Terms and Conditions

Introduction

"Lost Mountains" is a Saudi registered trademark with a number owned by the Lost Mountains Adventure Tourism organization, registered under the commercial register number and licensed by the Ministry of Tourism with license number . We provide services for organizing programs and tourist trips, which customers can access through our website, lostmountains.sa, or any other channels provided by us, such as the smartphone application or social media platforms.

Our Lost Mountains team aims to provide tourist and entertainment services of the highest standards and in accordance with industry norms to ensure service quality and customer safety.

We strive to utilize the latest technologies on our platform to make your experience easy and seamless.

We offer all our services to platform users according to the following terms and conditions:

First: Definitions

Second: Legal Scope of Our Services
Third: Eligibility to Join the Agreement
Fourth: Consent
Fifth: General Terms for Platform Account Registration
Sixth: General Terms for Verifying the Platform Account
Seventh: Terms and Conditions for the Customer
Eighth: Cancellation and Refund Policy
Ninth: Confidentiality of Information
Tenth: Correspondence
Eleventh: Intellectual Property Rights
Twelfth: Disclaimer
Thirteenth:Media Release and Usage Rights Clause
Fourthyeenth:Legal Jurisdiction and Competent Courts

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First: Definitions

The following terms and phrases have the meanings indicated below unless the context requires otherwise:

"Lost Mountains," "the Platform," "the Website," "we," "the speaker's pronoun," or "the addressee's pronoun" refer to the website "Lost Mountains" lostmountains.sa and all its subdomains from time to time, whether registered on a public or local domain, as well as the "Lost Mountains" smartphone application and the Lost Mountains Adventure Tourism organization in the Kingdom of Saudi Arabia, or any subsidiary, affiliate, or controlled entity of it, or controlled by it, or that replaces it in whole or in part in owning or operating them.

"User," "you," or "the addressee's pronoun" refers to anyone who visits or uses the platform in any way, whether a service provider, a customer, or otherwise, whether registered with us on the platform or just a visitor.

"Customer" refers to any natural or legal person who uses the platform for the purpose of benefiting from the services provided by service providers through the Lost Mountains platform. This includes anyone who has communicated with the service provider to inquire about these services and anyone who has placed orders to purchase them through the platform.

"Services" refer to any of the services or products offered and available for sale or rent through the platform, including, but not limited to, tourist and entertainment services, trips, and activities.

"Booking/Purchase" refers to the request submitted by the customer to book or purchase one or more of the services offered by any of the service providers registered on the platform, following communication with the service provider and agreement on all service details and its provision.

"Policies" refer to the policies issued by the Lost Mountains platform that regulate one or more aspects of the businesses or services provided by the platform and any amendments to these policies from time to time.

"Account" refers to the account allocated by Lost Mountains to its users, whether they are service providers or customers, for the purpose of enabling the mentioned user to use the features and services provided by the platform.

"Intellectual Property Rights" refer to any intellectual property rights (such as copyrights, trademarks, patents, industrial designs) established under the laws of any country or the provisions of any international agreement.

"Listing Data" refers to the data and information provided by Lost Mountains regarding the services offered or advertised through the Lost Mountains platform. This may include, among other things, the name, address, contact information, type of service, location of service delivery, service times, execution and delivery mechanisms, prices, all features and characteristics, and the service provider's trademark, among other data that identifies the service provider.

"Platform Rating" refers to the rating granted by the platform to the service provider based on the criteria and standards and the platform's rating policy for this purpose.

"Customer Rating" refers to the rating that the customer adds to the service provider after the services have been executed, which includes comments and opinions of the customer.

"Agreement" refers to this document, including its terms and conditions, as well as all the policies made available by Lost Mountains through the platform, whether they are general policies for all our services or specific policies for certain services, in addition to any special agreements made between the platform on the one hand and any of its users on the other hand, including all contracts that are currently or may be signed in the future regarding the regulation of the use of any of the platform services.

Secondly: Legal Scope of Our Services

(1) All users acknowledge and agree that Lost Mountains is a provider of tourist and entertainment services and products for customers who wish to avail themselves of them.

(3) The Lost Mountains platform does not constitute a provider of informational content; the content available through the platform is specific to the services it offers.

(4) Any content provided by the Lost Mountains platform is intended for informational and advertising purposes.

(5) You explicitly absolve the platform from any errors, whether deliberate or unintentional, that may occur from Lost Mountains, customers, or any platform users.

(6) Lost Mountains seeks to improve the quality of services provided through the platform by reviewing added services before publishing them on the platform and verifying their legality and compliance with the mentioned description. However, this does not imply any warranties from the platform regarding the quality of services and the display data available through the platform.

Thirdly: Eligibility to Join the Agreement

(1) The user must be 18 years of age or older to enter into this agreement. The user must also have full legal capacity and not be restricted or incapacitated for any reason that impairs their will.

(2) If the user is under 18 years of age, they must join this agreement through their guardian or legal representative with their consent.

(3) Lost Mountains reserves the right to cancel the membership of any user or block their access to the platform if we discover that they do not meet the eligibility criteria.

Fourthly: Consent

(1) The presence of any person on the site or the use of any benefits, services, or advantages provided by the site, or the opening of an account with the site, constitutes acceptance of these terms and conditions, as well as a declaration by that person to the platform and all users that they meet the necessary conditions for being a "user."

(2) Your use of the platform or registration of your account with us constitutes an electronic signature on this agreement, replacing your handwritten signature, and you may not exempt yourself from the obligations that arise from this agreement.

Fifthly: General Terms for Registering an Account on the Platform

(1) Each user (customer) must register with us using only one account. Registering with more than one account without our permission is prohibited. In the event of the user's account being deleted for any reason, they must obtain our permission before registering a new account with us.

(2) The user (customer) must provide accurate, truthful, up-to-date, and lawful information when registering. If the information is found to be inaccurate, Lost Mountains has the right to deactivate the user or cancel the account at any time.

(3) The user (customer) agrees not to create any fake accounts or use fake names other than their personal or authorized business name.

(4) The user (customer) agrees not to provide false, incomplete, or misleading information for any purpose, including identification or contact information.

(5) Lost Mountains has the right to request any documentary evidence from the user (customer) to verify their information and identity.

(6) The user acknowledges that the "account" granted to them on the site is based on personal consideration and can only be used by the user themselves or by someone authorized to use it. It cannot be transferred (sold) or rented to others, and the user is legally responsible for all content posted on the site and all actions and correspondence conducted through their account.

(7) The user (customer) authorizes the platform to verify the accuracy of their personal data such as (name, national ID number, contact information, bank account number) or the verification of their business data such as (company name/organization, commercial registry, registration status) with official or private entities responsible for issuing or maintaining this data. This clause does not impose any legal obligation on the platform to inquire about all registered users. In any case, the platform does not provide any guarantees that the account holder is the person they claim to be.

(8) Lost Mountains has the right to delete any user (customer) without prior notice for any reason it deems worthy of deletion, without the need to mention the reasons for deleting the user's membership.

(9) Lost Mountains has the right to take legal action against any user (customer) who uses the site for illegal or unethical purposes.

Sixthly: General Terms for Documenting the Account on the Platform

(1) Lost Mountains has the right to request any supporting documents it deems appropriate for this request, and it has the right to refuse documentation if these documents are not provided.

(2) Lost Mountains has the right to refuse to document the account without any reason.

(3) Documenting the account on the Lost Mountains platform means verifying the data and documents provided by the user (customer, service provider). The platform exercises due diligence in verifying this information and documents. Therefore, the platform is not responsible in case this information is false, inaccurate, or forged. In any case, the Lost Mountains platform is not a verifying or documenting authority.

(4) Documenting the account on the Lost Mountains platform does not give the user any credit from the platform, and it does not constitute a guarantee regarding the services provided by the service provider, their quality, or legality. It also does not constitute a guarantee regarding the customer and the seriousness of their service requests.

Seventh: Client Terms and Conditions

(1) Terms specific to the registration of the client's account

1. The client acknowledges that they are 18 years of age or older, and they have full eligibility when using the site and registering on it. They are not restricted or ineligible for any reason, such as bankruptcy or insolvency, and they are legally and systematically qualified to enter into sales contracts and undertake all obligations stipulated in the contracts they are a party to.

2. The user must provide us with their account registration data, which may include, but is not limited to, their name, email address, mobile number, and country, and any other data required in the registration form.

(2) Terms specific to documenting the client's account

To gain the trust of the service provider, it is preferable for you to document your account. The platform allows you to submit a documentation request through your account and submit the necessary documents such as an ID or passport for documentation. The request is approved after being reviewed by Lost Mountains management.

(3) Terms of Service Usage

1- The platform allows customers to search, compare between services and offers, and choose what suits their preferences, complete the booking process, and make payments through the platform.

2- The customer must read all the service information, terms of use, booking conditions, and cancellation terms before completing the payment, and the website will not be responsible for any misunderstanding or choices made by the customer in any case.

3- The customer has the right to enjoy the service as described, at the chosen time, and report any manipulation or deception if detected. The platform will verify the accuracy of the report and take appropriate action.

4- The customer has the right to seek clarification from Lost Mountains about any unclear or ambiguous terms or descriptions to ensure a clear understanding of all contract conditions.

5- The customer must review the policies of Lost Mountains and its partner service providers, respect these policies, and follow the regulations and laws in their country, as well as any guidelines or instructions provided by the service provider, whether orally or in writing, before contracting for the service.

6- The customer is responsible for any additional guests added to the booking by them, if any, and thus, they are fully responsible for all their personal actions and any damages they may cause to Lost Mountains, service providers, or the platform. The customer is obligated to compensate for any unlawful actions committed by them.

7- The customer must maintain the place, facilities, or tools used in the same condition as when received, and in the event of causing any damages, the customer is responsible for the cost of repairing the damage or replacing what has been damaged with an equivalent or better item. In case of non-payment of the costs, the service provider or Lost Mountains, or both, have the right to file a legal claim to recover these costs or other damages resulting from delays in execution.

8- The customer bears any financial penalties resulting from any damages caused by the customer or their companions to Lost Mountains or any other party working with them to provide the service.

9- The customer is responsible for safeguarding their valuable possessions, and in case of loss, they are not entitled to claim any compensation from Lost Mountains or any other party, such as service providers working with them.

10- The customer is responsible for any arrangements made with any third party or service provider directly outside the platform. The customer acknowledges and agrees that Lost Mountains is not responsible for any damages incurred.

11- The customer must comply with all applicable regulations and laws, as well as respect the places they enter and all instructions related to entering or staying in those places, including any inspection or baggage check procedures, among other things.

(4) Pricing and Insurance Policy

1- The customer has the right to benefit from the services at the price offered during the booking or purchase, and they have the right to report to Lost Mountains if the price is changed from the one they booked or purchased.

2- The website automatically displays the lowest price for the service, and the price may vary on some dates from the price displayed on the interface or in search results, depending on the selected date. The available price on the service page will be adopted.

3- Lost Mountains has the right to request financial guarantees or insurance before starting to provide the service while allowing the customer to recover these amounts upon completion of the service. Service providers or Lost Mountains have the right to deduct any financial penalties due from the customer for any reasons related to violating the terms of service or causing damage to facilities, equipment, or tools associated with providing this service.

 

(5) Booking Policy

1- Before the customer makes a booking for any service, they must read all its details, terms, and prices and make sure it is available at the time of the request.

2- The customer should pay attention to the fees and additional charges associated with booking any "service," such as service fees, taxes, or any value added to the service or additional services added to it.

3- When the customer makes a service booking, this does not confirm the booking unless the payment process is successfully completed through Lost Mountains, and the booking will only be confirmed after verification.

4- The platform imposes fees on the booking process called "booking fees," and Lost Mountains has the right to change the booking fees at any time without prior notice.

5- Cancellation and refund are subject to the cancellation and refund policy outlined in the Terms and Conditions document (Section Nine).

(6) Payment Policy

1- The platform provides customers with multiple payment methods, allowing customers to pay through the payment options provided by the platform.

2- The customer's payment for a booking or service request does not confirm the booking until the request is accepted and confirmed by Lost Mountains.

3- All customer payment information is not stored or saved in the website's files or payment gateway files.

4- The platform does not bear any legal responsibility in case the customer experiences any hacking or unlawful activities on the payment accounts they use. It is the customer's responsibility to secure payments and the devices they use adequately. The platform also does not bear any legal responsibility in case of payment errors, so the customer must review all payment details before confirming the payment.

5- The customer acknowledges and agrees that Lost Mountains has the right to change or update the payment policy at any time. The platform also has the right to change some or all of the payment methods available through the platform. Some payment methods may be available to some users and not available to others for various reasons.

(7) Customer Ratings Policy

1- The customer has the right to rate the service they have used through the platform, and this rating is allowed for each service only once.

2- The customer's rating should be objective and related to the service. The customer is allowed to write any comments without using any unethical or inappropriate language, violating Islamic law, or violating customs. The customer's rating should not involve any defamation or harm to any party.

3- Customer ratings are validated after verification by the platform's management, and these ratings remain on the service provider's page and are not removed. Therefore, service providers should ensure they receive the best ratings from their customers. The customer's rating should reflect the service accurately so as not to mislead other customers.

4- The customer commits not to misuse or attempt to manipulate the customer rating system and rating procedures provided by the platform, or manipulate it in any way, including providing inaccurate data or deliberately voting multiple times for one or more accounts or users, either positively or negatively.

5- The customer commits not to harm other services provided by other service providers or make comparisons that could harm the services of our platform or any other websites or applications. The customer should not make any comparisons that could harm the services of registered service providers with us and other service providers.

6- The customer commits not to use the rating service for promotional content or publishing contact information for any reason.

7- In all cases, the customer is fully responsible for any damages caused by the rating they added through the platform. The affected party has the right to file legal claims against the customer and obtain appropriate compensation.

8- In any case, Lost Mountains has the right to delete any rating that does not comply with our terms and conditions or conflicts with any applicable laws.

Eighth: Cancellation and Refund Policy

1. Lost Mountains provides a clear and non-misleading cancellation and refund policy for customers and announces this policy on each service page, with a commitment to make this policy compliant with applicable regulations.

2. If the customer agrees to perform the service without agreeing to the cancellation or refund policy, the laws governing e-commerce and consumer protection will apply in this case.

Refunds for reasons attributed to the customer:

1- The customer is responsible for the transfer fees to their account in case the refund is due to reasons attributed to the customer, in accordance with the cancellation and refund policy for the trip.

2- Full refunds are provided to customers in cases where cancellations are due to weather conditions or any circumstances beyond control that prevent the trip from taking place.

3- In all cases, funds will be returned to the customer within a maximum period of 15 working days from the date of accepting the refund request or booking cancellation, or any other period required for processing payments. The customer has the option to either add the funds to their electronic wallet on the platform immediately or request a refund to the same payment method used for payment.

4- If the customer chooses to have the funds added to their electronic wallet on the platform, they cannot request a refund to another payment method.

5- All funds in the electronic wallet cannot be exchanged for cash and are valid for use to purchase services on the platform for a period of six months from the date they are added to the wallet. After that, any balance not used for more than six months will be deleted, and the customer cannot claim it in cash or be compensated for it in any way.

Refund for Service Provider-Related Reasons:

1- In case the cancellation is attributed to the service provider, the service provider bears the refund fees, such as transferring from the payment gateway or transferring to the customer's account, with a deduction of the booking fees.

2- The service provider must refund the recovered amounts to the customers to the platform's account within seven days from the date of cancellation.

3- In all cases, whether the refund is initiated by the customer or the service provider, the booking fees are non-refundable.

4- In all cases, the platform does not bear any transfer fees for refunding customer payments from the service provider.

5- Some activities are weather-dependent, and if the order is canceled due to adverse weather conditions on the same day of service delivery or after arriving at the service location, the refund includes the value of programs and services that were not executed only. Programs or services that have been executed will not be eligible for a refund to avoid harming the service providers.

Ninth: Confidentiality of Information

(1) The data of all users (including service providers) and the data of the services offered or completed sales, and other data and comments that appear on the "website" or through or about any "account" owned by the platform (such as display data, contact data "phone numbers - email - Facebook accounts - addresses, prices, name, commercial registration, registration status, national ID number, and bank account information) are the property of the platform. The platform has the freedom to deal with this data for the purposes of providing our services, marketing, or promoting them. We may also provide some or all of this data to third parties to assist in providing our services. Entering into this agreement constitutes explicit consent to dealing with your data.

(2) The user acknowledges that the "website" is not responsible for the data or information appearing on the pages and websites referred to by this "website," and what is mentioned is not subject to its control, endorsement, or guarantee. The owner or creator of those pages or websites bears all that is mentioned.

(3) Users must maintain the confidentiality of platform information and all transactions carried out through it. Any user is prohibited from using any data in which the platform is a party for the purpose of damaging us or our services or disclosing their confidentiality.

(4) Lost Mountains may share some customer information required by government authorities and service providers, such as name, email, and contact number, for the purpose of executing reservations. The platform does not bear any responsibility if this information is shared with any other party by any other party for any reason.

Tenth: Correspondence

(1) All correspondence and notifications sent by the platform to any user at the user's specified address or the email address provided by the user, or through the messaging feature provided by open accounts on the "platform," or via text messages, are valid and have their intended effects. It is considered that the user has received these correspondences and has reviewed them as soon as they are sent.

(2) Any message or correspondence sent to the platform through email or to an address other than the specified address will not be considered valid, even if the platform confirms receipt or responds to it.

Eleventh: Intellectual Property Rights

(1) The platform, including its website, smartphone application, all their elements, and the ideas expressed within them, are intellectual property rights owned by Lost Mountains. This includes all (software, text, images, videos, graphics, information, data, databases, tables, service listings, prices, service content, symbols, numbers, letters, etc.). Lost Mountains has the right to defend its intellectual property rights against all parties in the event of any infringement, in any form.

(2) "Lost Mountains" and "lostmountains," along with all other service marks, are our trademarks and service marks. You are not allowed to imitate, copy, modify, or use them in any traditional or digital manner without our consent. In case of any infringement on any of our trademarks or service marks, the platform reserves the right to defend its rights to these trademarks and service marks before all relevant authorities.

Twelfth: Disclaimer

We appreciate your trust in Lost Mountains for organizing trips and tourist services that we provide.

- Some of the trips we offer to our customers involve adventure and risk. We provide these tourist trips based on the client's request and desire. The client and/or affiliated individuals participate in the adventure themselves, or the service is provided to them by other parties contracted with the organization. In all cases, the client absolves us from responsibility for:

  - The trips they choose, the nature of their activities, trip details, duration, devices, tools, and equipment used during the trip, service providers, and expected and unexpected risks during the journey.

  - All medical consequences that may arise from participating in adventures. The client must be physically fit and have no health or medical obstacles. The organization and the entities responsible for organizing the adventure are not responsible for assessing the client's or their affiliated individuals' health status or suitability for the adventure. The client should consult with their personal physician before embarking on the adventure.

  - All risks of injury, death, direct or indirect physical, mental, or psychological illnesses resulting directly or indirectly from the trips and adventures they undertake.

  - All trip results and the level of success achievable on the trip. The results of trips and adventures depend on personal experience and individual motivations. Therefore, results may vary from one client to another.

  - Cancellation of trips for reasons beyond our control, such as force majeure events, weather conditions, failure to obtain required approvals, equipment malfunctions, public events, security or health considerations, or any other circumstances beyond our control.

  - Violation of the trip's regulations, failure to comply with instructions, committing any violations of the trip's regulations, instructions, or any applicable laws. Also, if there is any disruption to the trip's schedule, late arrivals or departures from any part of the trip that may result in completing the trip without the client or any of their companions.

  - Loss, damage, or theft of any luggage or personal belongings during the trip. We do not accept any legal claims or compensation related to this.

- This disclaimer applies to clients and all individuals, whether contracted or not, their dependents, heirs, all individuals, entities, and third parties.

- The client acknowledges that their agreement to this document is made of their own free will without any pressure or coercion from the organization. The client bears all legal consequences arising from it. In addition, the terms and conditions and privacy policy apply.

(1) Lost Mountains services are provided as is, without any warranties of any kind regarding the platform's services or the content available through it. You accept our services as they are.

(2) Our platform's services are internet-based, and therefore, we do not guarantee that our services will work fully around the clock. Service disruptions may occur from time to time. Despite taking all security measures, online services are generally vulnerable to hacking and other illegal activities. Therefore, you exempt us from any liability arising from this.

(3) The platform waives its legal responsibility for any damages suffered by the client while using the services. Lost Mountains does not provide any type of insurance or compensation to the client for any damages that may affect them or their companions.

Thirteenth: Thirteenth:Media Release and Usage Rights Clause

1. **Media Capture Acknowledgement:** By participating in activities organized by Lost Mountains Adventures, participants acknowledge that our company may capture photographs and video recordings during the trip.

2. **Privacy Consideration:** We ensure that all media captured will be respectful of participants' privacy. Photographs and videos will not focus directly on individuals' faces unless consent is explicitly provided.

3. **Use of Media:** Lost Mountains Adventures retains the right to use any photographs or video recordings for promotional, advertising, or any other purposes related to our business activities. This includes, but is not limited to, use on social media platforms, company advertisements, and company profiles.

4. **No Compensation Obligation:** Participants acknowledge that they are not entitled to any compensation, monetary or otherwise, for the use of photographs or videos in which they may appear.

 

5. **Release of Claims:** By agreeing to this clause, participants waive

 

Fourthteenth:Legal Jurisdiction and Competent Courts

The interpretation and implementation of this agreement are subject to the regulations in force in the Kingdom of Saudi Arabia. The Saudi judiciary has jurisdiction over any dispute arising from the interpretation or implementation of any of the terms and conditions of this agreement.