival destination shall be …………..Airport at the City of …………in the Kingdom of Saudi Arabia, on ………/……/……G at ………… am/pm ………….. local time

 4 -     For the health and safety of pilgrims arriving through the  First Party and in case of the desire to provide the pilgrims with additional services that include providing meals to them at the Hajj cities or at the Holy Sites, Such Party shall, in particular, be obligated to draw up a subsistence contract with (caterer)  Saudi firms and companies  that are licensed by the official competent authority in the Kingdom to provide the services of meals and subsistence which comply with the health conditions pursuant to the regulations and conditions that are applicable in the Kingdom of Saudi Arabia in coordination with the  Tawaf  and Guides Establishments and the consolidated agents Office that specialize in providing services to them according to the location of provision of the services and compliance with the provisions of the consolidated contract for the subsistence services which are prepared by the Ministry of Hajj. The First Party (the organizer) shall be liable for all claims or responsibility resulting from violating these obligations 

Third: Stage of Arrival in the Kingdom

1- In case of agreement to provide additional services to the pilgrims, other than the basic services that are provided to the pilgrims, the two Parties shall list them in this contract or attach same in writing, and pursuant to the contracts made by the First Party with respect to the additional services with the local establishment or arbab at-Tawa’f or others.

2- The two Parties have agreed that the First Party shall provide (itself or through another Party with whom it had previously contracted) the Second Party (the pilgrim) with the additional services that are connected or associated with reception upon the arrival of the second Party (the pilgrim) in the territory of the Kingdom of Saudi Arabia or during his transportation to the Hajj cities, other than the established basic services, whose cost he had previously paid as follows:

S e r v i c e ……....…, detailed description of the service:

…………………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ………….US $

 S e r v i c e ……….…..detailed description of service

……………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ……….US $

Fourth: the stage of staying at Makkah Al-Mukarramah

1- The First Party declares having made an official and final contract with the authorities and persons who are legally recognized for accommodating the second Party ( the pilgrim) in Makkah Al-Mukarramah and Al-Madinah Al-Munwarah at a building that is prepared and equipped for the accommodation of Pilgrims and in which all the legal requirements and conditions as well as the equipment required in respect of accommodation, security, safety and protection and all the required services including the availability of water for use by humans and the availability of electric power throughout the duration of the contract term.

2-     The two Parties have agreed that the stay of the second Party (the pilgrim in Makkah Al-Mukarramah) shall be according to the following details:

Duration of stay in Makkahh Al-Mukarramah: ………………days, commencing on …………./……/……. G.  up to …………/……/……..G. , corresponding to ………/……/……H ………./……./……….H (pursuant to Umm Al-Quraa Calendar)

Accommodation in a room (single/shared by ………..persons) at the …….floor,  ………building, named………… situated in Makkah Al-.....Mukarramahh ……..District,…………..Street near…………. Which is at a distance from the Holy Mosque not exceeding: …………kms, which consist of ground floor+ mezzanine, wherein are available all the required basic services

The cost of accommodation of the pilgrim in this room throughout the period indicated for the stay in Makkah Al-Mukarramah shall be (………….) local currency, only…………….local currency, equivalent to a suoe of (…………) US $, only ……….US $ 

3-The two Parties have agreed that the First Party shall provide (Himself or through another Party with whom he had previously contracted) to the second Party (the pilgrim) the additional services during his stay in Makkah Al-Mukarramah other than the established basic services, as follows:

S e r v i c e …….....… detailed description of the service:

……………………………………………………………………..

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a suoe of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ………….US $

 S e r v i c e ……….…..detailed description of service

……………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ……….US $

Fifth: Stage of Performance of Rituals and Stay at Holy Sites

The two Parties have agreed that the First Party shall provide (Itself or through another Party with whom it had previously contracted) to the Second Party (the pilgrim) the additional services during his stay at he Holy Sites (Mina, Arafat, Muzdalifah) other than the basics services that the Second Party is entitled to, or that are additional thereto, in which case they shall be as follows:

S e r v i c e ………, detailed description of the service:

…………………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ………….US $

 S e r v i c e ……….…..detailed description of service

……………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ……….US $

2-   The Second Party (the pilgrim) declares that he shall comply with all the directives, instructions or guidelines that are notified to him directly by the First Party or by the Mutawwif  who is designated to serve him during  his stay at the Holy Sites, and are connected with the services provided to him or that are connected with the protection of his security, safety and comfort.. This requires him to fully cooperate with them for making a success of the Organization of the Hajj activities that aim at serving all the Pilgrims and their performance of their rituals with ease and facility.

Sixth: Stage of Stay in Al-Madinah Al-Munawwarah

1- The two Parties have agreed that the stay of the second Party (the pilgrim) in Al-Madinah Al-Munawwarah shall be according to the following details:

Duration of stay in Al-Madinah Al-Munawwarah: ………………days, commencing on …………./……/……. G.  up to …………/……/……..G. corresponding to ………/……/……H ………./……./……….H (pursuant to Umm Al-Quraa Calendar)

Accommodation in a room (single/shared by ………..persons) at the …….floor,  ………building, named………… situated in Al-Madinah Al-Munawwarah ……..District,…………..Street near…………. Which is at a distance from the Prophet’s Holy Mosque not exceeding: …………kms, which consist of a ground floor+ mezzanine, wherein are available all the required basic services .

The cost of accommodation of a pilgrim in this room and throughout the designated stay period in Al-Madinah Al-Munawwarah is a sum of (………………..) local currency,  only …………………….local currency, the equivalent of a sum of (………………………) US$, only ……………….US$

Accommodation In a room (single/shared by ………..persons) at the …….floor,  ………building, named………… situated in Al-Madinah Al-Munawwarah ……..District,…………..Street near…………. Which is at a distance from the Prophet’s Holy Mosque not exceeding: …………kms, which consist of a ground floor+ mezzanine, wherein are available all the required basic services .

The cost of accommodation of a pilgrim in this room and throughout the designated stay period in Al-Madinah Al-Munawwarah shall be a sum of (………………..) local currency,  only …………………….local currency, the equivalent of a sum of (………………………) US$, only ……………….US$

2.  The two Parties have agreed that the First Party shall provide (Itself or through another Party with whom it had previously contracted) to the Second Party (the pilgrim) the additional services during his stay in Al-Madinah Al-Munawwarah other than the established basic services, as follows:

S e r v i c e ………, detailed description of the service:

…………………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only …………. local currency, equivalent to a sum of (………………) US $, only ………….US $

 S e r v i c e ……….…..detailed description of service

……………………………………………………………

Time and place of its provision ………………, for the cost of which the pilgrim shall bear a sum of (………..) local currency, only local currency, equivalent to a sum of (………………) US $, only ……….US $

Seventh: Stage of Departure and Return of a Pilgrim to his Country:

• The First Party shall make sure that the booking of Pilgrim’s return ticket is confirmed , and that the flight No. and date are indicated pursuant to the dates previously indicated by the General Authority of Civil Aviation. The two Parties to the Contract shall fully comply with the previously designated departure dates.
• The two Parties are prohibited from intervening in taking a departure decision contrary to what is indicated on the flight schedules, as the grouping of pilgrims during the departure stage shall be according to the schedules of flights that are issued by the General Authority of Civil Aviation, which is the basis for the grouping of the pilgrims and for taking the decision pertaining to their departure.
• The First Party shall be present itself or a representative thereof during the stage of departure of the pilgrims he is in charge of at the Hajj Terminals at King Abdulaziz International Airport in Jeddah and at Prince Muhammad bin Abdulaziz Airport in Al-Madinah Al-Munawwarah, for facilitating and completing the procedures pertaining to receiving the excess luggage of the pilgrims in case they are unable to pay the cost of excess weight of such luggage, this being to avoid delaying the travel of the pilgrims and missing the time of the depature flights.
• The two Parties have agreed that the method of travel of the Second Party (The Pilgrim) and his departure from the territory of the Kingdom of Saudi Arabia shall be as follows: 

Air Travel:  Via the ………….Airlines pursuant to the confirmed return booking No: ……………………, and air-ticket No. …………………, Departure Day …………… date …./…../………G. at …………hour , ………. local time, on flight No. ………., which shall take off from ………………. Airport, in the City of ……………………, Kingdom of Saudi Arabia, the destination station shall be ………. Airport, on …./…../……..G. in the City of ………………., in the Kingdom of Saudi Arabia on ………./……/ ………..G. at ……….hour ………..local time

5-The first Party shall comply with the designation of the departure date for all pilgrims of whom he is in charge. In case there are pilgrims whose departure date to their countries has not been designated or needs to be amended, they shall report to the Airline concerned and fix and confirm the booking of their return before Moving to arrafat and shall inform the tawafa establishment or the group of field service to this effect.

6-The organizer shall observe what the responsibility of the Air carriers requires towards all the passengers in case of delay of flights and shall secure the necessary services for the pilgrims according to the delay period starting with the necessary refreshments and providing meals and staying at hotels if the delay has exceeded the legal period

The total costs of the contract and the method of payment:

Eighth:

• the second Party shall pay a total sum of (……….) in local currency, only ………..local currency, or the equivalent of a sum of (…………) US$, only………….US$, to the first Party, which sum shall represent the total cost of such agreed services between the parties to this contract
•  the two Parties have agreed that the payment of the total cost of the whole contract shall be made in one payment upon the signing of the contract, in cash or by the check which the Second Party has given to the First Party No…………… dated ……./…../….. G, (copy attached), which is drawn on …………..Bank.  The first Party has drawn up in this respect a receipt No ……….. dated……/…../……G, copy which is attached

General and final provisions

Ninth:

• the first Party shall take care of the safety of the Second Party and enabling him to perform the Hajj rituals with ease and facility, and shall spare the pilgrim any obstacles or difficulties that he may encounter before or during his performance of the Hajj rituals
• the two Parties have agreed to refrain from violating or breaching the regulations, bills and instructions that regulate the Hajj affairs, which are issued by the Ministry of Hajj and the other relevant official authorities , and shall fully comply with and implement the instructions, conditions and specifications which are determined by the competent authority at the Ministry of Hajj, the General Department of Civil Defense and the other official authorities that are connected with the Hajj activities or as regards the accommodation of pilgrims.
• in case of the existence of a problem or complaint connected with  the services,  the second Party shall immediately submit it immediately after its occurrence and well in advance of his departure from the Kingdom to a branch of the Ministry of Hajj in Makkah Al- Mukarramahh, or to the Jeddah Governorate or Al-Madinah Al-Munawwara or through the centers of complaint committees of the Ministry of Hajj which are spread throughout the various cities of Hajj and the Holy Sites, and shall attached thereto a copy of this contract and any other documents that are necessary to establish them. These shall be dealt with forthwith according yo the subject thereof and the Pilgrim shall be entitled to obtain a document from the Ministry which proves the failure by the First Party to provide the service in order to present it to the competent authorities in his country if he wishes to pursue his claim before the authorities. The establishment of the failure of the First Party will entail legal questioning pursuant to the regulations and instructions
•  the Hajj must take with him a true copy of this contract to refer to it himself or the authorities concerned when necessary.
• The two Parties have agreed that for all official notifications and communications between them to be valid, they shall be made to the address of correspondence of each Party or through the official mail or the electronic mail inscribed at the outset of the contract and are to be signed  by its two Parties or by those they officially authorize.
• This contract shall come into effect before the legal administration only after its signature by its two parties. No addition to its items or its obligations shall be valid unless it is made in writing and signed by the two parties or by their legal representatives and attached to the contract
• he two parties have agreed that in case a dispute arises in the constructions or implementation of this contract it shall be settled amicably, falling such amicable settlement it shall be referred to the competent authority at the Ministry of Hajj, as a neutral Party, for effecting an amicable settlement of the dispute. Should this prove to be impossible, the two Parties may refer it to the competent  judiciary courts, authorities or committees to decide on same pursuant to the regulations that are applicable or pursuant to the applicable regulations in the country from which the pilgrim had come..
• This contract has been drawn up in Arabic and translated into English or into the language of the pilgrim. The terms of the contract that are written in Arabic shall be the basis to be resorted to in case the interpretation of any term is required
• This contract has been drawn up in six original counterparts to which the all the necessary annexes and documents are attached and signed by the Parties to this contract, each of whom  has received a copy. The first Party shall deliver a copy to the Establishment of  tawafa that is concerned with his service in Makkah Al-Mukarramah, a copy to the National Establishment of Guides in Al-Madinah Al-Munawwara and a copy to the Consolidated Agents Office in Jeddah, and a copy to the General Administration of Pilgrims from abroad, at the Ministry of Hajj in Makkah Al-Mukarramahh  

Allah is the bestower of success

First Party - Organizer                                                                                                                       Second Party-pilgrim

Name::                                                                                                                                                 Name:

Signature :                                                                                                                                           Signature:

Stamp :                                                                                                                                                 Date:

                                                                                  .