Definitions & Scope of Agreement
www.FABgetaways.com (the “ Site”, the “ Website”, or the “ Platform”), is owned, operated and maintained by Hunky Dory Travel Private Limited (“ FABgetaways”, or the “ Company” and other similar terms), a company incorporated under the laws of India, registered at the following postal address- A-201, Mondeal Heights, Near Novotel Hotel, Ramdevnagar, S.G Highway, Ahmedabad, Gujarat - 380015, INDIA.
The Company shall provide you (the “ User”) travel-related information regarding the following but not limited to pricing, availability and bookings for airlines, other transport services, hotels, railway, holiday packages, across several locations across India as well as select countries in Asia (the “ Services”, or “ FABgetaways Service(s)”). The Site and the Services are, collectively referred to as the “ Company Products, or simply the “ Products”. These Services are offered to the User by various third-party vendors/merchants such as airlines, hotels, holiday resorts, etc. (the “ Service Provider(s)”)
This Master User Agreement (the “ Agreement”) is applicable to all the Services and Products provided by FABgetaways. You agree to the Terms of Services (“ TOS”, the “ Terms, or the “ Conditions”) set forth in this document by:
- Using or accessing the Company Products, including, but not limited to travel/hotel booking services and all or any related information provided via the platform;
- Paying for self-usage or someone else to use or access the Company Products.
The TOS, delineated throughout this document create a legal and binding contract between you and the Company. By using the Company Products, you represent and validate that you have read, understood, and agreed to be bound by these terms. In case you do not agree to these terms, you should not proceed to use and are henceforth prohibited from using all or any portion of FABgetaways Services. 1.4 FABgetaways is a Travel Distribution Service with an online intermediary Platform that facilitates online booking and purchase of travel packages and other travel related services offered by various third-party Service Providers.
The Service Providers are solely responsible to the User for the Services sold or for redemption of any travel Voucher purchased by User through the Platform. FABgetaways' deliverable is limited to facilitating the communication, purchase and other related transactions between the User and the Service Provider in regard to the Products and Services offered on the Website.
FABgetaways only routes payments from Customers. The Company does not guarantee payments to Service Providers for amounts that have not been successfully received by the Company from Customers/Users.
FABgetaways reserves the right not to accept any order placed by the User via the Website at its own discretion, without assigning any reason thereof. Any contract or agreement to provide any Service offered by FABgetaways will not be deemed complete unless and until full payment towards the Service is received from the User and accepted by the Company.
2. Modification of TOS
FABgetaways reserves the right to modify the terms, conditions and notices under which the Services are offered via the Website, including but not limited to the fee or charges for the Services offered on the Website. The User is hereby advised and shall be deemed responsible to regularly review these TOS before accessing and/or availing any services provided by the Company.
4. User Conduct
The User agrees and undertakes not to sell, resell or exploit for any commercial purposes, any portion of the Services provided by the Company.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the name, FABgetaways is stated as the source.
5. General Disclaimer
FABgetaways strives to ensure that all the information provided by it, is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or credibility of any data or information. FABgetaways makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
To the extent FABgetaways acts only as a booking agent and facilitator of Services on behalf of third party Service Providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards and rendering of services by the Service Providers. FABgetaways shall further not have responsibility or liability in relation to the validity of the legal rights related to third party content. All third party intellectual property rights as displayed on the website are owned by respective parties and FABgetaways does not claim any rights over the same. The mere displaying of information about events, the intellectual property related thereto by third parties or further facilitating reservations in relation to third party events, does not in any way imply, suggest, or constitute FABgetaways’s sponsorship or approval of related third-parties, or any affiliation between FABgetaways and any such thirdparties.
FABgetaways does not endorse any advertiser and/or their services on its website in any manner. The User is requested to verify the accuracy of all such information on their own before undertaking any reliance on such information.
FABgetaways only provides information and related services to facilitate and assist travel and tourism to various destinations across India as well as select countries in Asia, it does not take any responsibility for any damage or loss to person or property that may result from travel to such destinations.
In no event shall FABgetaways be liable for any direct, indirect, punitive, incidental, special, consequential or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or Services purchased or obtained or messages received or transactions entered into through the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing Services from FABgetaways.
Neither shall FABgetaways be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by the Service Provider, or for any information, software, products, services and related graphics obtained from FABgetaways, whether based on contract, tort, negligence, strict liability or otherwise. Furthermore, FABgetaways shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond the Company’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c)negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of FABgetaways arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User for providing the Services less any cancellation, refund or others charges, as may be applicable. In no case the Company shall be liable for any consequential loss, damage or additional expense whatsoever. In no event FABgetaways shall be liable for any kind of refunds/returns of charges/fee/fares paid to the Service Provider for rendering the services to the User/Customer.
6. Third Party Links
The Website may include links or references to other websites or services solely as a convenience to the User (the “ Reference Sites”, or “ Third-Party Sites”). The Company does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through such Reference Sites.
Access and use of reference sites and such links, including the information, materials, products, and services on or available through reference sites is solely at the User’s risk and discretion.
7. Other Prohibited Conduct
As deemed under this Agreement, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement, both specific and implied.
The Website may contain Services such as the following but not limited to email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other messages (collectively referred to as the “ Communication Services”). The User agrees and undertakes that when using such services, the User will not engage in prohibited activities as described below (without limitation):
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or any other User’s Computer System;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Falsify or delete any author attributions, legal or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
8. User Submitted Content
The Website contains and offers features that allow the User(s) to submit, upload and post content such as comments, statements, files, etc. (“User-submitted Content”) via email, chat, forums and other such services (as mentioned in 7.2). FABgetaways does not take any responsibility for the legitimacy, authenticity and/or credibility of any such User-submitted Content.
FABgetaways reserves the right to review any such User-submitted Content and shall remove any material in its sole discretion. The Company reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FABgetaways reserves the right to disclose any information if necessary to satisfy or comply with any applicable law, regulation, legal process or governmental procedure.
9. User Obligations
The User must affirm that he/she is of legal age to enter into a binding agreement with FABgetaways. The User must also affirm that they are not barred from availing the Services by any applicable law or regulation.
The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password and/or user id. The User is also responsible for the security of their password and for all transactions undertaken using their password through our Service. FABgetaways will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using our Services
The User also agrees to:
- provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the registration form (“ Registration Data”) on the Website; and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or FABgetaways has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate such User's registration and refuse any and all current or future use of the Website and/or any Service.
10. Copyright & Intellectual Property
The Website is owned and operated by Hunky Dory Travel Pvt. Ltd. The visual interfaces, graphics, design, compilation, information, computer code, software, services, content, videos, etc. and all other elements of the Website (the “Website Materials”) are protected by the laws of Republic of India and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights including the Indian Copyright Act of 1957.
FABgetaways grants to you a non-exclusive, non-transferable right to access and use the Website Information as made available on the Website, solely for your personal, non-commercial purposes. Unless expressly indicated on the Website, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Website Information and content to any third party.
Modification of the said materials or use of Website Materials on any other website or online platform or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. In case of any such violation, FABgetaways may sue the infringer via legal proceedings as per the applicable law and refuse access to any or all Company Products.
11. Buy Now & Book Later
FABgetaways features a ‘Buy Now & Book Later’ service which allows Users to purchase a ‘Holiday/Travel Package’ in advance and book travel dates at a later time (within 14 days of purchase). In order to avail the above-mentioned service, you will be required to:
- Log into your FABgetaways account
- Click on the relevant deal
- Select the “Buy now / Book later” option
- You will get a confirmation email with details about the booking but no voucher will be generated;
- In order to book your trip, you will need to go to your FABgetaways account to book the dates, within 14 days of the initial purchase
- The purchase in your FABgetaways account expires 14 days after the initial date of purchase and FABgetaways is not liable to honor the purchase thereafter and shall not be required to provide any refunds.
You will be required to produce a booking confirmation at check in. In the event that you forget, lose, misplace or have the confirmation stolen, you will be required to produce another copy of the confirmation. Neither FABgetaways, nor the Service Provider, shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a travel voucher/booking confirmation upon request.
12. Gift Cards
Gift Card(s) means the gift card that you have purchased or received along with the accompanying Gift Card Code.
Gift Card Code means the accompanying redemption code for the Gift Card which is provided at the point of sale following the purchase of the Gift Card.
Remaining Gift Card Value means, at any time, that portion of the initial value of your Gift Card which is unspent and can be accessed as a credit on your Account in accordance with these Terms.
Users can purchase and use ‘Gift Cards’ on the Platform to pay for travel Services as an alternative to cash payment.
FABgetaways Gift Cards are subject to the following conditions and are to be utilized accordingly:
- The Gift Card is only redeemable to purchase featured packages on the Website up to the value stated.
- Defaced, mutilated, altered, lost or stolen Gift Card Codes cannot be replaced, refunded or redeemed;
- The Gift Card and the accompanying Gift Card Codes are not redeemable for cash.
- The Gift Card and the accompanying Gift Card Codes will expire in 12 months from the date of activation.
- Cash will not be given or credited for any unused amount.
- Gift Cards cannot be used to purchase Gift Cards or other forms of payment.
- Gift Cards cannot be used to purchase airfares, insurance or any other ancillary products or services not included in a featured package.
- Gift Cards cannot be cancelled once they are issued except if voided by the Company, if their value is used or if they expire.
In order to redeem a Gift Card you must register as a member of FABgetaways on the Website. Any remaining Gift Card Value may be used in whole or part as a credit in your Account to be used for future purchases until the Remaining Gift Card expires, no change will be issued for the remaining Gift Card value.
In case you wish to make a purchase for an amount that exceeds the Gift Card value or the Remaining Gift Card Value, you must pay the excess using another payment method.
It is advisable to treat your Gift Card like cash, therefore, lost or stolen Gift Cards will not be replaced or refunded. The holder of the Gift Card will be considered by Us to be the owner of the Gift Card.
13. Charges and Pricing Information
User can create free membership accounts on the Marketplace. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Marketplace.
It is to be duly noted that all product information displayed on the Website including description (text + images),are only indicative (or close approximation) of the actual product. Therefore, any such information may be subject to change/modification upon purchase. FABgetaways does not accept any responsibility with regard to any such changes or modifications.
The pricing information may be subject to change or periodic updates depending on the latest exchange rates. However, FABgetaways does not take any responsibility with regard to the accuracy of any such pricing information in relation to exchange rates.
FABgetaways endeavors to provide Users through its Vendors best possible prices for the Services enumerated on the Platform. However, FABgetaways does not guarantee that the price will be the lowest in the city, region or geography.
While FABgetaways endeavors to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, the Company may, at its discretion, either contact User for instructions or cancel User’s booking and notify User of such cancellation.
14. Gateway Charges
Please note that FABgetaways cannot control any fees that may be charged to User by his/her bank related to such a transaction and the Company disclaims all liability in this regard.
15. Amendment and Cancellation Policy
Please refer to the fine print of the deal booked for a detailed amendment and cancellation policy.
16. Refund Policy
Certain bookings made via FABgetaways may be cancelled with a full or partial refund provided that such cancellation is made strictly within 7 days from the date of purchase and provided that the cancellation is made no less than 30 days prior to the check-in date. Failing the aforementioned, bookings may not be subject to a refund unless otherwise stated in the Refund Policy. In order to avail the refund, Users may get in touch with FABgetaways via the information provided in the 'Contact Us' section of the Website.
Conditions for disqualification / denial of refund
In addition to the conditions stated in section 16.1 of the TOS, given below are additional circumstances where a refund may be denied by the Company.
- If the refund request is made after the validity of the offer is expired
- If you have simply decided not to utilize the offer post purchase for any reason whatsoever
- If you are unable to schedule your preferred time to experience the offer
- If you lose or misplace your travel package or booking confirmation
- If the Service Provider on behalf of whom we are advertising the offer does not honor the terms of the offer because you have failed to present the package on redemption
- If you cannot redeem the offer prior to the end of the redemption period due to travel commitments
- If you cancel a scheduled booking such that the cancellation voids the package in accordance with the Service Provider’s cancellation policy
- If the package experience did not meet your general expectations for whatever reason;
- If the Business does not have availability to redeem your package because you have not attempted to make a booking within a reasonable period of time (as determined by FABgetaways) from the expiry date.
- If the Company has reason to believe that the refund request in question does not fall within the scope of this Refund Policy, is incorrect/deceptive or fraudulent.
Also note that FABgetaways is under no legal obligation to provide you with reasons as to why your request has been refused.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FABGETAWAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FABGETAWAYS, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FABGETWAY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The User agrees to indemnify, defend and hold harmless FABgetaways 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 FABgetaways that arise out of, result from, or may be payable by virtue of, any breach or nonperformance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
If any provision of these Terms is found to be illegal, void or unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
20. Termination of Agreement and Services
FABgetaways may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason.
You are free to terminate your use of the Company Products at any time. You can simply choose to stop visiting or using Company Products or delete your login Account with the Website.
21. Force Majeure
FABgetaways shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:
- beyond the reasonable control of a party,
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against
22. Governing Law
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, GUJARAT (INDIA).
FABVouchers: - Maximum 1 voucher of each denomination can be purchased by a single member, however only 1 voucher can be applied per booking - The voucher code will be valid till 31st March 2021 for usage and can be applied on all deals on the website - The code can be applied only on the website - The vouchers are non-refundable - The vouchers can only be used for new bookings made on or after 3rd April 2020 and can't be combined with any past bookings/amendments etc - All vouchers are to be purchased with a 100% pre-payment