Terms & Conditions
Applicability of the agreement
This agreement ("user agreement") incorporates the terms and conditions for Fare Boutique IT Solutions Pvt Ltd ("FB") to provide services to the person(s) ("the User") registered with FB and intending to purchase, sell or inquiring for any products and/ or services through the platform provided by FB by using FB's websites. The User can purchase ("the Purchaser") or sell ("the Seller") on the platform as per their will.
Both User and FB are individually referred as 'party' to the agreement and collective referred to as 'parties'.
User's responsibility of cognizance of this agreement
The Users availing services from FB shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by FB for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or FB with respect to any services to be provided by FB shall be restricted to the scope of this agreement.
FB reserves the right, in its sole discretion, to terminate the access to any or all FB websites and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
All the products or services (e.g. air tickets) are provided by third party supplier. The Service Provider (e.g. Airline) itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.
FB's services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not avail FB's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other FB document, then these terms shall control.
Third Party Account Information
By using the Account Access service in FB's websites, the User authorizes FB and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify FB immediately in writing of any unauthorized use of their password or account or any other breach of security. FB will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
Seller's Responsibility
a. The Seller warrants that it has the full right and/or authority to sell and purchase the Products through the Fare Boutique Website and its activity / dealing with Website shall not violate any law or contract or understanding with any third party.
b. The Seller agrees and confirms that the Products shall, at all times, be offered & sold by the Seller and the Seller shall take all necessary steps and/or precautions to ensure that the Products are not mistaken or misrepresented from their end as being associated with and further marketed by Fare Boutique.
c. The Seller agrees that for every sale and invoicing will be handled by the Seller through the platform. The Seller will be liable for all compliances relating to all relevant invoices which will be managed / done through the Website.
d. The Seller loads the available open Inventory only, with his own best price including his markup and also the Transaction Fee including any applicable tax as a single per seat/ per room night/ per person package cost. The Seller enjoys right to modify his own loaded Inventory at before the sale of the Product with revised pricing and / or revised number of Inventory availability. Based on the Seller’s decision, he can load multiple pre-purchased available Inventories on the Website in the similar manner with each product offered having a unique self-generated identification number for follow-up purpose.
e. FB grants the Seller, access and non-transferable rights beyond his own office branches the right to use the Website in terms with this Agreement. The Seller will use the Website to upload legitimate pre-negotiated available Inventories only and shall not use the Website for any other purposes, including without limitation, to upload any speculative, false, or fraudulent imaginary Inventory in anticipation of demand.
f. The Seller agrees that if the Seller has two branches/offices and the Products are sold by the two branches separately on the online platform then the billing for the two branches / offices of the Seller must be done by creating separate Fare Boutique accounts.
g. The Seller shall ensure that the Products marketed on the Website are at all times in compliance with applicable law and regulations and in accordance with public policy, including, without limitation, compliance with all applicable licensing regulations, customs, octroy, GST, stamp duty, income-taxes and other taxes and other censorship regulations.
h. The Seller shall not directly or indirectly sell the Products or use Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause Fare Boutique, subject to investigation, prosecution or legal action. Fare Boutique will at all times have access to legal recourse to make good any losses faced by it due to breach of trust and obligation by any Seller.
i. In the event of FB finding that there is any violation of points ‘e’ and ‘h’ of this Clause. FB shall assess the effect of such violation. If, in the opinion of FB, FB is unable to continue with the relationship under this Agreement, FB may, forthwith, terminate this Agreement.
j. The User shall duly intimate FB of any change of ownership or legal status or its cessation of business happening during the tenure of this agreement.
k. The Seller shall be fully responsible for the unsold Inventories on the Website which it has loaded itself on the same.
l. Before buying any Product or use any Services through the Website, the Buyer shall have the option to deposit sufficient advance in its account with FB, which shall be adjusted towards the purchase of Products and the levy of applicable Transaction fee as per agreement as deem fit by FB. Even if the Buyer doesn’t deposit any advance in its account with FB, it is under the obligation to use the payment gateway facilities provided by FB.
m. The sale and purchase of Products through the Website is subject to availability of desired product at the rates provided and live on the Website, which are subject to change without any prior notice or information before if it is not already purchased and/or replaced with fresh Products.
n. The User agrees and understands that the prices of Products listed on the Website shall be the sole decision of the Seller selling the Products and FB shall in no way be responsible for managing the prices of the Products listed on the Website.
o. The Seller will be required to provide Firm with a duly signed blank undated cheque in the name of ‘Fare Boutique IT Solutions Pvt Ltd’ to protect the Firm against any possible loss that it may incur due to default by the Seller in case of breach of the provisions of this Agreement.
p. The User, can raise reclamation request for its funds in their account maintained with FB with respect to purchase or sale of the Product made through the Website, which the Firm shall remit in the bank account of the User registered with FB.
Fees Payment
FB reserves the right to charge listing fees for certain listings, as well as payment transaction fees based on certain completed transactions using the services. FB further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by FB for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, it is your responsibility to intimate us within 24hrs from date of reservation. Once confirmed, we will process the refund and intimate you of the same. Fare Boutique holds the right to charge penalty to the Seller minimum of price of new reservation and that shall be transferred to the Purchaser after deducting service charge. Net amount transferred will be equivalent to new reservation charge or amount received from the Seller. In this case, the Purchaser will have to provide proof of new reservation. However, Fare Boutique is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
Fare Boutique doesn't hold any responsibility for any refunds against the unutilized or 'no show' air or hotel booking or any other services purchased on the platform for any reasons.
Confidentiality
Any information which is specifically mentioned by FB 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 agreement and the obligations of both the parties therein.
Usage Of The Mobile Number Of The User By FB
FB may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; FB may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by FB is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify FB against all types of losses and damages incurred by FB due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on FB with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Onus Of The User
FB is responsible only for the transactions that are done by the User through FB. FB will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
PAN details are required for transactions under Liberalized Remittance Scheme which includes any international booking on FB platform. The user warrants and confirms that PAN details of the User / traveller will be shared by the user on or before the cut-off date prescribed by FB. In case the traveller is a minor, FB will require PAN details of the parent/guardian. The user further confirms that non-compliance of this provision may result in cancellation of the booking.
The user warrants and confirms that the total amount of foreign exchange, purchased from or remitted during the current financial year, through all sources in India (including the current transaction) is within the permissible limit prescribed by RBI. The user further confirms that foreign exchange, if any, purchased by user for the purpose of international travel under the current booking will be utilised for purpose indicated above.
The User authorises FB to share user/traveller data with third party(ies) for collecting or verifying PAN details of user/traveller.
Advertisers on FB
FB is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. FB does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of FB and FB is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FB is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by FB.
Cancellation Policy
The Purchaser agree that the cancellation of any booking made is in discretion of the Seller and FB doesn't have any role in this process. Cancellation amount can be negotiated and decided by the Purchaser and the Seller. Amount decided agreed upon will be transferred to the Purchaser after deducting transaction charges.
Insurance
Unless explicitly provided by FB in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and FB doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by FB shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and FB shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Force Majure Circumstances
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. In such cases the Seller won't be liable to bare any loss of the Purchaser or its client. Though the amount paid will be transferred back to the Purchaser after deducting transaction charges.
Severability
If any provision of this 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 Agreement shall continue to be in full force and effect.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of FB Websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular FB website, then these terms shall control.
Relationship
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of FB Website, shall be deemed to constitute a partnership between the User and FB and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
Updation Of The Information By FB
User acknowledges that FB provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the FB websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as FB notices them. Changes are/may be periodically made/added to the information provided such. FB may make improvements and/or changes in the FB website at any time without any notice to the User. Any advice received except through an authorized representative of FB via the FB website should not be relied upon for any decisions.
The user agrees that FB being a platform for facilitating the booking services shall not be responsible for any dishonor of booking and the Purchaser have to contact the Seller directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in FB, services committed earlier may not be provided or may involve substantial modification. In such cases, FB shall refund the entire amount received from the Purchaser for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of FB against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
FB shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of FB arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the Purchaser for availing any services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by FB for its services.
In no event shall FB and/or the Sellers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the FB website. Neither shall FB be responsible for the delay or inability to use the FB website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the FB website, or otherwise arising out of the use of the FB website, whether based on contract, tort, negligence, strict liability or otherwise.
FB is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
FB is not responsible for any product posted by the Seller to sell on its platform / website.
Safety Of Data Downloaded
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, FB will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
Proprietary Rights
FB may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by FB and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Visa obligations of the User
The travel bookings done on FB are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. FB or its sellers are not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
Indemnification
The User agrees to indemnify, defend and hold harmless FB and its website, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FB, its website and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and FB cannot be held responsible for the same.
Modification Of These Terms Of Use
FB reserves the right to change the terms, conditions, and notices under which the FB website is offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Jurisdiction
FB hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. FB considers itself and intends to be subject to the jurisdiction only of the courts of Jaipur, India.
Responsibilities Of User Vis-á-Vis The Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent FB acts only as a platform facilitating the Seller to sell its inventory and the Purchaser to purchase the same at its own will for itself or its client. It shall not have any liability whatsoever for any aspect of the standards of services provided by FB, the Seller or the service providers. In no circumstances shall FB be liable for the services provided by the Seller or the service provider. FB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from FB or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the FB pages or otherwise use any of the contents, pages, information or any other material provided by FB or the Sellers on FB. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying FB in writing.
I authorize Fare Boutique representative to contact me over phone, message and email. This consent shall supersede any preferences set by me through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
Cancellation & Refund
Registration- Fare Boutique platform is only for travel agents, tour operators & travel agencies. Every registrant will be manually checkedfor whether the registrant is either travel agent or tour operator or travel agency. In case the registrant is not found to be either of them, the registrant will be asked to furbish documents which states that the registrant is either a travel agent or a tour operator or a travel agency. In case the registrant fails to provide valid documents, registration of the said registrant will be not processed further and will be terminated. In this case of termination, registrant will be provided full refund after deducting payment gateway charges.
In case where the registrant is allowed access, but, later the registrant is found not be a travel agent or a tour operator or a travel agency, the registration of the said registrant will be terminated immediately and no refund will be provided.
If a travel agent or a tour operator or a travel agency, registered on Fare Boutique platform change their business / occupation or closes the company that is registered with the Fare Boutique platform, it is sole responsibility of the said company to inform Fare Boutique aboout the same. Registration of the said company will be terminated from immediate effect and no refund will be provided.
A registrant can quit using the Fare Boutique platform at any given point during his term as a registrant. Though, no refund will be provided in this case.
If the seller sells airline ticket/s but doesn’t register the name of the flying passenger (as mentioned by the buyer) with the airline before the last date to register the name with the airline for the said airline ticket, this will be called as fraud. In such case, the purchase amount will be returned back to the buyer within 24hours (1 working day) after deducting transaction charges. The seller will be requested to compensate the buyer with the difference amount paid by the buyer or its client to purchase new ticket for the same route and same seat class. Though the airline might differ. The buyer needs to provide the proof of new purchase of the said ticket within 48hours to Fare Boutique and the seller. If the seller fails to compensate the buyer with the difference amount within 48hours of providing proof by the buyer, Fare Boutique will hold the right to cancel registration of the said seller with immediate effect. In such case no refund of the registration amount will be provided to the seller.
If the airline dissolves its operations due to any reason whatsoever, the purchase amount will be transferred to the seller. In such case, whatever compensation airline provides to the seller for the sold ticket, seller will have to transfer the same to the buyer within 24 hours (1 working day) of receiving such compensation.
Registration cannot be transferred or shared with any third party. In case It is found that the registrant is violating this condition, registration of the said registrant will be terminated immediately. No refund will be provided in such case.
Ticket Purchase – A buyer can apply for cancellation of a purchased ticket from Fare Boutique platform. Though it is recommended to speak with the seller before applying for the cancellation. If the buyer applies for cancellation of the ticket, it is sole discretion of the seller whether to cancel the ticket or not. The seller and buyer can mutually agree on a price to be refunded to the buyer. The decided price will be refunded within 24 hours (1 working day) to the buyer and the remaining amount will be transferred to the seller within 24 hours (1 working day). Payment gateway charges will be deducted from the buyer’s amount.