Master User Agreement: Acceptance of Terms ~ |
1. This Unique Master
User Agreement constitutes a binding contract between you, the User, and
FutureMyTrip India Private Limited. with regard to the use of various services
that are provided by FutureMyTrip India Private Limited.
1.1 FutureMyTrip India Private Limited (“FutureMyTrip”), a company incorporated under the laws of India, with its principal office at Building No 59, Bahirsarbamangala Road, Burdwan - 713101, West Bengal, and registered office at Indira Nagar Postal Park Patna -800001 Bihar, provides various travel related services through its website (www.futuremytrip.com), retail outlets, mobile-cellular technology as well as through its Travel Care Centre.
1.2 FutureMyTrip shall provide you (“User”) tour and travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India (“Service/s”). These Services may be availed by the User in India at any time during the year as is offered by various third-party vendors /partner like airlines, hotels, etc. ("Service Providers").
1.3 This User Agreement (“Agreement”) is applicable to all FutureMyTrip Services. The User shall be required to read and accept the relevant terms and conditions of service (“TOS”) depending on the Services opted for by the User for each such Service along with this Agreement, which may be updated or modified by FutureMyTrip from time to time on regular interval. Such TOS shall be deemed to be a part of this Agreement and in the case of any dispute between such TOS and this Agreement, the terms of this Agreement shall prevail. Further, while availing the services from FutureMyTrip, the User agrees to be bound by the terms and conditions of the respective group entities/affiliates of FutureMyTrip including Indian Airways who are providing the services to the User. In event of any conflict between the TOS hereof and those on the website/micro website of the respective entities, the TOS of the respective entities shall prevail.
1.4 FutureMyTrip Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time on regular interval. In order to remove doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail FutureMyTrip Services.
1.5 Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each and every Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms, privacy, operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions mentioned in a Service Providers' fare rules, contract of carriage or house rules.
1.6 FutureMyTrip at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by FutureMyTrip is not complete until full money towards the service is received from the User and accepted by FutureMyTrip.
2. Modification of Terms
FutureMyTrip reserves the right to
modify the terms, conditions and notices under which the Services are offered
through the Website, including but not limited to the charges for the Services
provided through the Website. The User will be responsible for reviewing these
terms and conditions on regular basis.
3. Privacy Policy
The User hereby consents, expresses
and agrees that he has read and fully understands the Privacy Policy of
FutureMyTrip. The User also agrees that the terms and contents of such Privacy
Policy are acceptable to him/ her.
4. Limited User
4.1 The User agrees and undertakes solemnly
not to trade, sell, resell or exploit for any commercial purposes, any portion
of the Service. For the removal of doubt, it is clarified that FutureMyTrip
Services, including the use of the Website, is not for commercial use but is
specifically meant for personal use only.
4.2 The User further agrees and undertakes solemnly not to modify, reverse engineer, copy, display, distribute, transmit, reproduce, perform, publish, create derivative works from, transfer, license or sell any product, information, service or software, obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the FutureMyTrip 's name is stated as the source. For the removal of doubt, it is clarified that copying of the content, unlimited or wholesale reproduction for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is forbidden.
5. Third Party Account Information
5.1 By using FutureMyTrip’s website
and app, User allows FutureMyTrip and its agents to access third party sites,
including Banks and other payment gateways, designated by them or on their
behalf to retrieve requested details. While registering, the User should choose
a proper password and keep it confidential. The User is fully responsible for
any activity regarding the password or account usage. It is the duty of the
User to intimate FutureMyTrip urgently in written in case of experiencing
unauthorized use of the account or other security breaching. FutureMyTrip will
not be responsible for any loss occurred due to unauthorized use of his
password or account.
5.2 FutureMyTrip is not responsible for any errors, omissions, on any Linked Site. FutureMyTrip does not endorse or promote any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy and credibility of all such information on their own before taking any action based on such information.
6. Termination
FutureMyTrip reserves the right, in
its sole discretion, to terminate the access to the website and the related
services or any portion thereof at any time, without notice.
7. Fees
7.1 FutureMyTrip reserves the right
to charge listing fees for certain listings, as well as transaction fees based
on certain completed transactions using the FutureMyTrip Services.
7.2 FutureMyTrip further reserves the right to alter any and all fees from time to time, without notice.
8. Governing Law
This agreement and each TOS shall be
governed by and drafted in compliance with the laws of India without reference
to conflict of laws principles and disputes arising in relation hereto shall be
subject to the exclusive jurisdiction of the courts of Patna, Bihar.
Terms and conditions for products not 'serviced by FutureMyTrip'
These terms of service (hereinafter referred to as "Terms
and Conditions") between FutureMyTrip Holidays India Private Limited.
(hereinafter referred to as "FutureMyTrip") and the users(he/she) of
the Marketplace (hereinafter referred to as "User") describe, inter
alia, the terms of offer for availing services, purchase of services
(hereinafter termed as "Services") provided by the third-party
service provider (hereinafter termed to as "Vendor").
PLEASE READ ALL THE TERMS AND CONDITIONS, PRIVACY POLCICY
CAREFULLY BEFORE AVAILING ANY SERVICES ON THE MARKETPLACE. ANY SERVICE AVAILED
BY THE USER HE /SHE THROUGH THIS MARKETPLACE SHALL SIGNIFY USERS’ ACCEPTANCE OF
THE TERMS & CONDITIONS AND SHALL BE LEGALLY BOUND BY THE SAME.
IN ADDITION TO THE FOREGOING, USER HE /SHE SHALL ALSO BE BOUND
BY ADDITIONAL TERMS OF OFFER FOR SERVICE ISSUED BY THE VENDOR AT THE
MARKETPLACE. IN CASE OF ANY CONFLICT BETWEEN THE TERMS & CONDITIONS OF THE
MARKETPLACE AND THE ADDITIONAL VENDOR TERMS, THE ADDITIONAL TERMS SHALL TAKE
PRECEDENCE IN RELATION TO THAT SERVICE.
IF THE USER HE /SHE DOES NOT AGREE WITH THE TERMS OF OFFER FOR
SERVICE, HE /SHE MAY NOT ACCESS THE MARKETPLACE.
1. Business
This Marketplace is a platform that
facilitates online, offline booking and purchase of travel packages and other
travel related services ("Service/s") offered by various third-party
service providers ("Vendor/s").
Vendors are the service providers for
the Services on the Marketplace and are fully responsible to User for the
Services sold or for redemption of any travel Voucher purchased by User through
the Marketplace. FutureMyTrip's deliverable is limited to facilitating the
communication between the User and the Vendor through this Site, for Services.
FutureMyTrip only routes payments
from Clients. FutureMyTrip does not guarantee payments to Vendors for amounts
that have not been successfully received by FutureMyTrip from Clients.
User acknowledges that FutureMyTrip
has the right to change or discontinue any functionality of the Marketplace at
any time, without notice.
User further acknowledges that
FutureMyTrip may add or change the procedures, modes, processes, terms and
conditions at any time and User he/ she shall adapt to changes that
FutureMyTrip may make to the Marketplace Platform.
User agrees that FutureMyTrip shall
not be liable to User or to any third party for any modification, suspension or
discontinuance of any aspect of the Marketplace.
2. Pricing Information
2.1. FutureMyTrip does not charge any
fee for browsing and booking of Services on the Marketplace. User can create
membership accounts free of cost on the Marketplace.
2.2. User shall be solely responsible
for compliance of all applicable government laws including those in India for
making payments to FutureMyTrip Holidays India Limited.
2.3. FutureMyTrip strives to provide
Users through its Vendors best possible prices for the Services enumerated on
the Marketplace. However, FutureMyTrip does not guarantee that the price will
be the lowest in the city, region and geography.
2.4. While FutureMyTrip endeavors to
provide best quality Services and accurate pricing information, typographical
and other errors may occur. In the event that a Service is listed at an
incorrect price or with incorrect information due to an error in pricing or
Service information, FutureMyTrip may, at its discretion, either contact User
for instructions or cancel User’s booking and acknowledge User of such
cancellation.
2.5. FutureMyTrip will have the right
to rectify the price of the Service and contact User for further instructions
via e-mail address provided by User at the time of registration or cancel the
booking and acknowledge User of such cancellation. If FutureMyTrip cancels the
order after the payment has been processed, the said transection amount will be
remitted to User’s account from which the payment was made.
2.6. FutureMyTrip is a facilitator
for payment from User to the Vendor and FutureMyTrip’s obligation to pay the
Vendor is conditional upon successful receipt of the associated payments from
User. FutureMyTrip does not guarantee payments to Vendors for amounts that have
not been successfully received by FutureMyTrip from the User.
3. Payment Options
3.1. Online Card Payments
Visa, Master and American Express
Card payments/ transactions are processed through an online payment gateway
system.
FutureMyTrip makes best efforts to
fulfil information security requirements and as a Verisign Certified Site, uses the latest 128 bit encryption
technology and other sophisticated methods to protect Users credit card
information.
User can make bookings for desired
services using secured SSL encryption (the Internet standard for secure
transactions).
3.2. Internet Banking
User can pay for the desired Services
through the respective bank's net banking options If User have an account with
any of the below mentioned banks, and the amount will be automatically debited
from Users account. FutureMyTrip may process payments through third party
payment-gateway system.
3.3. Gateway Charges
Please note that FutureMyTrip cannot
control any fees that may be charged to User by his/her bank related to such a
transaction and FutureMyTrip disclaims all liability in this regard.
4. Transaction Confirmation
4.1. User should not take any action based on information on the Marketplace until User has received a confirmation/ acknowledgement about User’s transaction. If confirmations to be received by email and if User does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User may first look into "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact FutureMyTrip’s Travel Care centre.
4.2. Before making any payment to the Vendor, the total price payable will be displayed to the User. If a booking request is ejected by a Vendor (i.e. not confirmed by the applicable Vendor), any amounts collected by FutureMyTrip for such booking will be refunded to the User’s Account used for making the payments.
4.3. As a general rule, FutureMyTrip will remit to the Vendor the applicable amount due once FutureMyTrip receives confirmation of a booking from the applicable Vendor/ lodging partner. Total price may be collected as part payments, as per Vendor, lodging partner policy.
5. Modification and Cancellation Policy
5.1. All modification and cancellation of booking shall be according to the notifications/ policy provided by the Vendor partner and shall be routed through FutureMyTrip.
5.2. If a vendor partner cancels a confirmed booking made
via the FutureMyTrip’s Site:
FutureMyTrip will refund the total amount paid by the User
for such booking to the applicable User within a commercially reasonable time
of the cancellation.
If applicable, the User will receive an email or other
communication from FutureMyTrip containing available alternative listings of
the earlier previously desired Services as offered by and available with the
Vendor.
If the User requests booking from one of the enlisted
alternatives and the concerned Vendor partner confirms the User’s booking
request, in that case the User agrees to pay FutureMyTrip the differential cost
relating to the confirmed booking for the desired Service, in accordance with
these Terms.
6. Refund Policy
6.1. In case of no-show or unutilized bookings, User shall
be required to make requests for any valid and applicable refunds, as per
Vendors’ partner policies, within 90 days from the travel date. No refund would
be processed for any requests made after the expiry of 90 days of travel date/
check-in as aforementioned and all unclaimed amounts for such no-show or unutilized
bookings will accordingly be deemed to have been forfeited.
6.2. The refund amount shall be processed within 15-20
working days from the date of the cancellation request, after receiving back-to-back refund from the concerned Vendor partner. If FutureMyTrip has received the
payment through a valid credit card, then the refund amount will be paid to
User’s credit card.
6.3. In case User avails to book any of the Services offered by the Vendor partner and is, thereafter, not contactable/ reachable on the contact details provided, then the tour reservation selected by User will stand cancelled and FutureMyTrip or the Vendor would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.
7. Promotion Codes
7.1. FutureMyTrip may generate promotion codes from time to time on regular time interval which may be availed on the website as a discount coupon, if applicable.
7.2. FutureMyTrip reserves the right to add, alter,
modify, withdraw all or any of the Terms and Conditions or replace, wholly or
in part, the program by any other program, whether similar to it or not or
withdraw whole program without any prior notice.
7.3. In case of dispute with any party, FutureMyTrip's
decision will be binding and final.
7.4. When User registers with
FutureMyTrip, FutureMyTrip or any of its partners/affiliate/group companies may
contact User from time to time to provide the offers/information of Services
that FutureMyTrip or other group companies believe may benefit User.
8. Users responsibilities and liability
8.1. General Understanding
8.1.1. User shall be responsible for
their own actions in utilizing the Services purchased by User, and FutureMyTrip
shall not be liable for any such action. FutureMyTrip is only providing a
platform for communication, and it is agreed that the contract for Service shall
be a strictly bipartite contract between the Vendor and User.
8.1.2. User represents that User is
of legal age to form a binding contract with FutureMyTrip and is not a person
barred from receiving Services under the laws as applicable in India.
8.1.3. User confirms that
FutureMyTrip shall not be responsible for any deficiency in payment of
consideration payable towards the services purchased from the Marketplace.
8.1.4. Any references to a Vendor
being "verified" (or similar language) only indicate that the Vendor
has completed a reasonable verification policy. Any such description is not an
endorsement, certification or guarantee by FutureMyTrip about any Vendor,
including of the Vendor's identity and credibility. FutureMyTrip therefore
suggests that you always exercise due diligence and care when deciding whether
to avail services from a Vendor, or while having any other interaction with
them.
8.1.5. Upon receiving User’s
complaint, FutureMyTrip shall inform the relevant Vendor of such complaint and
request for an explanation under law. Users are requested to refrain from
raising frivolous and baseless complaints. User expressly acknowledges that the
Vendor providing the deficient service will be solely responsible to User for
any claims that User may have regarding to such deficient service and
FutureMyTrip shall not in any manner be held liable for the same.
8.1.6. In the event the Vendor fails
to complete a delivery of any Service, User accepts that the Vendor will be
liable to make any relevant payments or refunds. User agrees that FutureMyTrip
will not be held liable for failure of the Vendor to make available any Service
therein.
8.1.7. The User hereby consents,
expresses and agrees that he/she has read and fully understood the Privacy Policy
of FutureMyTrip. Additionally, the user agrees that the terms and contents of
such Privacy Policy are acceptable to him.
8.1.8 FutureMyTrip reserves the right
at all times to disclose any information as is necessary to satisfy or comply
with any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or
in part, in FutureMyTrip's sole discretion.
8.1.8. When User registers with
FutureMyTrip, FutureMyTrip or any of its Vendor/partners/affiliate/group
companies may contact User from time to time to provide the offers/information
of such services.
9. DISCLAIMER
9.1 FUTUREMYTRIP DOES NOT CONTROL,
ENDORSE AND ACCEPT RESPONSIBILITY FOR ANY SERVICES OFFERED BY THIRD
PARTIES/VENDORS /LODGING PARTNERS ACCESSIBLE THROUGH THE MARKETPLACE PLATFORM
OR ANY LINKED SITES. FUTUREMYTRIP MAKES
NO REPRESENTATIONS AND WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE
FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR SERVICES, INCLUDING
REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL
PROPERTY RIGHTS. ANY TRANSACTIONS THAT USER MAKE WITH SUCH THIRD PARTIES ARE AT
USERS OWN RISK. THE SERVICES SHALL BE SUBJECT TO VENDOR'S /LODGING PATNER'S
TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND FUTUREMYTRIP
DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. FUTUREMYTRIP ALSO DOES NOT
ACCEPT ANY RESPONSIBILITY FOR THE SERVICES AVAILED BY USER.
9.2. FUTUREMYTRIP SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECIENCY OF SERVICE AVAILED BY USER FROM THE VENDOR/ LODGING PARTNER AND FUTUREMYTRIP SHALL NOT ASSUME ANY LIABILITY IF THE SERVICE AVAILED BY USER FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS MENTIONED IN THE BOOKING CONFIRMATION.
10. Governing Law
10.1. These Terms & Conditions,
privacy policy and the relationship between User and FutureMyTrip shall be
governed in accordance with the laws of India without reference to conflict of
laws principles under constitution.
10.2. User consents that all claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions or any transactions entered into on or through the Marketplace platform or the relationship between User and FutureMyTrip shall be subject to the exclusive jurisdiction of the courts at Patna (Bihar) and User hereby accede to and accept the jurisdiction of such courts.
10.3. ALL LINKED TERMS AND CONDITIONS, PRIVACY POLICY HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY EVERY USER.
10.4. All claims, disputes and litigation relating to online booking through this website anywhere from India or abroad shall be subject to jurisdiction of Courts of Patna only. All Images /Content shown in www.futuremytrip.com are for representation purpose only.