Terms & Conditions

Agreement Between User and Apiyatours

  APPLICABILITY

This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of Apiyatours Private Limited ("Luftsafar").

Any person ("User") who inquiries about or purchases any products or services of Luftsafar 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 Luftsafar are collectively referred to as 'Website'.

Both User and Luftsafar are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.

"Terms of Service" available on Luftsafar's website details out terms & conditions applicable on various services or products facilitated by Luftsafar. 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 Luftsafar. 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 Luftsafar, 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 Luftsafar. If the User does not agree with any part of this Agreement, then the User must not avail Luftsafar's services and must not access or approach the Sales Channels of Luftsafar.

All rights and liabilities of the User and Luftsafar with respect to any services or product facilitated by Luftsafar shall be restricted to the scope of this User Agreement.

 CONTENT

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by Luftsafar and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified here in.

User agrees to follow all instructions provided by Luftsafar 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 Luftsafar, as may be applicable. Luftsafar 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.

 WEBSITE

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 Luftsafar is true and accurate.

Luftsafar 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.

Luftsafar 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.

Luftsafar 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 [email protected]. On receiving such report, Luftsafar reserves the right to investigate and/or take such action as the Company may deem appropriate.

User(s) shall not host, display, upload, publish, transmit or share any information on Luftsafar’s website or app which:

1. belongs to another person and to which the User does not have any right;
2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
3. is harmful to child;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
6. impersonates another person;
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
8. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of Luftsafar’s platform;
9. violates any law for the time being in force;

PROCEDURE TO REPORT OBJECTIONABLE/INFRINGING CONTENT

1. User(s) can report any content on the Website/App 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.
2. If the individual is of the view that any content on or listings on Luftsafar contains any objectionable or infringing content, User(s) may email to [email protected]. Luftsafar shall endeavor to review all complete and valid complaints within the prescribed timeframe under applicable law.
3. The information shared as part of the complaint shall a) clearly identify the violations b) Location of the material on the Website, including but not limited to the link of the infringing material c) In case of any IP violations, proof of ownership of such IP and d) contact information
4. Complainant consents that Luftsafar shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
5. Luftsafar shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:

1.Complainant shall provide all relevant information and supporting documentation requested by Luftsafar to enable Luftsafar to evaluate the complaint; and,

2.Luftsafar acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of Luftsafar pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of Luftsafar’s rights in such matters are fully reserved. Luftsafar does not provide any guarantee or warranty in respect of the outcome of any 

 BOOKINGS BY TRAVEL AGENTS

Except with the prior registration with Luftsafar as B2B agents, priority partner or a franchisee, and explicit permission of Luftsafar 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, Luftsafar 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. Luftsafar 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 Luftsafar for legitimate bookings.

LIMITED LIABILITY OF LUFTSAFAR

Unless Luftsafar explicitly acts as a reseller in certain scenarios, Luftsafar always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels etc. (collectively referred to as "Service Providers"). Luftsafar'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. Luftsafar 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 Luftsafar as a part of any product or service:

1. Luftsafar assumes no liability for the standard of services as provided by the respective Service Providers.
2. Luftsafar provides no guarantee with regard to their quality or fitness as represented.
3. Luftsafar doesn't guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands Luftsafar merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not Luftsafar. Thus the ultimate contract of service is between User and Service Provider.

User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. Luftsafar, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.

  USER'S RESPONSIBILITY

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable there to.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through Luftsafar. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by  either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

The services are provided on an "as is" and "as available" basis. Luftsafar may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Luftsafar 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 Luftsafar 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 Luftsafar'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 Luftsafar immediately in writing of any unauthorized use of their password or account or any other breach of security. Luftsafar 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.

Luftsafar 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., Luftsafar may at times verify certain information of its Users like their credit score, as and when required.

Additionally, Luftsafar may share your Personal Information in an anonymized and/ or aggregated form with a third party that Luftsafar may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.

Luftsafar adopts the best industry standard to secure the information as provided by the User. However, Luftsafar 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 Luftsafar 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, Luftsafar reserves the right to charge certain fees in the nature of convenience fees or service fees. Luftsafar 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, Luftsafar shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Luftsafar. In cases where the short charge is claimed prior to the utilization of the booking, Luftsafar 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 Luftsafar 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, Luftsafar will process the refund of the booking amount paid by the User and intimate the User about the same. Luftsafar 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 Luftsafar 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 Luftsafar. Luftsafar 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 Luftsafar. 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 Luftsafar or to any personal account of any person, Luftsafar shall not be held liable for the same. User shall not hold any right to recover from Luftsafar 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 Luftsafar. The User shall immediately inform Luftsafar if such details are demanded by any of its agents' employees or representatives. Luftsafar 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 Luftsafar are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

Luftsafar provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, third party Wallets, Gift Cards, EMI and more.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY LUFTSAFAR

Luftsafar 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.

Luftsafar 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 here by unconditionally consents that such communications via SMS, internet- based messaging applications like WhatsApp, voice call, email or any other mode by Luftsafar are:

1. upon the request and authorization of the User;
2. 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
3. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

  INSURANCE

Unless explicitly provided by Luftsafar in any specific service or deliverable, obtaining

sufficient insurance coverage is the obligation of the User. In no case Luftsafar shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by Luftsafar shall be as per the terms and conditions of the third-party insurance company. Luftsafar 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. Luftsafar shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

  COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by Luftsafar either at the time of booking or after the booking is made. In case the traveler is a minor, Luftsafar will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. In case the limit gets breached before the actual remittance request is approved by the AD Bank, Luftsafar has an obligation to cancel the booking in compliance with the law and process refund as per cancellation policy applicable to said booking. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.

The User authorizes Luftsafar to retrieve User’s/ traveler’s (in case booking on someone’s behalf) PAN details from Users profile, previous bookings or share User/traveller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.

The User understands Luftsafar does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.

The User authorizes Luftsafar to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.

OBLIGATION TO OBTAIN VISA

International bookings made through Luftsafar 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.

Luftsafar 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, Refund, if any, will be as per the applicable terms of booking and cancellation policy.

  FORCE MAJEURE

There can be exceptional circumstances where Luftsafar and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Luftsafar. If Luftsafar 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 Luftsafar 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, Luftsafar’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Luftsafar from all liabilities with respect to that transaction.

Additional liabilities, if any, shall be borne by the User.

In no event shall Luftsafar 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.

RIGHT TO REFUSE

RIGHT TO REFUSAL BY LUFTSAFAR:

Luftsafar at its sole discretion reserves the right to not accept any booking without assigning any reason there of.

Luftsafar 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 Luftsafar under this User Agreement or under applicable law, Luftsafar 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:

1. The User is in breach of this User Agreement; or
2. Luftsafar is unable to verify or authenticate any information provided by the User; or
3. Luftsafar 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 Luftsafar, or Luftsafar itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with Luftsafar with different credentials, or use the Website in any manner whatsoever until such User is reinstated by Luftsafar. Luftsafar may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, Luftsafar reserves the right to recover any amounts due to be paid by the User to Luftsafar, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to Luftsafar which is, or communicate with Luftsafar using language or content which is:

1. abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
2. contrary to any applicable law;
3. violates third parties' intellectual property rights;
4. a spam; or
5. in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, Luftsafar shall be at liberty to take appropriate legal action against the User.

RIGHT TO REFUSAL BY END SERVICE PROVIDER:

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through Luftsafar with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of Luftsafar and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not Luftsafar.

  RIGHT TO CANCEL

The User expressly undertakes to provide Luftsafar 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 Luftsafar.

In case Luftsafar 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, Luftsafar 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, Luftsafar 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 Luftsafar to cancel any booking, Luftsafar will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold Luftsafar responsible for any loss or damage arising out of measures taken by Luftsafar for safeguarding its own interest and that of its genuine customers. This would also include Luftsafar denying or cancelling any bookings on account of suspected fraud transactions.

  INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Luftsafar, 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 Luftsafar cannot be held responsible for the same.

UPI RELATED TERMS & CONDITIONS

Luftsafar acts as a Third Party Application Provider (TPAP) under UPI

Luftsafar is a TPAP authorized by NPCI to facilitate payments through PSP Bank(s). Luftsafar is a service provider participates in UPI through the PSP Bank.

Luftsafar shall act as the first point of contact for all UPI related grievances/ complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to HDFC Bank, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

FAQS

What is NPCI?:

National Payments Corporation of India (NPCI) is an authorized payment system operated by RBI. NPCI owns and operates the UPI payment system.

What is PSP bank?:

Payment Service Provider (PSP) is the banking company authorized to act as a service provider under the UPI framework. PSP engages the Third Party Application Provider (TPAP) to provide UPI services to the end-user customers.

What is TPAPs?:

Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

What is Customer’s Bank?:

The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

Who is End User Customer?:

The end-user customer is the individual who uses UPI payment facility to send and receive payments.

GENERAL TERMS PERTAINING TO THE USE OF UPI

Roles & Responsibilities of NPCI

1. NPCI owns and operates the Unified Payments Interface (UPI) platform
2. NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement
3. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI
4. NPCI provides a safe, secure and efficient UPI system and network
5. NPCI provides online transaction routing, processing and settlement services to members participating in UPI
6. NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI
7. NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

Roles & responsibilities of PSP Bank

1. PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments
2. PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.
3. PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app
4. PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers
5. PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform
6. PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security
7. PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India
8. PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.
9. PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer.

Roles & responsibilities of TPAP

1. TPAP is a service provider and participates in UPI through PSP Bank
2. TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI
3. TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform
4. TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard
5. TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India
6. TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI
7. TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.

 MISCLLEANEOUS

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 Kolkata.

AMENDMENT TO THE USER AGREEMENT:

Luftsafar 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 Luftsafar 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 here in.

FEEDBACK FROM CUSTOMER:

Luftsafar would like to know the feedback of the Users for improving its services. The User hereby authorizes Luftsafar to contact the User for their feedback on various services offered by Luftsafar. 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 Luftsafar for specific exclusion at [email protected].

PRIVACY POLICY:

User shall also refer to Luftsafar's Privacy Policy available on Luftsafar's website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Luftsafar and its affiliates in accordance with the terms of the Privacy Policy.

TERMS OF SERVICE

FLIGHT TICKETS HOTELS

CABS

FLIGHT TICKETS

TERMS OF THE AIRLINES

The airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.

Luftsafar 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 Luftsafar. As a facilitator Luftsafar 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 Luftsafar has no role to play in the same. Some of the fares shown in the booking flow are "hand baggage fares" which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. The User is advised to contact the airlines for detailed costs.

CODE SHARE

Some airlines enter into "code share" agreements with other Airlines. This means that on certain routes, the airline carrier selling or marketing the flight ticker does not fly its own aircraft to that destination. Instead, it contracts or partners with another airline to fly to that destination. The partner airline is listed as "operated by" in the booking flow.

If your flight is a code share, it will be disclosed to you in the booking process and prior to payment.

Luftsafar will disclose any such code-share arrangements to the User, only when the ticketing airline discloses it to Luftsafarin the first place.

PRICING

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, Luftsafar 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.

TRAVEL DOCUMENTS

It shall be the sole responsibility of the User to ensure they are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel. User agrees that in case of inability to travel for not carrying valid travel documents, Luftsafar shall in no way be held liable.

User understands that the information (if any) provided by Luftsafar regarding the travel documents is only advisory in nature and can't be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit.

CHECK-IN TERMS

User should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights.

User should carry valid identification proofs, passport, age proofs as may be required to prove the identity, nationality and age of the passengers travelling on a ticket, including infants.

USE OF FLIGHT SEGMENTS

In the event User does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario Luftsafar 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 Luftsafar.

The User shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline's policy and fare class, charges for changes or modifications to existing bookings may vary.

REFUND

Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to Luftsafar receiving the same from the airlines. However, the convenience fee paid to Luftsafar paid at the time of booking is a non-refundable fee.

All cancellations made directly with the airline need to be intimated to Luftsafar, 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 Luftsafar 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, Luftsafar will make an appropriate charge reversal to the same credit card; like-wise if the User used a debit card, Luftsafar 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.

  HOTELS

ROLE OF LUFTSAFAR AND LIMITATION OF LIABILITY OF LUFTSAFAR

Luftsafar 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 Luftsafar. 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. Luftsafar 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 Luftsafar issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can Luftsafar 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 Luftsafar 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 Luftsafar (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 Luftsafar 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. Luftsafar 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 Luftsafar. 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. Luftsafar 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. Luftsafar 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 Luftsafar.

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 Luftsafar.

At the hotel's or Luftsafar's sole discretion on case to case basis, the User may also be provided with an option to make a part payment to Luftsafar 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 Luftsafar with correct credit or debit card details. Luftsafar 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 Luftsafar 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 Luftsafar with correct credit or debit card details.

Luftsafar 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 LUFTSAFAR AND LIMITATION OF LIABILITY

Luftsafar 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.

Luftsafar 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.Luftsafar 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.

Luftsafar 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.

Luftsafar 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,. 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 Luftsafar.

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 Luftsafar.

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 Luftsafar 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 stop 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. Luftsafar 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 Luftsafar, the matter must be reported directly to Cab Operator or Luftsafar, 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:

1. Arrive on time at the appointed pick up point as mutually agreed with Cab Operator;
2. 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;
3. 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;
4. 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:

1. ask Cab Operator to violate any traffic rules, or the city police or government rules or other applicable laws for any reason whatsoever;
2. coerce Cab Operator to overload the boot space of the Vehicle with the User's luggage;
3. use services offered under this head for any purpose which is unlawful or illegal under the applicable laws;
4. insist on disembarking at any place expect the point of drop as provided by the User at the time of booking;
5. board the Cab if he/ she is intoxicated or under influence of any drug or similar abusive substances.