Emirates Dubai Experience Terms and Conditions

1. 1.1 The Booking Form, these Conditions, your Booking Confirmation and any other similar documents, our brochures (if any) and the information on our website shall form the sole basis of the contract between you and us (the “Contract”).
2. 1.2 Information published on Emirates Dubai Experience’ website or provided through our travel agents constitute part of the Contract, unless such information is irrelevant to you and your booking. Such information will not be treated as part of the Contract if it was clearly out of date or is no longer applicable prior to the confirmation of your booking.
3. 1.3 Emirates Dubai Experiences are available exclusively to Emirates airline passengers. You can either buy the Emirates Dubai Experience in one purchase (including your flight) or create and purchase an Emirates Dubai Experience after you have already purchased an Emirates flight ticket.
4. 1.4 In addition to these Conditions:
   1. 1.4.1 Emirates’ Conditions of Carriage will apply and form part of the Contract as your experience includes a flight operated by Emirates. These are available on the Emirates website. If and to the extent that these Conditions conflict with Emirates’ Conditions of Carriage, these Conditions will prevail; and
   2. 1.4.2 Where any element of the Emirates Dubai Experience is provided by a third party supplier or operator, the terms and conditions of such supplier or operator shall also apply. Copies of such terms and conditions are available on request.
5. 1.5 Where the context permits, reference to “you” and “your” in these Conditions will include the person named as the lead person on the Booking Form and all persons travelling under that same booking.
6. 1.6 The Contract is governed exclusively by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. The Dubai Courts shall have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with the Contract.
7. 1.7 These Conditions apply equally to you and to all persons named in your booking. When you make your booking on behalf of other people, it is your responsibility as their agent to bring these Conditions to their attention and ensure they have read them.
8. 1.8 On requesting your booking you guarantee that you have the authority to accept and do accept on behalf of all persons named in the Booking, the terms of these Conditions.
9. 1.9 On accepting the terms of the Booking Form you acknowledge that you have received, understood and accepted these Conditions and the content of the Booking Form.
10. 1.10 he person who accepts the Booking Form or makes and pays for the booking must be at least 21 years old. Some hotels and other suppliers may require some or all of your group to be of at least a particular age, or for at least one person in each room to be of a particular age. To check a specific hotel or supplier’s policy, please contact us.
11. 1.11 Any data, including your personal data and the data of those in your party, provided by you to us in relation to your booking shall be treated in accordance with our Privacy Policy.

2.1 Prices:

2.1.1 We reserve the right to alter the prices of any of the experiences shown on our website, in our brochures and other literature.

2.1.2 You will be fully advised of your tailor-made itinerary and pricing prior to the making of your booking. Unless otherwise noted, prices are per person, and include a flight plus one or more of the following: accommodation, tickets for tours, attractions or theme parks, airport transfers, airport services, car hire, or any other services as detailed in the itinerary.

2.1.3 Prices you see online may be different to prices offered over the phone, in our retail stores, or via a travel agent. Before you make a booking we will give you the up-to-date price of your chosen experience including the cost of any supplements, upgrades or additional facilities which you have requested. The price of any experience booked includes only the items specified in the Booking Form. Unless otherwise specified, it does not include items of a personal nature including, but not limited to, travel insurance, meals, optional excursions, passport, visas, cots and food for infants, laundry, room service and hotel extras (including early/late check-in/check-out fees), hotel car parking (where applicable), gratuities or taxes.

2.2 Hotel Meal Plans and Room Configurations:
Half-board or all-inclusive hotels/properties may base their inclusive meals on specific dining venues. When more than two people share a room the hotel may specify that this is based on the room's 'existing bedding' and not provide an additional bed as standard, although rollaway beds can often be booked at an additional charge.

2.3 Special Offers:
Some of our partners run special offers and a selection of these are outlined on our website. The special offers on the partner pages of our website are intended as a guide only and are subject to change. You will be advised of the full terms and conditions applicable to specific offers when you book and these may differ from these Conditions.

2.4 Special Offers:

2.4.1 Please note that in order to qualify for infant status an infant must be under two years of age on the date of their return flight.

2.4.2 Our website, brochures and other literature are our responsibility and do not commit Emirates airline to provide any services until you have received a Booking Confirmation.

2.5 Flight Discounts

How to avail of a flight discount with Emirates Dubai Experience

2.5.1 When purchasing your flights at the same time as Emirates Dubai Experience products you can enjoy, at Emirates Dubai Experience’s sole discretion, up to 10% discount on your airfare (taxes and other surcharges, such as seat selection charges, overweight luggage costs etc. are not discounted) (“Discount”), subject to this clause 2.5.

2.5.2 Subject to clause 2.5.3, you can avail of the Discount if you add at least two qualifying Emirates Dubai Experience products e.g., hotel stays, tours & attractions and airport services, to your cart prior to selecting your flights. For the avoidance of doubt, in the event the qualifying Emirates Dubai Experience products are added to the cart post the selection of the flights, the Discount would not be applicable to the flights selected.

2.5.3 The following exclusions apply to the provision of the Discount.

2.5.3.1 Tours & attractions marked ‘Pay at the Venue’ or ‘Free’;

2.5.3.2 Flight bookings made through Emirates Contact Centres or travel agents; and

2.5.3.3 Flights booked as a one-way journey.

2.5.4 For the avoidance of doubt, please note:

2.5.4.1 the Discount cannot be applied retroactively on flights already booked;

2.5.4.2 In the event the qualifying Emirates Dubai Experience products are removed from your cart, the Discount will be disapplied.

2.5.4.3 Hotels, tours & attractions which are not Emirates Dubai Experience products i.e. they are featured on other areas of the Emirates website and are booked and/or paid for directly with a third-party service provider cannot be added to your Emirates Dubai Experience itinerary and do not qualify towards the Discount; and

2.5.4.4 The Discount can be amended at any time at Emirates Dubai Experience’s sole discretion.

• 3.1 Where to book and make payment:
• 3.1.1 A booking can be made on our website, at Emirates sales outlets and call centres, or through a travel agent and must be accompanied by full payment in accordance with section 3.5 below.

• 3.2 Booking Confirmation:
• 3.2.1 A booking is accepted by us and comes into effect as soon as we issue confirmation of acceptance of the booking and availability of the relevant flights and other services (“Booking Confirmation”). Please note we are under no obligation to accept a booking and issue a Booking Confirmation.
  
  
• 3.2.2 Once full payment has been made for an accepted booking, we will issue you with your travel documents including your flight ticket and service vouchers for land based services (e.g. tours, attractions, hotel accommodation).
  
  
• 3.2.3 It is important to check your Booking Confirmation to make sure that all the details are exactly as you requested. In the event of any discrepancy, please contact us (or your travel agent) immediately as it may not be possible to make changes later.
  
  
• 3.2.4 When a booking is made through a travel agent, all monies paid by you to the travel agent are held by the travel agent as our agent.

• 3.3 Communications:
• 3.3.1 Where you make a booking directly with us, communications from us will be sent to the email address you provided at the time of booking.
  
  
• 3.3.2 Where a booking is made through a travel agent, communications from us and with us must be via your travel agent.

• 3.4 Ways of Paying:
• For bookings made over the phone or in person, payments can be made by cheque, cash, debit or credit card. Subject to applicable laws in the location where payment is collected, payment by credit cards may incur a fee which we will advise you of at the time of booking. Please note, should it be necessary to re-present a cheque to our bank which has been returned without being honored by your bank, a charge will be applied. For bookings made using our website, payments can be made by credit or debit card; additional methods of payment could be available depending on your Emirates departure point. Your card will be debited when you click on the confirm button. The invoice and documentation will be sent to the email address you provide on booking or the registered billing address of the card holder.

• 3.5 Payment of your Experience:
• 3.5.1 You must pay 100% of the purchase price of your Emirates Dubai Experience at the time of purchase. Special payment conditions may apply during peak periods (public holidays, exhibitions and special events, Eid holidays, Christmas and New Year, etc.). You will be advised of these before you make your booking and it will be confirmed in your Booking Confirmation.
  
  
• 3.5.2 If, for any reason we cannot confirm your booking, all monies you have paid to us or your travel agent for that booking will be refunded and we shall not have any further liability to you.

• 3.6 Special Requirements and Special Requests:
• We will meet special requirements which have been confirmed in your Booking Confirmation as accepted by us. Please note that we will try to meet special requests like adjacent rooms, specific room numbers or bed types but cannot guarantee their availability. Although these types of requests will be noted on your booking, any failure to meet these special requests will not entitle you to compensation or a price reduction.

• 4.1 Visiting a Muslim Country during Ramadan:
• 4.1.1 Visitors to the United Arab Emirates during Ramadan are advised to respect those fasting by refraining from drinking, eating or smoking in public during daylight hours and to wear modest dress in public areas.
  
  
• 4.1.2 Most hotels and resorts have screened-off private areas for non-Muslims. Some tours, entertainment, bars and facilities may be restricted, although drinks can generally be ordered via room service.

• 4.2 Passports & Visas:
• 4.2.1 Certain nationalities do not require visas to enter the United Arab Emirates. For other nationalities, visas for stays of up to 30 days are available on payment of additional charges. However, issuance of any visa is purely at the discretion of the United Arab Emirates immigration authorities and we cannot accept responsibility should your visa application be rejected. For some passport holders, the United Arab Emirates immigration authorities refuse to process visa applications and, in such circumstances, we will not make any offer to sponsor the visa application.
• 4.2.2 You must ensure that all members of your party have valid passports, visas, certificates of vaccination and any other documents required to enter the United Arab Emirates, prior to your departure. We are not liable to you if you travel with incorrect documentation and we cannot accept responsibility if any failure on your part to comply with passport or visa requirements results in any costs or fines being incurred.
• 4.2.3 For more information about UAE visas, please refer to the UAE visa information page.
• You can also check visa requirements with the UAE Embassy or consulate.

• 4.3 Health Information:
• 4.3.1 It is your responsibility to ensure that you are fit to travel and participate in all parts of the services you have booked and undertaken.
• 4.3.2 In relation to vaccinations and health formalities, you should consult your doctor at least two months before your visit to the United Arab Emirates. It is your responsibility to ensure that you can prove you have had any required vaccinations and we cannot accept any liability if you are refused entry to the United Arab Emirates because you are not able to present documentary evidence that you have had the required vaccinations.

• 4.4 Early Check-in and Late Check-out:
• Unless otherwise specified at the time of booking, hotels booked through Emirates Dubai Experience provide a 24 hour check in and checkout policy. Your hotel reservation will therefore start at your flight scheduled arrival time and will terminate at the same time on your day of departure.

• 4.5 Excursions You Buy Separately:
• Excursions or other tours that are not included in your Booking Confirmation but that you may choose to book or pay for before or whilst you are on holiday are not part of your Emirates Dubai Experience provided by us. This includes any excursions or services featured on the Emirates Dubai Experience website but which are purchased by you separately by contacting the excursion or service provider directly. Features of third party products are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for your bookings and reservations of such third party products. For such excursions or other tours that you book before or during your holiday, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

• 4.6 Fees Payable Locally:We will advise of any fees you need to pay locally before you book and will also state in your Booking Confirmation the fees you may be required to pay locally.
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• 4.7 Travel Insurance:
• We strongly recommend that prior to travelling you obtain a fully comprehensive policy of travel and medical insurance suitable for your specific requirements which covers the cost of cancellation of your Emirates Dubai Experience or the cost of assistance, including repatriation, in the event of an accident, illness or death. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

• 4.8 Your behavior:
• If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services you have booked, your behavior or the behavior of any member of your party is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause danger, damage, distress or upset, disturbance or annoyance to others or others' property, we may terminate your travel arrangements without any liability on our part. No refunds will be made and we will not pay any compensation, expenses or costs incurred as a result of the termination.

• 4.9 Information:
• 4.9.1 You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of Booking Confirmations. We are not responsible for problems that arise due to incorrect communication of personal information or special requirements of any other person travelling on the booking.
• 4.9.2 If you are booking an Emirates Dubai Experience on behalf of others you must make sure that the other person(s) travelling will comply with these Conditions, and that the nature of the relevant Emirates Dubai Experience permits you and all such person(s) to participate in the Emirates Dubai Experience without any strain on him/her or others.
• 4.9.3 It is your responsibility to advise us of any specific needs. Where you have made known to us specific needs, we will advise you on the suitability of the experience taking into account the specific needs you have made known to us.
• 4.9.4 As your Emirates Dubai Experience includes a flight, you are also responsible for: (a) notifying us prior to the time of booking of any personal circumstances and need pertaining to a person included in the booking including, without limitation, whether any such person is not self-reliant or is a person with reduced mobility – for example, if you, or a member of your party, have difficulty walking 500 meters; and (b) notifying us at any time from the time of booking until 48 hours prior to the flight’s departure by calling our call centre if any person travelling has ceased to be self-reliant or a person with mobility or if a person previously reported to be with reduced mobility or as not being self-reliant does not longer fall into either category.
• 4.9.5 The information contained in our brochures and other literature is accurate at the time of publication. Please check our website for live information and any updates.

• 5.1 If You Want To Change Your Booking:
• 5.1.1 If you wish to change your travel arrangements in any way, for example your chosen departure date or hotel or excursions, we will do our best to make these changes but it may not always be possible.
  
  
• 5.1.2 Any request for changes must be made in writing from the lead person on your booking (or your travel agent). You will be charged an amendment fee in accordance with section 5.4 below. You will also be required to cover any increase to the cost of your Emirates Dubai Experience or other costs charged by suppliers as a result of your amendment.
  
  
• 5.1.3 Please note that certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100%. We will advise you at the time of booking whether any of your travel arrangements are non-changeable.
  
  
• 5.1.4 Please also note:
  
  • 5.1.4.1 if you change the date or time of your flight booking after purchasing your Emirates Dubai Experience, it is your responsibility to modify the dates or times of any land services in your Emirates Dubai Experience, which will be subject to availability. Amendment and/or cancellation fees may apply as per clause 5.4 below;
  • 5.1.4.2 If you change your flight departure country after booking your Emirates Dubai Experience, we reserve the right in our absolute discretion to cancel your Emirates Dubai Experience and cancellation charges may apply as per clause 5.4 below.

• 5.2 If You Cancel Your Booking:
• 5.2.1 You or any member of your party may cancel your travel arrangements at any time before the start of your holiday. Written notification from the lead passenger (or your travel agent) must be received at our offices.
  
  
• 5.2.2 Please note that in the event you cancel your flight ticket after purchasing your Emirates Dubai Experience, your Emirates Dubai Experience booking shall be automatically cancelled.
  
  
• 5.2.3 Since we incur costs in cancelling your travel arrangements, you will be required to pay cancellation charges, which may in some instances be recovered under your policy of insurance. Please refer to Section 5.4 for details on cancellation and amendment fees charged by us which are in addition to the cancellation fee charged by the relevant supplier.
  
  
• 5.2.4 Please note that if you do not cancel your travel arrangements in advance and you do not undertake your holiday you may incur a no-show fee in addition to any other supplier imposed charges.

• 5.3 Refunds:
• 5.3.1 No refund will be made for any part of your booking that has not been utilized (e.g. breakfast, activities or other services).
  
  
• 5.3.2 Refund claims should be requested within 30 days of the scheduled completion of your Emirates Dubai Experience. Refunds for credit card payments or large cash refunds may take up to 45 days.

• 5.4 Cancellation and Amendment Charges:
• 5.4.1 The processing fees set out below are in addition to any supplier imposed cancellation, or amendment charges: As set out above, certain travel arrangements may not be altered or cancelled after a reservation has been made and any alteration or cancellation could incur a charge of up to 100%.

• 5.4.2 *Amendments may only be processed 72 hours or more before the scheduled arrival date. Cancellation fees shall apply for any amendments requested less than 72 hours before the scheduled arrival date.
  
  
• 5.4.3 Separate cancellation charges may be applicable for certain arrangements (e.g. cruises, safaris and rent-a-car) and during peak periods (e.g. public holidays, exhibitions and special events, Eid holidays, Christmas and New Year). You will be advised of these at the time of booking.
  
  
• 5.4.4 Charges for amendments or cancellations are calculated from the date we receive your written request or notification.
  
  
• 5.4.5 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurer.

• 6.1.1 It is unlikely that we will need to make any change to your travel arrangements but sometimes circumstances change and alterations have to be made. We reserve the right to change your booking at any time and will inform you if we do so.
  
  
• 6.1.2 If we make a significant change to one of the main characteristics of your Emirates Dubai Experience or we are unable to fulfil a special requirement which we have agreed to provide, we will inform the lead person (or your travel agent) as soon as reasonably possible if there is time before your departure.
  
  
• 6.1.3 By way of example, the following do not constitute significant changes to your booking: alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard.
  
  
• 6.1.4 If we notify you that we need to alter significantly any of the main characteristics of the travel services making up your booking or that we cannot fulfil a special requirement we agreed to provide, you will have the choice to:
  • I. accept the change to your booking; or
  • II. cancel your current booking without having to pay any cancellation fees.
    
    
• 6.1.5 You must tell us your choice within 72 hours of being informed of the significant change we are making, or if your departure is less than 72 hours from receiving the notification, you must tell us as soon as possible. If we do not receive notification of your choice, you are deemed to have accepted the change to your booking.
  
  
• 6.1.6 When we notify you of the significant change to your booking we will let you know the impact of the change on the price of your Emirates Dubai Experience. If the significant change results in a Emirates Dubai Experience of a lower quality or cost we will give you a price reduction.
  
  
• 6.1.7 If you choose to cancel your booking, we will try to offer you a substitute Emirates Dubai Experience if possible of an equivalent or higher quality. We will let you know the price of the proposed substitute Emirates Dubai Experience at the same time. If the substitute Emirates Dubai Experience being offered is of a lower quality or cost we will give you a price reduction.
  
  
• 6.1.8 If you choose to cancel your booking and not accept a substitute Emirates Dubai Experience, you can submit a claim for a refund within 30 days of the date of offer of the substitute Emirates Dubai Experience and we will refund any payments made by you within 45 days of such claim being received.

• 7.1.1 We shall not be liable for any changes to or cancellation of an Emirates Dubai Experience due to events beyond our control. Examples of events beyond our control include, but are not limited to war or threat of war, riot or civil disturbance, political unrest, terrorist activity or threatened terrorist activity, industrial disputes or threatened industrial disputes, strikes, fire, floods and other natural disasters, nuclear disasters, adverse weather conditions, acts of God, acts of government, closure of airports, failure of a carrier, a hotelier or other person to operate services for any reason.
  
  
• 7.1.2 We may cancel a booking at any time when necessary because of events beyond our control, or an over booking which arises from the default or omission on the part of any person such as a hotelier providing any services comprised in the booking. We will inform you of any such event as soon as practicable, and at its discretion refund monies paid or, where practicable, offer you a comparative alternative Emirates Dubai Experience for any booking, so cancelled. We will be under no further liability to you whatsoever in such circumstances.

• 8.1 If You Have A Complaint:
• 8.1.1 We are committed to offering our valued customers the highest standard of product and consistent service delivery. You must inform the local Emirates representative and the supplier of the concerned service (e.g. the hotel or excursion operator) immediately of any failure to perform or improper performance of the travel services included in your booking. [Contact details of the local Emirates representative is in your Booking Confirmation].
  
  
• 8.1.2 Where the services forming part of your booking are being supplied by providers of accommodation, car rental companies, tour operators, catering and other parties, these businesses should follow local applicable standards in performing their services.
  
  
• 8.1.3 If the problem is not resolved to your satisfaction any further complaint should be made to us, no later than 30 days after the fulfillment of your Emirates Dubai Experience, in writing: Customer Relations, Emirates Dubai Experiences, P. O. Box 7631, Dubai, United Arab Emirates or by filing a complaint online on our website. If you booked your experience through a travel agent, you should address your complaint to your travel agent. Please provide as much information as possible, including your Emirates Dubai Experience booking reference and holiday dates where applicable.
  
  
• 8.1.4 If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your holiday and this may affect your rights under this Contract.
  
  
• 8.1.5 It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our local representative/agent without delay and complete any available report form whilst in resort (if applicable).

• 8.2 Our Liability to you:
• 8.2.1 Our obligation is to take reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with the Contract.
  
  
• 8.2.2 The Company is not itself a provider of accommodation, ground services, tours or other activities nor does it control the third parties who provide such services in connection with your Emirates Dubai Experience. Your booking will be serviced by providers of accommodation, tours and/or attractions, car rental companies, catering and other parties who have their own booking conditions and terms of business and over whom we may have no direct control. Any vouchers/tickets issued in respect of your Emirates Dubai Experience are furnished and issued subject in all respects to any and all terms and conditions of such persons who provide the accommodation, tours, attractions, car rentals, catering or other element of the Emirates Dubai Experience to you. Such booking conditions may also strictly limit the circumstances in which compensation is payable to you by them, and you agree to be bound by their booking conditions. Such booking conditions are available from us upon request.
  
  
• 8.2.3 We do not accept liability for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable; or (iii) events beyond our control (as defined in clause 7.1.1).
  
  
• 8.2.4 Except in the cases of death or injury caused by our negligence, our liability is limited to a maximum of the booking price attributable to the person affected. This maximum applies where you prove that no benefit or enjoyment has been obtained. In all other circumstances, we agree to pay compensation that is reasonable and proportionate for the reduction in value of your booking and any loss of enjoyment you prove subject to the above maximum.
  
  
• 8.2.5 Where services or properties are not featured in our brochures or other literature or on our website or purchased from us, we will not be liable for any claims that such services or properties booked at your express request do not satisfy your expectations.
  
  
• 8.2.6 Air, sea, rail and road transport is subject to various International Conventions that limit the liability of the carriers. International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and in respect of hotels, the Paris Convention 1962. The carriage by air of passengers and their baggage is in addition subject to the Conditions of Carriage of Emirates airline (please refer to the Conditions of Carriage for Passengers and Baggage, available on www.emirates.com). Where any claim or part of any claim (including for death or personal injury) concerns or is based on any of such travel arrangements (including the process of getting on and/or off the transport concerned where applicable) provided by any air, rail or road carrier, or by any hotel-keeper, the maximum amount of compensation to which you may be entitled may be limited.
  
  
• 8.2.7 We will not accept responsibility for services or facilities which do not form part of our Contract with you, such as any excursion you book whilst you are away, or any service or facility which your hotel or other supplier agrees to provide to you. Such arrangements do not form part of your Contract with us. We have no involvement in such activities or excursions and they are not run, supervised or controlled in any way by us. They are provided by local operators and other providers who are completely independent from us and in relation to whom we have no liability.
  
  
• 8.2.8 Save as set out above, and as is detailed elsewhere in the Contract, we shall have no legal liability whatsoever to you for any loss or damage.

• If any of the provisions of these Conditions are deemed to be void, invalid, or unenforceable, that provision will be severed from the remainder of these Conditions so as not to cause the invalidity or unenforceability of the remainder of the Conditions. All remaining provisions of these Conditions shall continue to remain in effect and in full force. If any of the provisions of these Conditions is deemed to be invalid due to its scope or breadth, such provisions will be deemed valid to the extent of the scope and breadth permitted by applicable law.