Agreement Between User and FLYUSHA
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 FLYUSHA Vacations Private Limited ("FLYUSHA").
Any person ("User") who inquiries about or purchases any products or services of FLYUSHA through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of FLYUSHA are collectively referred to as 'Website'.
Both User and FLYUSHA are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
"Terms of Service" available on FLYUSHA's website details out terms & conditions applicable on various services or products facilitated by FLYUSHA. 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 atleast 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 FLYUSHA. 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 FLYUSHA, 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 FLYUSHA. If the User does not agree with any part of this Agreement, then the User must not avail FLYUSHA's services and must not access or approach the Sales Channels of FLYUSHA.
All rights and liabilities of the User and FLYUSHA with respect to any services or product facilitated by FLYUSHA shall be restricted to the scope of this User Agreement.
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 FLYUSHA 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 FLYUSHA 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 FLYUSHA, as may be applicable. FLYUSHA 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.
FLYUSHA 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;
Clear identification of such copyrighted work that you claim has been infringed;
Location of the material on the Website, including but not limited to the link of the infringing material;
The proof that the alleged copyrighted work is owned by you;
3.5. The aforesaid notices can be sent to FLYUSHA by email at firstname.lastname@example.org
The Website is meant to be used by bonafide User(s) for a lawful use.
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.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to FLYUSHA is true and accurate.
FLYUSHA reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
FLYUSHA 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.
FLYUSHA reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to. On receiving such report, FLYUSHA reserves the right to investigate and/or take such action as the Company may deem appropriate.
BOOKINGS BY TRAVEL AGENTS
Except with the prior registration with FLYUSHA as B2B agents, priority partner or a franchisee, and explicit permission of FLYUSHA to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, FLYUSHA reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. FLYUSHA shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of FLYUSHA for legitimate bookings.
LIMITED LIABILITY OF FLYUSHA
Unless FLYUSHA explicitly acts as a reseller in certain scenarios, FLYUSHA always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as "Service Providers"). FLYUSHA'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. FLYUSHA 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 FLYUSHA as a part of any product or service:
FLYUSHA assumes no liability for the standard of services as provided by the respective Service Providers.
FLYUSHA provides no guarantee with regard to their quality or fitness as represented.
FLYUSHA doesn't guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands FLYUSHA merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not FLYUSHA. Thus the ultimate contract of service is between User and Service Provider.
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 warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction.
The services are provided on an "as is" and "as available" basis. FLYUSHA may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. FLYUSHA 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 FLYUSHA 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 FLYUSHA'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 FLYUSHA immediately in writing of any unauthorized use of their password or account or any other breach of security. FLYUSHA 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.
FLYUSHA 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., FLYUSHA may at times verify certain information of its Users like their credit score, as and when required.
FLYUSHA adopts the best industry standard to secure the information as provided by the User. However, FLYUSHA 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 FLYUSHA 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, FLYUSHA reserves the right to charge certain fees in the nature of convenience fees or service fees. FLYUSHA 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, FLYUSHA shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to FLYUSHA. In cases where the short charge is claimed prior to the utilization of the booking, FLYUSHA 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 FLYUSHA 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, FLYUSHA will process the refund of the booking amount paid by the User and intimate the User about the same. FLYUSHA 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 FLYUSHA 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 FLYUSHA. FLYUSHA 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 FLYUSHA. 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 FLYUSHA or to any personal account of any person, FLYUSHA shall not be held liable for the same. User shall not hold any right to recover from FLYUSHA 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 FLYUSHA. The User shall immediately inform FLYUSHA if such details are demanded by any of its agents' employees or representatives. FLYUSHA 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 FLYUSHA 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 FLYUSHA
FLYUSHA 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.
FLYUSHA 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 FLYUSHA are:
upon the request and authorization of the User;
'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify FLYUSHA against all types of losses and damages incurred by FLYUSHA 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 FLYUSHA 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.
Unless explicitly provided by FLYUSHA in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case FLYUSHA shall accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service or product by FLYUSHA shall be as per the terms and conditions of the third-party insurance company. FLYUSHA 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. FLYUSHA shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
OBLIGATION TO OBTAIN VISA
International bookings made through FLYUSHA 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.
FLYUSHA 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 FLYUSHA for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
There can be exceptional circumstances where FLYUSHA and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of FLYUSHA. If FLYUSHA has advance knowledge of any such situations where dishonor 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 FLYUSHA 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, FLYUSHA obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge FLYUSHA from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall FLYUSHA 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 FLYUSHA, AND LINKED WEBSITES
The Website may contain links to third party websites. FLYUSHA 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 FLYUSHA shall assume no liability for the same.
FLYUSHA 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.
FLYUSHA 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 FLYUSHA and hence FLYUSHA 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. FLYUSHA is providing these links to the Users only as a convenience.
RIGHT TO REFUSE
FLYUSHA at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
FLYUSHA will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to FLYUSHA under this User Agreement or under applicable law, FLYUSHA may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
The User is in breach of this User Agreement; or
FLYUSHA is unable to verify or authenticate any information provided by the User; or
FLYUSHA believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of FLYUSHA, or FLYUSHA itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with FLYUSHA with different credentials, or use the Website in any manner whatsoever until such User is reinstated by FLYUSHA. FLYUSHA may at any time in its sole discretion reinstate suspended users.
If a User breaches this User Agreement, FLYUSHA reserves the right to recover any amounts due to be paid by the User to FLYUSHA, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to FLYUSHA which is, or communicate with FLYUSHA using language or content which is:
abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
contrary to any applicable law;
violates third parties' intellectual property rights;
in breach of any other part of these terms and conditions of use.
If the User violates any of the aforesaid terms, FLYUSHA shall be at liberty to take appropriate legal action against the User.
RIGHT TO CANCEL
The User expressly undertakes to provide FLYUSHA 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 FLYUSHA.
In case FLYUSHA 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 travelers is not correct or that any fact has been misrepresented by that User, FLYUSHA 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, FLYUSHA 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 FLYUSHA to cancel any booking, FLYUSHA will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold FLYUSHA responsible for any loss or damage arising out of measures taken by FLYUSHA for safeguarding its own interest and that of its genuine customers. This would also include FLYUSHA denying or cancelling any bookings on account of suspected fraud transactions.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
FLYUSHA 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.
If you are ever asked for any of the aforesaid information, please report it immediately on Support@flyusha.in.
The User agrees to indemnify, defend and hold harmless FLYUSHA, 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 FLYUSHA cannot be held responsible for the same.
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: FLYUSHA 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 FLYUSHA 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: FLYUSHA would like to know the feedback of the Users for improving its services. The User hereby authorizes FLYUSHA to contact the User for their feedback on various services offered by FLYUSHA. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to FLYUSHA for specific exclusion at Support@flyusha.in.
TERMS OF SERVICE
Click on the links below for details :
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.
FLYUSHA 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 FLYUSHA. As a facilitator FLYUSHA 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 FLYUSHA 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.
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.
FLYUSHA will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to FLYUSHA in the first place.
The total price displayed on the Website on the payment page usually includes base fare, applicable government taxes and convenience fee. Users are required to pay the entire amount prior to the confirmation of their booking(s). In the event the User does not pay the entire amount, FLYUSHA reserves its right to cancel the booking. User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel.
To avail infant fares, the age of the child must be under 24 months throughout the entire itinerary. This includes both onward and return journeys. If the infant is 24 months or above on the return journey, User will be required to make a separate booking using a child fare. Any infants or children must be accompanied by an adult as per the terms of the airlines.
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, FLYUSHA shall in no way be held liable.
User understands that the information (if any) provided by FLYUSHA 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.
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 FLYUSHA 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 FLYUSHA.
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.
Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to FLYUSHA receiving the same from the airlines. However, the convenience fee paid to FLYUSHA paid at the time of booking is a non-refundable fee.
All cancellations made directly with the airline need to be intimated to FLYUSHA, 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 FLYUSHA 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, FLYUSHA will make an appropriate charge reversal to the same credit card; like-wise if the User used a debit card, FLYUSHA 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.
ROLE OF FLYUSHA AND LIMITATION OF LIABILITY OF FLYUSHA
FLYUSHA acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context includes all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.
All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to FLYUSHA. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. FLYUSHA will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
INFORMATION FROM THE HOTEL AND THE TERMS OF THE HOTEL
The hotel booking voucher which FLYUSHA issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can FLYUSHA be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of FLYUSHA in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of FLYUSHA (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.
Hotels reserves the sole right of admission and FLYUSHA has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. FLYUSHA will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of FLYUSHA. No refund would be applicable in case the hotel denies check-in under such circumstances.
RESPONSIBILITIES OF THE USER
The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) 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. FLYUSHA would not, in any way, intervene in the same.
The primary guest must be at least 18 years old to be able to check into the hotel.
The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel may charge an additional fee for providing such services.
ADDITIONAL CHARGES BY THE HOTEL
The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.
Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. FLYUSHA will have no control over waiving the same.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
Booking of a hotel can either be "Prepaid", or "Pay at hotel" as per the options made available by a hotel on the Website of FLYUSHA.
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by FLYUSHA.
At the hotel's or FLYUSHA sole discretion on case to case basis, the User may also be provided with an option to make a part payment to FLYUSHA at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide FLYUSHA with correct credit or debit card details. FLYUSHA may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
For security purposes, the User must provide FLYUSHA with correct credit or debit card details. FLYUSHA may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.
Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by FLYUSHA and solely at the behest of the Hotel.
In "Pay at hotel" model, the concerned hotel will collect the entire payment against the booking at the time of check-in. In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the hotel. For security purposes, the User must provide FLYUSHA with correct credit or debit card details. FLYUSHA may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
ROLE OF FLYUSHA
FLYUSHA only provides a technology platform that connects intending travelers with bus operators. It doesn't operate any bus or offer the service of transportation to the User. FLYUSHA also doesn't act as an agent of any bus operator in the process of providing the above-mentioned technology platform services.
The bus ticket booking voucher which FLYUSHA issues to a User is solely based on the information provided or updated by the bus operator regarding the seat availability.
The amenities, services, routes, fares, schedule, bus type, seat availability and any other details pertaining to the bus service are provided by the respective bus operator and FLYUSHA has no control over such information provided by the bus operator.
LIMITATION OF LIABILITY OF FLYUSHA
In its role as a technology platform to facilitate transactions between the bus operators and the Users, FLYUSHA shall not be responsible for the operations of the bus operator including, but not limited to the following:
Timely departure or arrival of the bus;
The conduct of bus operator's employees, representatives or agents;
The condition of the bus, seats etc. not being up to the customer's expectation or as per the description provided by the bus operator;
Cancellation of the trip due to any reasons;
Loss or damage of the baggage of the customer;
The bus operator changing a customer's seat for any reason whatsoever;
Bus operator informing a wrong boarding point for the issuance of the booking confirmation voucher, or changing such boarding point eventually with or without any notification to FLYUSHA or the User;
Bus operator using a separate pick-up vehicle to transport the User from the designated boarding point to the actual place of departure of the bus.
RESPONSIBILITIES OF THE USERS
Users are advised to call the bus operator to find out the exact boarding point, or any information which they may need for the purpose of boarding or travel in that trip.
At the time of boarding the bus, Users shall furnish a copy of the ticket, and any valid identity proof like aadhar card, passport, PAN card or voter identification card or any other identity proof issued by a government authority.
Users are required to reach the boarding place atleast 30 minutes before the scheduled departure time.
All tickets issued shall be non-transferable.
User needs to compulsorily obtain a bus ticket at the regular fare in case a child above the age of 5 years is accompanied by them, unless otherwise a particular bus operator specifies otherwise in their terms and conditions.
CANCELLATION OF TICKET
Cancellation of tickets can be done either through the User's login in the FLYUSHA website or mobile application, or by calling on the customer care number;
Any cancellation is subject to such cancellation charges as mentioned on the ticket.
"Cab" as may be used in this document includes all categories of transport vehicles like sedans, hatchbacks, sport utility vehicles, multi utility vehicles, and any other vehicle meant for transporting passengers.
"Cab Operator" means all the cab operators providing their vehicles alongwith their drivers;
TYPES OF CAB BOOKINGS FACILITATED BY FLYUSHA
FLYUSHA provides following types of options to its User(s):
Outstation Cab: This enables User(s) to book vehicles operated by cab operators having All India Tourist Permit (AITP) vehicles and operating between two separate cities. On the basis of the demand/requirement of the User, FLYUSHA as a facilitator connects the User with the concerned cab operator.
Car Rental (intracity and intercity): This enables User to book vehicles operated by cab operators having AITP license on hire/rental basis. This service shall be provided for both intercity and intracity on exclusive basis by booking the entire Vehicle of the cab/taxi operators.
Airport Drop: This shall exclusively cater to the needs of User intending to travel from and to the Airport. The service provided is intracity in nature and shall not facilitate the User to book intercity Airport drops.
ROLE OF FLYUSHA AND LIMITATION OF LIABILITY
FLYUSHA does not operate cab services on its own. In order to provide a comprehensive choice of cab services, cab types and prices to User, it has tied up with many Cab Operators.
FLYUSHA acts only acts a facilitator between the Cab Operator and User. The transaction is always between the Cab Operator and the User.
It is the sole responsibility of the Cab Operator to ensure it has all the requisite licenses, approvals, insurance and permits from appropriate authorities required to undertake the travel booked. FLYUSHA gives no warranty or assurance in regard to requisite licenses, approvals, insurance and permits which the Cab Operator is supposed to obtain from appropriate authorities.
FLYUSHA shall not be responsible in any manner whatsoever for any claims with respect to the trip including without limitation, claims pertaining to timeliness, safety, continuity, uninterrupted travel, quality, conditions of vehicle or driving skill, the Cab not departing or reaching on time, behavior of the cab driver, interiors of the Cab, cancellation of the trip by the Cab Operator due to any reason whatsoever, the baggage of the User getting lost, stolen or damaged, the Cab Operator providing a different type of Cab to the User, the User waiting at the wrong boarding point, the User being dropped to nearest location by the driver of the Cab due to any unavoidable circumstances, or any act or omission of Cab Operator causing accident, loss of life to the User.
FLYUSHA will not be liable to User or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Cab Operator.
In case of break down or accident of Cab where Cab Operator has been unable to make alternative arrangement, FLYUSHA shall provide proportionate refund to User for uncovered distance. Any claims, liabilities or legal costs arising out of such event shall be borne by the Cab Operator.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
Booking of a Cab can either be "Prepaid", or "Part Payment" as per the options made available by the Cab operator on the Website of FLYUSHA.
In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the base fare, applicable taxes, and any additional booking fee, service or convenience fee charged by FLYUSHA.
In "Part Payment" model, the User is required to pay a specific percentage of the total booking amount at the time of making the booking and balance payment shall be made directly to the driver at the time of check-in.
Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User(s).
In case of Car Rental and Outstation Cab bookings, the booking amount paid does not include toll charges, interstate taxes, passenger taxes or any other applicable levies and the same shall be borne by the User.
Expenses like toll charges, permit charges, parking charges, entry fees, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User and paid directly to the driver.
The estimate cost provided at the time of booking is not to be construed as the final pricing for your trip unless specifically indicated. The final amount for your trip will be calculated based on actual usage (number of Kilometers and hours). Distance and time are calculated from garage to garage and not from the pick-up of the User for both within city and outside city trips.
The travel allowance wherever applicable has to be paid directly to the driver.
RESPONSIBILITIES OF THE USERS
The User must carry a valid photo-id proof during the trip and present the same to the Cab Operator or driver of the Cab before boarding the Cab. In the event of a mismatch in the identity of the User or traveler, the Cab Operator or the driver of the Cab may, at their discretion, deny boarding to such User.
Cab Operator is obligated to commence the trip as soon as the User boards the Cab. User shall report to FLYUSHA in case the driver denies to commence the trip for any reason whatsoever.
User shall board the Cab on or within such time as informed at the time of booking or provided in the booking voucher. In case the User fails to board the cab within the given timeline, Cab Operator will have the liberty to cancel the booking without informing the User.
User will not have any right, title or interest in the Cab provided for the given trip.
Once a Trip is booked by User, changes in departure time, boarding or dropping points are not permitted.
Any failure by User to board the Vehicle within the given timelines at the boarding point or trip commencement point, shall result in forfeiture of the total booking amount paid by the User without any refund rights.
User shall s and take breaks at specified places only. User shall avoid taking additional breaks except in case of emergency.
User shall be responsible and liable for their own safety and security of luggage. FLYUSHA shall not be responsible for any loss to User or their luggage in any event.
In the event of any dissatisfaction with any of the services provided by Cab Operator or FLYUSHA, the matter must be reported directly to Cab Operator or FLYUSHA, in order that appropriate action may be taken to remedy the problem.
The booking made by the User should be strictly for tourism purposes only.
The trip should be undertaken in the User's personal capacity and shall not be used for profit making in any commercial context.
DO's AND DON'Ts FOR THE USER
THE USER SHALL:
Arrive on time at the appointed pick up point as mutually agreed with Cab Operator;
Maintain and ensure good and humble conduct with Cab Operator during the trip and on failure to do so, Cab Operator may require such User to disembark the Cab;
Prior to commencement of trip, check and agree with Cab Operator on dimension/weight of the luggage that can be accommodated in the boot space of the Cab;
Check the starting time and the reading on the odometer at the start of the trip. Disputes regarding the same will not be acceptable after completion of journey.
THE USER SHALL NOT:
ask Cab Operator to violate any traffic rules, or the city police or government rules or other applicable laws for any reason whatsoever;
coerce Cab Operator to overload the boot space of the Vehicle with the User's luggage;
use services offered under this head for any purpose which is unlawful or illegal under the applicable laws;
insist on disembarking at any place expect the point of drop as provided by the User at the time of booking;
board the Cab if he/ she is intoxicated or under influence of any drug or similar abusive substances.
ROLE OF FLYUSHA
FLYUSHA only acts as a facilitator for booking of train tickets and provides intending travelers merely with a platform to search for desired train tickets to be booked through IRCTC. All bookings or train reservations made through FLYUSHA are subject to the applicable Terms & Conditions as set out by Indian Railways.
FLYUSHA has no control over the booking flow, scheduling/re-scheduling, cancellations, confirmation from RAC to confirmed, delays, meal and berth preferences or any other lack or deficiency of services. Liability, if any, for the above-said stands against the Indian Railways.
Change in boarding point and name of passenger are not supported by the Website. For complete information on ticket amendments please read https://www.services.irctc.co.in/beta_htmls/Eticket_new_cancel.html.
Train functionality on the Website will not be functional between 2345 hours to 0030 hours or as specified by IRCTC due to system downtime or any other reason beyond the control of FLYUSHA.
RESPONSIBILITIES OF THE USERS
At the stage of booking of e-tickets, customers will be automatically diverted to www.irctc.co.in website/app to input their IRCTC login credentials. Passengers are required to remember their IRCTC user name and password in order to book trains on FLYUSHA's Site.
E-tickets are booked and issued through Indian Railways only. Users can book a maximum of 6 seats/ berths in a booking. Seat/ berth allotment is done by Indian Railways based on their allocation logic. FLYUSHA does not guarantee allotment of preferred seat/ berth.
Only passengers with a confirmed e-ticket are permitted to board the train.
Passengers are required to carry valid ID Proofs at the time of travel or boarding the train.
Please visit including www.irctc.co.in or http://www.indianrail.gov.in for all relevant information/ queries pertaining to your bookings.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
FLYUSHA's service charges are non-refundable.
Bookings can only be cancelled through the app or the website; offline cancellations are not permitted.
The bookings made on FLYUSHA's Site are subject to cancellation policy and charges levied by the Indian Railways. It may vary depending on the cancellation time and booking quota (tatkal/ general/ ladies/ premium etc.).
Railways automatically cancel the fully waitlisted e-tickets after chart preparation. The refund in such cases gets automatically credited to your bank account used for booking such tickets after deduction of FLYUSHA's charges.
Railways may offer special concessions/ discounts for senior citizens, female passengers and children. The amount or extent of concession is not decided by FLYUSHA. All customers are advised to check latest railways policies for applicable discounts.
ACTIVITIES AND OTHER SERVICES
'Activity' includes day tours & sightseeing, spa & wellness, adventure sports, cruise, theme/ amusement parks, buffets & dining or any other service/product booked on the Website.
The provider of the Activity will be referred as 'Activity Provider', who shall be solely responsible for provision of the products/ services booked by the User.
ROLE OF FLYUSHA AND LIMITATION OF LIABILITY
FLYUSHA's role is limited to facilitating the procurement of an Activity service by the User from the Activity Provider. The transaction or the service fulfillment relation is always between the User and the Activity Provider
FLYUSHA shall not provide pick up and drop facility for any Activity unless otherwise explicitly mentioned in the confirmation of the reservation.
FLYUSHA shall not be liable or responsible for:
Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions not under the control of Activity Provider;
The health, safety and well-being of the User in the course of availing the Activity or thereafter;
Any incidental or ancillary services which is directly purchased by the User from the Activity Provider;
Any incorrect information provided by the Activity Provider.
The maximum liability of FLYUSHA will be limited to refund of booking amount which was received by FLYUSHA for reservation of the Activity.
RESPONSIBILITIES OF THE USERS
The User agrees to comply with the terms and conditions of Activity Provider in addition to FLYUSHA's User Agreement and Terms of Service.
The User will be required to present the booking / confirmation voucher issued by FLYUSHA in order to avail the Activity.
The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilize the Activity booked.
The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.
The User shall reach out to Activity Provider directly for any concerns subsequent to the confirmation of reservation.
The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time.
FLYUSHA may charge applicable taxes or service charge, convenience fees etc. wherever applicable.
SPECIAL OFFERS AND COUPONS
The following terms will additionally apply to any coupon provided by FLYUSHA:
FLYUSHA responsibility is limited to sharing the coupon with the User subject to receipt of payment from the User;
The redemption of coupon is User's responsibility, and providing the service will be the Activity Provider's responsibility;
The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
The coupon is not redeemable for cash;
The coupon once purchased cannot be refunded or cancelled.
ROLE OF FLYUSHA AND LIMITATION OF LIABILITY
FLYUSHA 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 FLYUSHA 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 FLYUSHA accordingly to initiate the Visa application process.
FLYUSHA 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 FLYUSHA on the basis of the information provided by the respective embassy or high-commission. FLYUSHA 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.
FLYUSHA 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 FLYUSHA 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 FLYUSHA 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 FLYUSHA, as a result of which FLYUSHA may not be able to provide the same to its customers. In such cases, FLYUSHA 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. FLYUSHA 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, 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. FLYUSHA shall have no role to play in this process. FLYUSHA 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.
FLYUSHA 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, FLYUSHA shall take all necessary steps to ensure that the passport is safely delivered to the User. However, FLYUSHA 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 desk site and the mobile app. The list of countries is subject to change at the discretion of FLYUSHA.
FLYUSHA 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. FLYUSHA 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 FLYUSHA has no role to play in this regard. FLYUSHA 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 FLYUSHA.
RESPONSIBILITIES OF THE USERS
By engaging FLYUSHA to facilitate the process of visa application, User authorizes FLYUSHA 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 FLYUSHA. The User further undertakes that the documents submitted are genuine and further the information provided by the customer is true and correct. FLYUSHA shall bear no responsibility to verify the genuineness of the documents or the information provided.
User(s) are also required to provide to FLYUSHA all necessary and correct information, to allow FLYUSHA to submit application for visa processing. Such information may include, but is not limited to, the User name, address, contact details, FLYUSHA destination, and any other information which FLYUSHA considers necessary for the purpose of processing the User's visa application.
Once FLYUSHA 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, FLYUSHA 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 FLYUSHA. Unless otherwise applied by the User, FLYUSHA will not initiate reapplication of any visa application.
In certain cases, the third-party vendor appointed by FLYUSHA 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 the 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 FLYUSHA shall remain nonrefundable.
PAYMENTS AND OTHER CHARGES
FLYUSHA 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 the such service fee to FLYUSHA at the time of engaging FLYUSHA to provide the visa related services. FLYUSHA 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 FLYUSHA beyond its regular scope of work shall be separately payable to FLYUSHA by the User.
Embassy fees, taxes, other charges which are not there under the control of FLYUSHA are subject to changes made by embassies or government authorities without prior notice to FLYUSHA, and FLYUSHA 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 FLYUSHA has no control over the same.
OUTBOUND AND DOMESTIC TOURS
"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 FLYUSHA 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 FLYUSHA AND LIMITATION OF LIABILITY
FLYUSHA 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.
FLYUSHA 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 FLYUSHA's independent contractors.
FLYUSHA 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.
FLYUSHA being merely a facilitator , shall not be liable for the following:
Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage or any kind of theft howsoever caused to the User or any person travelling with them.
Any act, omission, default of any travel agent or third party or any other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the User or for any person traveling with him /her.
The temporary or permanent loss of, or damage to, baggage or personal belongings howsoever caused including willful negligence on the part of any person.
Any delay made in delivery of the service by the concerned service providers.
Failure on the part of airline to accommodate passengers despite having confirmed tickets for any reason whatsoever including overbooking, change of route etc. or failure on part of hotel to allow check-in despite confirmed booking for whatever reason.
Any claims of any dispute with the tour manager.
Any claim arising due to delay at the airport and if the User has to wait at the airport or at the hotel for check-in due to any technical snag or any other reason not attributable to FLYUSHA, FLYUSHA shall not be liable for making any arrangements, including but not limited to food or any hotel arrangement in case of such delays.
Any damages caused to the User due to reasons beyond the control of FLYUSHA.
In no event shall the entire liability of FLYUSHA 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 honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If FLYUSHA is informed in advance of such situations where dishonor 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 FLYUSHA 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 FLYUSHA in such events will be to refund the booking amount subject to receipt from the service providers.
All information given in the Brochure is based on the information available at the time of publication. FLYUSHA 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 FLYUSHA.
In case FLYUSHA becomes aware of any change before the departure for an Outbound Tour, FLYUSHA will take all reasonable steps to notify the User before the departure for that Outbound Tour. In the event of FLYUSHA becoming aware of the changes post the departure for the Outbound Tour, the FLYUSHA 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. FLYUSHA 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 FLYUSHA 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 v.
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. FLYUSHA 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.
FLYUSHA 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 FLYUSHA.
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.
FLYUSHA may, in its sole discretion, entertain the requests for special meals, room allocations subject to such requests being honored by respective service providers. FLYUSHA 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, FLYUSHA 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 FLYUSHA.
If the User fails to avail the meal due to the fault of FLYUSHA, then FLYUSHA's liability is limited to proportionate amount that the User had paid FLYUSHA for the meal while booking the outbound tour.
HOTELS IN THE OUTBOUND TOUR
FLYUSHA 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. FLYUSHA endeavors to provide details of the hotel to the User in advance vide proposed itinerary. However, FLYUSHA 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 FLYUSHA.
FLYUSHA 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. FLYUSHA 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. FLYUSHA 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 FLYUSHA.
User shall be responsible for his/ her baggage and valuables. FLYUSHA 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.
FLYUSHA 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.
FLYUSHA 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, FLYUSHA 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 FLYUSHA in the itinerary of the User post departure for outbound tour, FLYUSHA shall inform the User accordingly as and when such a change occurs. FLYUSHA shall not be held responsible in any manner whatsoever for any loss that a User might suffer consequent to such a change.
FLYUSHA reserves the right to claim any additional expenses on account of delays or changes in the itinerary, caused by any reason whatsoever.
FLYUSHA 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, FLYUSHA would not be held liable to refund the money paid for the same.
FLYUSHA 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, FLYUSHA 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. FLYUSHA 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 FLYUSHA 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, FLYUSHA will provide an alternative within reasonable time. FLYUSHA 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 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 traveler'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 traveler'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 FLYUSHA 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. FLYUSHA 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.
FLYUSHA 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 FLYUSHA 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
FLYUSHA 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 FLYUSHA.
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, FLYUSHA 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 FLYUSHA 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 FLYUSHA immediately about such rejection. FLYUSHA 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, FLYUSHA 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 alongwith service fee to FLYUSHA. Unless otherwise applied by the User, FLYUSHA will not initiate reapplication of any visa application.
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
30 days or more prior to date of departure 25% of Tour Cost
Between 29 and 20 days of departure 50% of Tour Cost
19 days or less prior to date of departure 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 FLYUSHA 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 dishonored, FLYUSHA, 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 FLYUSHA 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.
FLYUSHA is not obligated in any circumstance to provide break–up of the invoice for each of the service included in the package.
FLYUSHA 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 FLYUSHA receiving the amount from the said service provider. User acknowledges that FLYUSHA 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 FLYUSHA. 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, FLYUSHA 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 FLYUSHA shall be refund of the said amount with interest calculated at the applicable bank rate till the date the refund is made.
In the event of FLYUSHA 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 FLYUSHA may offer.
In either of these cases above, the User shall not be entitled to nor FLYUSHA be liable to the User for any damage, additional expenses or consequential loss suffered by the User. FLYUSHA'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 FLYUSHA for the booking like visa, insurance premium, and other charges as applicable from case to case, without any interest on the same.
PROMOTION & DISCOUNTS
FLYUSHA 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 FLYUSHA, FLYUSHA 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 FLYUSHA/ 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.
FLYUSHA 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 FLYUSHA.
FLYUSHA reserves the right to withdraw tour membership of any User whose behavior is deemed likely to affect the smooth operation of the outbound tour or adversely affect the enjoyment or safety of other passengers. FLYUSHA 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.