Applicability
This User Agreement along with Terms of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of Flight Path Travel. (“FLP”).
Any person (“User”) who inquiries about or purchases any products or services of Flight path travel through its websites, salespersons, offices, call centre, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
Both User and Flight path travel are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
“Terms of Service” available on Flight path travel’s website details out terms & conditions applicable on various services or products facilitated by Flight path travel. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
Eligibility to Use
The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Flight path travel. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.
Before using the Website, approaching any Sales Channels or procuring the services of Flight path travel, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with Flight path travel. If the User does not agree with any part of this Agreement, then the User must not avail Flight path travel’s services and must not access or approach the Sales Channels of Flight path travel.
All rights and liabilities of the User and Flight path travel with respect to any services or product facilitated by Flight path travel shall be restricted to the scope of this User Agreement
Content
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content (“Content”), are registered by Flight path travel and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by Flight path travel which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of Flight path travel, as may be applicable. Flight path travel does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of the applicable law.
Flight path travel respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information.
Website
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
FLP will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website, or any other Sales Channel is done entirely at the User’s own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information
FLP reserves the right to periodically make improvements or changes in its website at any time without any prior notice to the User.
Limited Liability of FLP
Unless FLP explicitly acts as a reseller in certain scenarios, FLP always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants etc. (collectively referred to as “Service Providers”). FLP’s liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. FLP will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Unless explicitly committed by FLP as a part of any product or service:
By making a booking, User understands FLP merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not FLP. Thus the ultimate contract of service is between User and Service Provider. User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. FLP, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.
User's Responsibility
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through FLP. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an “as is” and “as available” basis. FLP may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. FLP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from FLP or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes FLP’s representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
Security and Account Related Information
While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify FLP immediately in writing of any unauthorized use of their password or account or any other breach of security. FLP will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else’s account at any time.
User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.
FLP keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., FLP may at times verify certain information of its Users like their credit score, as and when required.
Additionally, FLP may share your Personal Information in an anonymised and/ or aggregated form with a third party that FLP may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.
FLP adopts the best industry standard to secure the information as provided by the User. However, FLP cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.
The data of the User as available with FLP may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
Fees and Payment
In addition to the cost of booking as charged by the Service Providers, FLP reserves the right to charge certain fees in the nature of convenience fees or service fees. FLP further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, FLP shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to FLP. In cases where the short charge is claimed prior to the utilization of the booking, FLP will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by FLP on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, FLP will process the refund of the booking amount paid by the User and intimate the User about the same. FLP is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and FLP as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
The User agrees and understands that all payments shall only be made to bank accounts of FLP. FLP or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of FLP. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by FLP or to any personal account of any person, FLP shall not be held liable for the same. User shall not hold any right to recover from FLP any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of FLP. The User shall immediately inform FLP if such details are demanded by any of its agents’ employees or representatives. FLP shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User through FLP are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Usage of the Mobile Number, Communication Details of the User by FLP
FLP will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.
FLP may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by FLP are:
The User will indemnify FLP against all types of losses and damages incurred by FLP due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on FLP with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Insurance
Unless explicitly provided by FLP in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case FLP shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by FLP shall be as per the terms and conditions of the third-party insurance company. FLP merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. FLP shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
TCS COMPLIANCE:
TCS on Overseas tour packages
Overseas tour package’ means any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto.
Specified Person’ means a person defined as per provisions of Section 206CCA (3) of Income Tax Act, 1961.
The User is liable to pay Tax collected at source (TCS) on booking of an ‘Overseas tour package’ at an appropriate rate over and above the price charged for such package in compliance with the provisions of Section 206C (1G) (b) of the Income Tax Act, 1961. FLP will deposit the TCS amount so collected with the Government and issue appropriate document/certificate to the User in compliance with aforesaid provision.
The User is required to provide a valid PAN of User/Traveler(s) at the time of booking an overseas tour package with FLP. The User understands and agrees that FLP, at the time of booking or at a later stage, will validate the PAN provided by the User to check compliance of provisions of Section 206CC of Income Tax Act. The User agree that in case the PAN is found to be invalid, or it does not belong to User/traveller(s), FLP has an obligation to cancel the booking in compliance with the law and process the refund as per the cancellation policy applicable to said booking.
The User further understand and agrees that FLP would also, at the time of booking or at a later stage, validate User/traveller(s) PAN as per the provisions of Section 206CCA of Income Tax Act and if on validation the User qualifies as a ‘Specified person’, the User agrees to pay TCS to FLP at such higher rate as may be applicable under section 206CCA. The User agrees to pay the additional TCS amount to FLP where, as a result of validation under section 206CCA, the TCS collected at the time of booking fall short of the applicable rate of TCS. If User fails or disagree to pay the additional TCS, FLP has the right to cancel the booking and process appropriate refund as per the cancellation policy applicable to such booking.
Compliance Of Liberalized Remittance Scheme (LRS)
The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveller will be shared by the User on or before the cut-off date prescribed by FLP either at the time of booking or after the booking is made. In case the traveller is a minor, FLP will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.
The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, FLP has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.
The User authorizes FLP to retrieve User’s/ traveller’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.
The User understands FLP does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.
The User authorizes FLP to share User/traveller data with third party(ies) for collecting or verifying PAN details of User/traveller.
Obligation To Obtain Visa
International bookings made through FLP are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.
FLP is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of FLP for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
Force Majeure
There can be exceptional circumstances where FLP and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of FLP. If FLP has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that FLP being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, FLP’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge FLP from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall FLP and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
Advertisers On FLP, And Linked Websites
The Website may contain links to third party websites. FLP does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and FLP shall assume no liability for the same.
FLP is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
FLP does not endorse any advertisers on its website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of FLP and hence FLP is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. FLP is providing these links to the Users only as a convenience.
Right To Refusal By End Service Provider
User agrees that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through FLP with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of FLP and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not FLP.
Right To Cancel
The User expressly undertakes to provide FLP with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from FLP.
In case FLP discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travellers is not correct or that any fact has been misrepresented by that User, FLP shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, FLP shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches FLP to cancel any booking, FLP will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold FLP responsible for any loss or damage arising out of measures taken by FLP for safeguarding its own interest and that of its genuine customers. This would also include FLP denying or cancelling any bookings on account of suspected fraud transactions.
Fake Calls And Other Similar Phishing, Spamming Or Fraudulent Activities
FLP’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
Acting on any of these requests may make you a victim of fraud and may potentially lead to loss of your valuable money or information.
Indemnification
The User agrees to indemnify, defend and hold harmless FLP, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and FLP cannot be held responsible for the same.
Covid-19 Related Terms & Conditions
User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:
In such cases FLP will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by FLP to the User subject to receipt of the same from the end service provider.
User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveller will have to follow in order to undertake the travel.
The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, FLP will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.
User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.
User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in an applicable format.
Miscellaneous
SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this User Agreement shall continue to be in full force and effect.
JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.
AMENDMENT TO THE USER AGREEMENT: FLP reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
CONFIDENTIALITY: Any information which is specifically mentioned by FLP as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: FLP would like to know the feedback of the Users for improving its services. The User hereby authorizes FLP to contact the User for their feedback on various services offered by FLP. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time.
PRIVACY POLICY: User shall also refer to FLP’s Privacy Policy available on FLP’s website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by FLP and its affiliates in accordance with the terms of the Privacy Policy.
TERMS OF SERVICE:
FLIGHT TICKETS
Terms Of The Airlines
The airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.
FLP merely acts as a facilitator to enable the User to book a flight ticket. The contract of service for utilization of the flight is always between the User and the concerned airline.
Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to FLP. As a facilitator FLP has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight.
Different tickets on the same airline may carry different restrictions or include different services and price.
The baggage allowance on given fare is as per the terms decided by the airline, and FLP has no role to play in the same. Some of the fares shown in the booking flow are “hand baggage fares” which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. The User is advised to contact the airlines for detailed costs.
Code Share
Some airlines enter into “code share” agreements with other Airlines. This means that on certain routes, the airline carrier selling or marketing the flight ticker does not fly its own aircraft to that destination. Instead, it contracts or partners with another airline to fly to that destination. The partner airline is listed as “operated by” in the booking flow.
If your flight is a code share, it will be disclosed to you in the booking process and prior to payment.
FLP will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to FLP in the first place.
Travel Documents
It shall be the sole responsibility of the User to ensure they are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel. User agrees that in case of inability to travel for not carrying valid travel documents, FLP shall in no way be held liable.
User understands that the information (if any) provided by FLP regarding the travel documents is only advisory in nature and can’t be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit.
Check-In Terms
User should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights.
User should carry valid identification proofs, passport, age proofs as may be required to prove the identity, nationality and age of the passengers travelling on a ticket, including infants.
Use Of Flight Segments
In the event User does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario FLP has no control in the said process nor will be obligated to provide alternate bookings to the User. The cancellation penalty in such an event shall be as per the applicable airline rules.
Changes To Existing Booking
Any changes that are made to any existing booking shall be subject to certain charges levied by the respective airline, apart from the service fee charged by FLP.
The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline’s policy and fare class, charges for changes or modifications to existing bookings may vary.
Refund
Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to FLP receiving the same from the airlines. However, the convenience fee paid to FLP paid at the time of booking is a non-refundable fee.
All cancellations made directly with the airline need to be intimated to FLP, in order to initiate the process of refund. The processing time for refunds may vary depending on the mode of payment, bank etc. The refund shall be processed after deducting the FLP service fee which is independent of the convenience fee as mentioned above.
The refund will be credited to the same account from which the payment was made. For example, if the User used a credit card, FLP will make an appropriate charge reversal to the same credit card; likewise, if the User used a debit card, FLP will credit the money to the same debit card.
In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.
VISA SERVICES:
Role Of FLP And Limitation Of Liability
FLP solely acts as a facilitator for visa processing and is not responsible for grant or rejection of User(s) visa in any manner whatsoever. Issuance of visa is a sole decision of concerned Embassy.
Services offered by FLP should not be considered or construed as Visa advisory or consultancy in any manner as it acts on the instruction of the User. User understands that he is solely liable to understand the requirement of Visa to undertake his travel booked for the desired destination country/Countries and then instruct FLP accordingly to initiate the Visa application process.
FLP role is limited to informing the User about the documentary requirements for applying for a visa of a specific country or jurisdiction, collecting those documents as provided by the User, and submitting those documents to the respective embassy or high commission. Such requirements for making a visa application (including, but not limited to, documentation, fees and time frames) are provided by FLP on the basis of the information provided by the respective embassy or high commission. FLP cannot and will not advise on the merit, completeness, or the suitability of the documents, or the likelihood of approval or rejection of the visa being applied for.
FLP may also inform the average time taken for the processing of a visa application by the respective embassy or high commission. However, it is User’s responsibility to approach FLP for application of Visa in a time bound manner so as to secure Visa prior to the date of departure.
Each country has varying requirements for passport and visa. For instance, certain nations require a minimum number of blank pages in succession or certain minimum balance period of validity of the passport. These requirements are established by those respective countries and are subject to change without notice. While FLP will make best efforts to ensure that its User(s) are given, correct and updated information, there may be instances where the requisite information is not made available to FLP, as a result of which FLP may not be able to provide the same to its customers. In such cases, FLP will not be held responsible for any inaccuracy in such information.
The approval or rejection of visa is at the sole discretion of the respective embassy or the high commission to which the visa application is submitted. FLP has no role in either assessing or processing the visa application. Such approval or rejection depends on a lot of factors, such as the information provided by User, current or previous nationality, and place of application of visa, residence, gender, age, profession, recent travel and religion.
On the User’s behalf, the concerned consulate, embassy or high commission, may call the User for a face to face interview, at its sole discretion. FLP shall have no role to play in this process. FLP will however inform the User about the date, time and any other requirements as communicated by the concerned Embassy or High Commission for the interview.
FLP may also appoint third party vendors for the visa application process for different countries. Such third-party vendors will be responsible for applying for the visa of customers for the respective countries they have been appointed for.
For visa applications where submission of passports is required, FLP shall take all necessary steps to ensure that the passport is safely delivered to the User. However, FLP shall not be held liable if the passport is lost in transit or misplaced by the logistics service provider.
The countries for which the visa application services are being offered is mentioned in the visa section of the desktop site and the mobile app. The list of countries is subject to change at the discretion of FLP.
FLP shall not be held liable for the acts and omissions of any consulate, embassy, authorities in delaying or not issuing the visa for any reason whatsoever. FLP also cannot be held liable for any incidental cost/expenses in connection thereto incurred by the User. In certain instances, even when a visa is issued, the User may be denied entry as it is the local immigration authorities which have a final say on entry decision.
In addition to Visa certain countries may require additional conditions to be fulfilled. For example, an “OK TO BOARD” approval may be required for User(s) travelling to Dubai. User understands that it is the complete discretion of the concerned Airline/ department to grant or reject “ok to board” and FLP has no role to play in this regard. FLP merely acts as a facilitator between the User and the concerned department/ Airlines for application of OK TO BOARD. User(s) are required to provide valid communication details (mobile number/ email id) at the time of applying for the Visa / OK TO BOARD services, as these will be the only point of contact for timely update on the status of User Visa / OK TO BOARD application by FLP.
Responsibilities Of The Users
By engaging FLP to facilitate the process of visa application, User authorizes FLP to file necessary visa application along with visa fees, embassy charges on his/ her behalf to concerned embassy.
The User undertakes to provide the documents required for the processing of the visa, promptly to FLP. The User further undertakes that the documents submitted are genuine and further the information provided by the customer is true and correct. FLP shall bear no responsibility to verify the genuineness of the documents, or the information provided.
User(s) are also required to provide to FLP all necessary and correct information, to allow FLP to submit application for visa processing. Such information may include, but is not limited to, the Username, address, contact details, holiday destination, and any other information which FLP considers necessary for the purpose of processing the User’s visa application.
Once FLP returns passport and documents of a User to him/her, it is their responsibility to check that all requisite visas have been obtained and details mentioned therein are correct and matches to their travel itinerary. User shall also check his/her personal details mentioned on the visa issued.
In case of rejection, if User wishes to reapply/appeal against rejection of the visa, FLP shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process along with service fee to FLP. Unless otherwise applied by the User, FLP will not initiate reapplication of any visa application.
In certain cases, the third-party vendor appointed by FLP may refuse to submit the User’s visa application basis the credentials of a User, which may be decided on the basis of the documents submitted by the User. This will be done only in cases where the vendor is of the opinion that there exists a substantial risk of the visa being rejected. In such cases, if certain additional documents are required, the same will be informed to the User, and the application would be submitted only if such additional documents are submitted and are found to be in order. However, if the application is not submitted by the vendor, the visa fee shall be refunded but the service fee of FLP shall remain non-refundable.
Payments And Other Charges
FLP will charge the User a service fee towards the cost of providing the services of submitting the application on the User’s behalf to concerned embassy. This service fee is in addition to the visa fees, embassy charges and other similar fees by whatever name called or as prescribed by the respective embassy. User shall pay such service fee to FLP at the time of engaging FLP to provide the visa related services. FLP will not be liable to refund the service fees for any reason what-so-ever, even if the User ultimately decides not to submit the visa application, or if the visa application gets rejected.
In addition to the aforesaid service fees, any charges for logistics, i.e. pick up of documents, collection of passports, courier charges etc. or any other cost incurred by FLP beyond its regular scope of work shall be separately payable to FLP by the User.
Embassy fees, taxes, other charges which are not there under the control of FLP are subject to changes made by embassies or government authorities without prior notice to FLP, and FLP cannot be held liable for this. Such fees, taxes and other charges are not refundable after the visa application is submitted to the respective embassy. The aforesaid is as per the guidelines of the respective embassy, and FLP has no control over the same.
OUTBOUND AND DOMESTIC TOURS:
Definitions
“Independent Contractors” means hotelier or hotel owner, owner of any airlines or shipping company or railway ferryboat owner, coach owner, or any other person or organization which has been selected to render services to the User.
“Outbound Tour” means a tour operated by FLP outside of India and includes, but is not limited to, brochure tours, special tours, packages, cruise, sightseeing, carnival, cosmos, star cruise etc.
“Tour Cost” means total booking cost of all the services booked by the User for his outbound tour.
“Booking Fees” means a non-refundable fee or token money deposited at the time of booking by the User.
“Brochure” means catalogue, leaflet, e-mail or any other document containing the details about the itinerary and activities on an outbound tour.
“Infant” means a person below the age of 2 years and child means a person above the age of 2 years and below the age of 12 years.
Role Of FLP And Limitation Of Liability
FLP does not control or operate any airline, shipping company, coach, hotel, transport vehicles, restaurant, kitchen caravan or any other facility or service mentioned in the Brochure.
FLP shall not be responsible for any delay, improper service, standard of service provided by any service provider or any Independent Contractor, or for any injury, death, loss or damage which is caused by the act or default of any hotel, airlines, shipping companies, cruise, coach owners, tour operators who are FLP’s independent contractors.
FLP shall not be responsible for any act or actions of co-travelers, co-passengers which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided on the outbound tour.
FLP being merely a facilitator, shall not be liable for the following:
In no event shall the entire liability of FLP for any claims directly and indirectly arising out of the tour exceed the total booking amount paid by the User.
There can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If FLP is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its User or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that FLP being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds. The maximum liability of FLP in such events will be to refund the booking amount subject to receipt from the service providers.
Brochure
All information given in the Brochure is based on the information available at the time of publication. FLP reserves the right to change any information contained in the Brochure before or after booking the outbound tour due to any event(s) beyond the control of FLP.
In case FLP becomes aware of any change before the departure for an Outbound Tour, FLP will take all reasonable steps to notify the User before the departure for that Outbound Tour. In the event of FLP becoming aware of the changes post the departure for the Outbound Tour, the FLP tour manager or local representative will inform the User about the change.
The prices quoted in the brochure will be calculated at the rate prevailing at the time of printing of the brochure. FLP reserves the right to amend the prices published in the brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/ or fuel costs, special/ high season charge levied by the suppliers, hike in the airline/ rail charges before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before the departure by the User.
Apart from the instant Terms of Service and the User Agreement, some specific terms and conditions are mentioned against the respective Outbound Tour in the Website as well as email communication and confirmed booking vouchers. Those terms and conditions also form part of the FLP User Agreement & Terms Of Service and are to be read in consonance with each other.
No claim of the User against any change in the Brochure regarding the Outbound Tour shall be entertained if such changes are due to reasons beyond the control of FLP.
Meals And Special Requests
The menus are pre-set for meals on the Outbound Tour. The nature of meals is clearly indicated in the Brochure. FLP would not entertain a request for a special meal nor guarantees a special diet to the User except to the extent mentioned in the brochure.
FLP reserves the right to change the menu if circumstances necessitate such a change. In the event that the User is not able to avail the meals in the menu for any reason, no claim can be made for the unutilized meal against FLP.
User acknowledges that hotels worldwide serve breakfast at different (local) time or time as specified in the confirmed booking voucher. User understands that Hotels do not pack or room deliver breakfast. The meal has to be consumed when served. If the User misses breakfast due to any reason, no claim for the same shall be entertained.
FLP may, in its sole discretion, entertain the requests for special meals, room allocations subject to such requests being honored by respective service providers. FLP would take all the necessary steps to ensure that these special requests are honored. However, in the event that such special requests are not honored, FLP would not be liable for any claim in this regard by the User. Extra cost, if any, for special meals or any such special requests have to be borne by the User.
User shall bear the additional charges of any special meal if purchased by him/ her and shall not be entitled to recover the same from FLP.
If the User fails to avail the meal due to the fault of FLP, then FLP’s liability is limited to proportionate amount that the User had paid FLP for the meal while booking the outbound tour.
Hotels In The Outbound Tour
FLP takes all reasonable steps at the time of selecting the hotels that form a part of the Outbound Tour. The selection is based on an internal assessment of the respective hotels and such hotels selected are usually the best in the respective categories. FLP endeavors to provide details of the hotel to the User in advance vide proposed itinerary. However, FLP reserves the right to change hotels before booking, subject to availability or any other reason beyond its control.
Once the User opts for a certain category or star rating of a hotel, later no claim or dispute with regard to the star category or type of the hotel shall be entertained by FLP.
FLP would not be held liable or to make good any inconvenience or discomfort caused to the User due to but not limited to the insufficient services provided at the hotel. FLP acts as a facilitator between the User and the hotel and would under no circumstances be held responsible for inadequate services provided by the hotel.
The User would be liable to make good any damage(s) caused by any act of him/her or their accompanying guests to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. FLP would not, in any way, intervene in the same.
No request for the change of hotel shall be entertained after the booking is confirmed. If User upgrades the hotel or changes the hotel on his own, he/she agrees to bear the charges incurred for change in the hotel and shall not be entitled to claim it from FLP.
User shall be responsible for his/ her baggage and valuables. FLP shall not be liable for any loss of baggage or theft of User’s articles during their stay in the hotels or any time during the tour.
Itinerary
FLP will provide a proposed itinerary to the User before the booking. Such proposed itinerary shall be subject to changes. The confirmed booking details and hotel vouchers sent to the User before departure and after payment of entire booking amount shall be final.
The Outbound Tour price is subject to increase without any prior notice if this rate substantially changes prior to departure, then the User would be required to pay such incremental tour cost before the departure.
The days and nights of the itinerary are decided as per the availability of hotels and airlines. No claims regarding full utilization of last day or inclusion in the tour shall be valid.
FLP takes all reasonable steps at the time of finalizing the itinerary for the User to ensure that the itinerary is as per the convenience and comfort of the User. However, in the event of a change in the itinerary, FLP would inform the User accordingly before the departure of the User on the Outbound Tour.
Further, in the event of any change beyond the control of FLP in the itinerary of the User post departure for outbound tour, FLP shall inform the User accordingly as and when such a change occurs. FLP shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.
FLP reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.
FLP reserves the right to amend, alter, vary or withdraw any particular departure, excursion or substitute a hotel of similar category, or any other aspect of the itinerary, if deemed advisable or necessary.
In the event that the User misses out on any activity on the outbound tour due to delay on his part, FLP would not be held liable to refund the money paid for the same.
FLP will not entertain any change in the itinerary at the request of the User after booking, as such change might disarray the entire tour. However, FLP may, in its sole discretion and subject to availability, provide changes in the itinerary made at the request of the User. User agrees to pay additional cost incurred due to such change/cancellation.
Coach And Sitting
On the Outbound Tours, coaches are used for transfer purposes including local sightseeing. There are no seat numbers allocated and the Users shall follow instructions of the Tour Manager in this regard.
In case the User is carrying any valuable personal belongings, it is advisable not to leave them behind at the time of disembarking or leaving the coach. FLP will not be held responsible or liable in case of loss of such items from the coach. All baggage and personal effects are at all times and in all circumstances the responsibility of the User.
Any damage caused to the coach during travel as a consequence of the actions of the User shall be payable by the User and FLP would in no manner whatsoever be liable for the same.
The drivers of the coaches are bound by specific rules like maximum driving hours within a day/ during a week, rest period per day/ week etc. Users will have to strictly adhere to the prescribed timetable for the day so that the driver can complete the travel. In the event that any of the sightseeing schedules is missed due to delays caused by the User, the cost of same will not be refunded to the User under any circumstances.
In the event of breakdown of any coach or any vehicle arranged for transportation, FLP will provide an alternative within reasonable time. FLP shall not be liable for any delays occurred due to such breakdown or traffic jam or for any reasons causing delay in the provision of alternative coach or vehicle.
Tipping
Tipping is customary (unless otherwise stated in the brochure) in all parts of the world for services rendered (e.g., porters, coach drivers, guides etc.). This is however solely at the discretion of the User.
Tipping in Europe is something that is expected of anyone providing you a service, for example, local guides, waiters, tour manager, porter etc. However, it is mandatory to tip the coach driver a nominal amount of 2 Euros for Europe and UK and 2 Dollars for USA per person per day for the duration of the tour.
Currency And Travellers Cheques
It is recommended that the User carries money partly in local currency (i.e., in the currency of the country where he/she is traveling), partly in traveller’s cheques or travel currency card. Traveler’s cheque is a safe way to carry money as they are easily cashable for a small service fee charged by the bank and can be replaced if they are stolen or lost, provided you have the traveller’s cheque numbers and the counterfoil.
Alternatively, the User can carry a travel currency card, which is by far the safest way to carry foreign currency and provides 24*7 access to cash at relevant ATMs.
Accommodation For Child Below 12 Year Of Age
If a child below 12 years of age is booked on the outbound tour without paying for a separate bed, then no separate bed will be provided in the hotel.
Bookings Through Third Party/ Travel Agents
In case where a travel agent through whom the Users have booked the Outbound Tour, signs the booking form for and on behalf of the User, it shall be deemed and construed that the Users have duly authorized the said travel agent to sign on their behalf. The signing of the booking form by the travel agent would be binding on the User.
If the User books with a travel agent, the contract is with the User’s travel agent and FLP is a supplier to the User’s travel agent.
Correct information of the contact details of the User shall be provided at the time of booking. FLP takes no responsibility for any claims arising out of non-receipt of information if the specified contact number is not reachable or does not belong to the User.
FLP takes no liability for any promises made to the User by any other travel agent authorized by the User to make bookings. All products and services are provided as per FLP Broachers, or any other document provided to the User at the time of booking the tour.
In case of bookings through other travel agents, refunds (if any) will be made to the travel agent authorized by the User to make bookings.
Forfeiture Of Deposits
FLP may require the User to pay non-refundable interest-free booking fee at the time of booking the tour.
In the event that the User cancels the booking or fails to adhere to the tour payment schedule as informed in the documentation check list or in the event that the visa of the destination country is not granted or the User is unable to travel on the tour booked due to any personal reason, including medical ground or sickness, cancellation charges will apply as communicated to the User by FLP.
User acknowledges that booking of air tickets, hotels for a tour is done parallel to visa processing to ensure the availability as per the proposed itinerary. In the event of any denial or rejection of visa, FLP shall be entitled to recover any cost incurred in making such bookings by way of deducting cancellation charges as specified hereinabove. User acknowledges that such charges are just and fair and are deducted towards expenses that FLP incurs towards making bookings at the request of the User and consequent cancellation or non-travel by the User.
Cancellation Due To Visa Rejection
All the Users traveling on an outbound tour must be in possession of a valid visa (including transit Visa) to enter all the countries in which the Users intends to visit or pass through as a part of the outbound tour.
User(s) whose visas are not granted by the concerned consulates, must intimate FLP immediately about such rejection. FLP will deduct applicable cancellation charges in addition to any additional visa expenses incurred and refund balance amount if any.
In case of rejection, if User wishes to reapply/appeal against rejection of the visa, FLP shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process along with service fee to FLP. Unless otherwise applied by the User, FLP will not initiate reapplication of any visa application.
Cancellation Charges
If the Outbound Tour is cancelled for any reason what-so-ever, including cases of visa rejection or voluntary cancellation by the User the cancellation charges as mentioned in the brochure or the itinerary will apply. In the absence of any such information, the following cancellation charges will apply:
|
Time period in which the cancellation is made |
Charges |
|
45 days or more, prior to departure |
Booking fees |
|
Between 44 and 31 days of departure |
25% of Tour Cost |
|
Between 30 and 15 days of departure |
50% of Tour Cost |
|
Between 14 and 8 days of departure |
75% of Tour Cost |
|
Within 7days prior to date of departure, or no-show for any reason what-so-ever |
100% of Tour Cost |
Within 7days prior to date of departure, or no-show for any reason what-so-ever 100% of Tour Cost
Payment Of The Tour Cost
Payment shall be made as per the payment schedule provided on the brochure, Email or any other documented information as informed at the time of booking.
Payment can be made either online or by way of DD/cheque as specified to the User.
Payment can be made either in INR or any other foreign exchange/currency (as FLP depends on various out bound service providers/ Independent contractors for the purpose of planning the OBT) as specified in the brochure or any other documented information provided at the time of booking.
If any cheque towards the payment is dishonoured, FLP, without notice to the User, shall be entitled to cancel the entire booking without any liability and take recourse to appropriate legal remedy.
Final documents and airline tickets will be shared with the User only after the balance payment is made to FLP by the User. PAN Card copy will be required when payments amounting to Rs.25,000/- or above are made by cash.
For purpose of computing the cost of tour or refund, the foreign exchange components of the outbound tour will be calculated at the prevailing day’s rate of exchange. And any increase or decrease in the rate of exchange may cause the cost of tour/ refund amount to change and the User shall be bound to bear any such changes.
FLP is not obligated in any circumstance to provide break–up of the invoice for each of the service included in the package.
Refunds
FLP is only a facilitator and any refund for any service(s) which are not delivered by the service provider /Independent Contractors or for any reason for which the User is entitled for a refund is subject to FLP receiving the amount from the said service provider. User acknowledges that FLP shall not be held liable for any delay in refund or non-refund of the amount from the respective service provider or Independent Contractors of FLP. In such events the User shall directly approach the service provider for any claims.
In case the User makes any changes in their accommodation while on the Outbound Tour, FLP shall not refund or pay compensation in any manner whatsoever. The User would also be liable to pay any additional sum that is required to be paid consequent to the aforesaid changes made in the accommodation.
In the event of any delay in the refund beyond the period specified herein, the entire liability of FLP shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.
Amendments
In the event of FLP amends or alters any tour or holiday after such a tour or holiday has been booked, the User shall have the option to continue with the tour or holiday as amended/ altered, or to accept any alternative tour or holiday which FLP may offer.
In either of these cases above, the User shall not be entitled to nor FLP be liable to the User for any damage, additional expenses or consequential loss suffered by the User. FLP’s liability in such cases shall be only to refund the amount of the cost of the said tour to the User (after deducting the actual expenses incurred by FLP for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.
Promotion & Discounts
FLP may, from time to time, launch some promotions and discount offers on the tour package internally or externally through advertisements and some Users in the group tour might receive additional benefits due to entitlement to such promotion and discounts. No claims from Users in the group for such privileges shall lie if they are not entitled for the discounts or eligible under the promotion.
In case of publication of any travel scheme offering any discount or benefit by FLP, FLP shall have the sole right to withdraw such a scheme or discount at any time.
Tour Arrangements & Other Activities
For tour arrangements like carnival, cosmos, star cruise, amusement parks, museums etc., the terms and conditions specified by such respective entities shall also be applicable.
It shall be the responsibility of the User to reach the place of commencement of the tour and register with the representative of FLP/ tour guide/ tour manager at the appointed place, date and time.
If a User avails pre-tour services or part thereof, or the air tickets (cost of which is included in the main tour cost) but fails to join the group for the main tour at the appointed place, or cancels the tour after using the air tickets or pre-tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.
FLP cannot be held liable for any hazard to the health, safety and well-being of the User in the course of availing any or all activities including adventure sports, Amusement Park & rides, ferry ride, sightseeing or any other activity that may pose a threat of death or injury taken up by the User as a part of the OBT or on his own while on the OBT. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User attributable to FLP.
Miscellaneous
FLP reserves the right to withdraw tour membership of any User whose behaviour is deemed likely to affect the smooth operation of the outbound tour or adversely affect the enjoyment or safety of other passengers. FLP shall not be liable for any damages due to such withdrawal.
It is a mandatory condition of booking that the User purchases a holiday insurance.
A transfer from one tour to another prior to the departure of the originally booked tour will be treated as a cancellation of the original tour and would attract the cancellation charges as stated hereunder and a fresh booking would have to be made at the prevalent rates.
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