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USER AGREEMENT Your Ticket Terms and Conditions
IMPORTANT! - PLEASE READ THIS USER AGREEMENT AND ALL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FlyBackIndia SITE
Your use of the www.flybackindia.com site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you fully agree to these terms and conditions. If you do not agree with any part of the following terms and conditions, please refrain from use this site.
THE USE OF www.flybackindia.com site: You may only use this site if you are at least 18 years of age and can enter into a binding contract. FlyBackIndia grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations for airplane tickets or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of flybackindia.com, and/or its third party providers and distributors, except that you may display and print the materials presented on this site for your personal, non-commercial use only. You may not use any automatic device, or a program, algorithm or methodology having similar processes or functionalities, or any manual processes, to reproduce or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of flybackindia.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that flybackindia.com deems in its sole discretion to be unreasonable or disproportionate to the benefits flybackindia.com obtains from your use of thewww.flybackindia.com site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components.
RESERVATIONS:All reservations are subject to availability at the time of ticketing. At least one adult must accompany children below the age of 18 yrs. Children 12 yrs & above are considered adults for pricing purposes. Flight and Car reservations can be done at any time depending on availability at the time of booking. Availability and pricing of Flights, car and air transportation featured on our web site are subject to change at anytime with or without notice until the credit card provided at the time of booking is charged.
SHIPPING FEE: In case paper tickets are issued, FlyBackIndia will charge $25.00 (INR 1700) for two day delivery of the paper tickets and $50.00 (INR 3400) for the next day delivery. Tickets will be issued within (5) five business days after the reservation is made using a valid form of payment.
PENALTIES: All Ticket(s) are non-refundable. All Date changes will incur penalties (change penalty PLUS any price difference between the ticketed and the new fare). Flights MUST be available for the requested Date changes. Date changes are based on availability of flights at the time of making the requested change. Any Date changes to a Ticketed Itinerary after departure MUST only be done by the airline directly. Please contact Customer Service must be contact at least 1 week in advance of the departure date to make any changes.
AIR CANCELLATIONS: Air Cancellations: A $50 (INR 3400) processing fee per passenger will apply for all air cancellations. All other cancellation policies remains as per cancellation policy of ticket purchased and must be made 7 business days prior to the departure date.
Flight: Space is subject to availability. Rooms are assigned on a run-of-the-house basis by Flight management upon check-in. Room assignments are at the discretion of the Flights and specific requests (adjoining rooms, rooms with certain views, wheelchair accessible) cannot be guaranteed. FlyBackIndia reserves the right to substitute a Flight of similar or higher category if necessary.
PAYMENTS: ALL RATES, FARES AND AVAILABILITY OF ALL TRIP SEGMENTS WILL NOT BE CONFIRMED UNTILL THE CREDIT CARD PROCESSED AND AUTHORIZED FOR FULL PAYMENT.
All U.S. or Canada credit cards with a verifiable address are accepted. Credit card must be in the name of one of the travelers. For any Credit or Debit cards, FlyBackIndia may request a Credit Card authorization form along with the copy of both sides of the credit card and identity proof (a Driver License and/or passport page showing photograph and signature). In case, credit card holder does not provide the requested documents within 24 hours, FlyBackIndia holds the right to cancel the reservation with a cancelation penalty of up to $150 (INR 10,200). For all Air, Flight and Car Rental bookings made through the Call Center, FlyBackIndia Service Fees may vary based on complexity and time required to make the individual booking by the call center agent. FlyBackIndia Service Fee charge may appear separately from Ticket Charges on the Customer's Credit Card.
International Credit Cards:
In case a booking is made using an international credit card, following documents must be provided:
A completed credit card authorization form.
Both sides of the credit card used for making the booking.
In certain non-US/Canada departures or non US/Canada Credit/Debit Cards, FlyBackIndia may request a Credit Card authorization form along with the copy of both sides of credit card and identity proof (a Driver License and/or passport page showing photograph and signature). In case, traveler/credit card holder does not provide the requested documents within 24 hours, FlyBackIndia holds the right to cancel the reservation with a cancelation penalty of up to $150 (INR 10,200).
Documents can be scanned and e-mailed to the same e-mail address from where booking e-mail is received.
Third Party Credit Cards:
If the travel is purchased using a credit card which does not belong to one of the travelers, it is considered a third party credit card.
For all third party credit cards, in certain cases FlyBackIndia may request both sides of the copy of credit card and identity proof (a Driver License and/or passport page showing photograph and signature). In case, traveler/credit card holder does not provide the requested documents within 24 hours, FlyBackIndia holds the right to cancel the reservation with a cancelation penalty of up to $150 (INR 10,200).
Airline ticket prices are not guaranteed until ticketed. We will notify you within 24 hours of purchase in case of any issue with the credit-card payment.
For security measures all issued tickets will only be mailed to the billing address of the Credit Card holder.
SYSTEM ERROR: : In case of a system error regarding pricing of air, Flight, car rental and any other booking from FlyBackIndia website, FlyBackIndia withholds the right NOT to sell the booking at the erroneous price. Once a system error has been identified, FlyBackIndia will notify you of the right price. At the same time, FlyBackIndia will NOT require you to purchase the erroneous reservation at the amended price.
RESPONSIBILITY AND LIABILITY: FlyBackIndia (hereafter know as "Operator") does not own or operate, nor is it an agent for any of the firms which will provide goods or services for the trip and the Operator has not priced the trip or option to allow Operator to guarantee against failure of any such firms. Accordingly, participant(s) agree to seek remedies directly with the supplier, and not to hold the Operator or sponsoring organization liable, in the absence of its negligence, for any loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option ( e.g. without limitation, the quality of services, cleanliness of a Flight, Flight overbooking or any flight delays). Operator or any airline supplier referred to on this website reserves the right to cancel, change or substitute any service for any reason. The sole responsibility of any airline used is limited to that set out in the passenger contract evidence by the ticket, and is provided by international convention.
EXCLUSION OF WARRANTY: FlyBackIndia and any or all third party providers and distributors makeNO warranty of any kind regarding the www.flybackindia.com site and/or materials provided you through this site. FlyBackIndia and any or all of its third party providers do NOT warrant the completeness, accuracy or reliability of any of the data or content found on this site. Neither FlyBackIndia nor any third party providers or distributors warrant that the www.flybackindia.comwebsite, its servers or any e-mail sent from www.flybackindia.com are free of viruses or other harmful components. Furthermore, the www.flybackindia.com website contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by www.flybackindia.com, its third party providers or distributors of the contents of such other Web sites. None of flybackindia.com or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
REVIEW OF TRANSMISSIONS: FlyBackIndia may monitor and review any or all information transmitted or received through the www.flybackindia.com site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that FlyBackIndia deems inappropriate or in violation of these said terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. FlyBackIndia takes no responsibility and assumes no liability for any content posted or submitted by you.
INDEMNIFICATION You will defend and indemnify us and any Provider and each of our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our site.
ATTORNEY'S FEES: In the event that FlyBackIndia or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. Further to this, You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to www.flybackindia.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that FlyBackIndia shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by www.FlyBackIndia.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
MODIFICATION: www.FlyBackIndia.com may at any time modify any or all the stated terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
ADDITIONAL TERMS: Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions as described by third party providers.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist and otherwise), are in order and meet any other foreign entry requirements. FlyBackIndia has no special knowledge pertaining to foreign entry requirements or travel documents.
We strongly recommend customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to International destinations.
Passport and Visas:
You must consult the relevant embassy for this information. Requirements may change without any prior notifications, hence you should check the up to date information before booking and departure. FlyBackIndia will not hold any responsibility if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa or other travel documents required by the airline, authority or country, including the countries you are transiting through. This includes all the stops made by the aircraft, even if you do not leave the aircraft or the airport.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, FlyBackIndia DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, CRUISE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a reservation outside USA and using US card to make the payment, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your bank or credit card statement may be in your local currency and therefore a different figure will be available, than the figure shown on the billing summary page for a reservation booked on the website. In Addition, a foreign transaction fee will be applicable if the bank that issued your credit card is located outside US.
Booking international travel may be considered to be an international transaction by your bank or the credit card company, Since FlyBackIndia may pass on your payment to an international travel supplier. The foreign exchange rate and the foreign transaction fee will be determined solely by your bank on the day that they process the payment. If you have any queries related to these fees or exchange rate applied to your booking, please contact your bank or the credit card company.
Payments - FlyBackIndia accepts payments by:
1. International credit cards or Debit cards including Discover, American Express, Visa and MasterCard.
2. Cash deposited directly in our bank.
3. Wire transfer
FlyBackIndia Bargain fares
When available, FlyBackIndia may offer additional, discounted airfare ticket option on website. These airfares, called FlyBackIndia Bargain Fares, are different from other airfares offered on the website in various important ways. We negotiate these special fares directly with the airline. Generally, these tickets are subject to certain restrictions, including no upgrades, no eligibility to fly standby on other flights and no opportunity to earn frequent flyer miles. All FlyBackIndia Bargain fares tickets are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the ticket.
Our prices are contractual tariffs – No claim related to the price of a trip will be entertained once the reservation is effective.
Unless otherwise stated in the offer, the following will NOT be included as part of the advertised price:
a. excess baggage charges
b. costs of Visas or Passport
c. foreign government departure taxes
e. customs fees
f. service fees
g.any other activities or items not included or advertised as included in the price of a Trip
h.travel insurance including health, accidents, lost baggage and trip cancellation
Cancellations and Alterations Policies – Our Cancellation and Alterations Policies vary by service and /or trip sold. They are available in writing prior to the purchase via email delivered to the purchaser. If those are unclear, kindly talk to one of our agents at the time of sale or at any other time prior to the purchase.
Any cancellation or changes of your booking may result in costs that will be billed by our suppliers and our administrative costs may be added to these. In the event of an alteration, these costs will be billed to you. In the event of cancellation, these costs are deducted from the refund payable to you as per this agreement.
Insurance – FlyBackIndia advise the travelers to purchase some sort of travel, Cancellation, Lost baggage and/or Medical emergency Insurance for all trips. While we can refer to you an insurance company, traveler acknowledges that it is Travelerâ€™s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is travelerâ€™s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that FlyBackIndia is not responsible for any uninsured losses.
FlyBackIndia is not able to specify the type of aircraft to be used by the airline. In addition, FlyBackIndia does not hold responsibilities for any losses incurred due to cancelled flights, seats or changes flight itineraries.
Airlines reserve the right to adjust the flight times and schedule at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel the contact without penalty due to change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. FlyBackIndia will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial.
Additional and oversized baggage fees: Most airlines have their own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.