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. Ammendment and Cancellation Policy
If a Vendor cancels a confirmed booking made via the Website:
- FABgetaways will refund the total price paid by the User for such booking to the applicable User within a commercially reasonable time of the cancellation;
- If applicable, the User will receive an email or other communication from FABgetaways containing available alternative listings of the earlier previously desired Services as offered by and available with the Vendor;
- If the User requests booking from one of the enlisted alternatives and the concerned Vendor confirms the User’s booking request, in that case the User agrees to pay FABgetaways the differential cost relating to the confirmed booking for the desired Service, in accordance with these Terms.
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.
FABgetaways will provide a refund where:
- It is required by an applicable law to do so;
- The Company has advertised or made an error of misrepresenting the offer that is the subject of the purchase in question;
- Prior to the redemption of the offer during the validity period as provided in the fine print of that offer, the Service Provider of the offer ceases trading or ceases to provide the subject matter of the Deal.
Also note that any accidental package purchases will incur a processing fee.
Other 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. Limiatation 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. 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).
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE AVAILING ANY SERVICES ON THE PLATFORM. ANY SERVICE AVAILED BY THE USER THROUGH THIS TRAVEL DISTRIBUTION SERVICE SHALL SIGNIFY USERS’ ACCEPTANCE OF THE TERMS & CONDITIONS AND SHALL BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, USER SHALL ALSO BE BOUND BY ADDITIONAL TERMS OF OFFER FOR SERVICE ISSUED BY THE VENDOR AT THE PLATFORM. IF THERE IS ANY CONFLICT BETWEEN THE TERMS & CONDITIONS OF FABGETAWAYS AND THE ADDITIONAL VENDOR TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SERVICE.
Terms and Conditions for the FABgetaways Fairmont Ultimate Resort Experience Contest
1.1. This contest (the “Contest”) is organised by Hunky Dory Travel Pvt Ltd (operating as FABgetaways, the “Organiser”).
1.2. Submitting an entry automatically means you are agreeing to abide by these terms and conditions.
2.1. The Contest commences at 12.00pm on 11th September 2018 and closes at 11:59pm on 18th September 2018. (“Contest Duration”).
2.2. Entries must be submitted by the deadline stated in the respective social media posts (the “Deadline”). All times stated are as per Indian Standard Time. The Organiser reserves the right to amend the Deadline at any time without prior notice. All entries received thereafter will automatically be disqualified. The closing date is as specified in each competition, and FABgetaways reserves the right to amend the competition end date at any time.
3. Eligibility to enter
3.1. The Contest is only open to all participants above the age of 18 years with a permanent residential address in India, with a valid Indian Passport, excluding employees and their immediate families of the Organiser.
3.2. To enter Eligible Entrants must, during the Contest period:
3.2.1. Enter the Contest page
3.2.2. Fill in all your required details.
3.2.3. Upload the picture and hashtag.
3.2.4. Like our Social Media Page.
3.2.5. Become a member of FABgetaways and submit your entry.
3.3. Eligible Entrants are permitted one entry per Facebook account.
3.4. All entries submitted must NOT contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales or use of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate, in the sole discretion of the Organiser, nor may the name submitted contain any derogatory references to the Organiser or any other person or entity including brands or trademarks of the Organiser or any other person or entity.
3.5. When you submit your entries, you agree and represent that you have created this content or own the copyright to the submitted content.
3.6. Copyright in all images submitted for this Contest remains with the respective entrants. Once submitted, entrants grant the Organiser permission to feature the submitted images in any of its publication, website, Facebook, Twitter, Instagram Pages and/or any promotional material related to the Contest.
3.7. The Organiser reserves the right to remove, in its sole and absolute discretion, any submission deemed inappropriate or that does not comply with the Contest Terms and Conditions.
3.8. Participants are required to be able to submit all necessary requested information when asked by official the Organiser representative(s). Except as otherwise stated in these Contest Terms and Conditions, personal information collected in connection with this Contest will be used in accordance with the privacy notice found in the section below. Any communication or information transmitted to the Organiser and/or the Facebook page by messaging or otherwise is and will be treated as non-confidential and non-proprietary. Submissions become the exclusive property of the Organiser and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry.
3.9. The Organiser is not responsible for any technical malfunction of any communications network or any lost, late, delayed, ineligible, incomplete, corrupted or misdirected entries, howsoever caused.
3.10. The time of entry will be deemed to be the time the entry is received by the Organiser.
3.11. The Organiser reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
3.12. If there is a dispute as to the identity of an Eligible Entrant, the Eligible Entrant will be deemed to be the person in whose name the Facebook account used to enter the competition is held.
4. Selection of winners
4.1. Winners will be selected based on the quality of their submissions. The Organiser reserves the right to judge the quality of submissions and select the winners based on their subjective opinions. The decision made by the Organiser will also be final and non-negotiable. Any dispute arising out of the present content shall be subject to the jurisdiction of courts at Ahmedabad.
4.2. The Organiser reserves the right to select additional winners in our sole and absolute discretion and is not required to provide any explanation.
5. Announcement of the winner
5.1. Results will be announced within 7 business days after the End Date of the Contest, and if you are the winner, you will be contacted via Facebook, telephone or e-mail. All information gathered will be used to verify the winners’ eligibility and will remain private with the Organiser. The name of the winner may or may not be published on facebook.com/FABgetaways.
5.2. If a winner cannot be contacted or does not respond within seven (7) working days after the announcement, the prize or prize notification will be invalid and the winner forfeits all rights to any prize. All decisions of the Organiser are final and binding in all respects.
5.3. The Organiser reserves the right to disqualify the winner after announcement due to ineligibility of the winner. The Organiser reserves the right to reject any photos which we, in our sole and absolute discretion, deem offensive, violative of law or unsuitable in any other manner. The Organiser is not required to provide any explanation for the rejection.
6. The prize
6.1. There will be one (2) prizes. The maximum total prize value is INR 1,66,702. The Organiser accepts no responsibility for any variation in the value of the prize. It is a condition of accepting a prize that the winner accepts all conditions of use of the prize.
6.2. The prize includes:
6.2.1. 3-night stay at Fairmont Ajman or Fairmont Fujairah for two adults.
6.2.2. Daily buffet breakfast
6.2.3. 30 minutes massage per person, once during the stay
6.2.4. Private check-in area
6.2.5. Welcome drink upon arrival and amenities in the deluxe room along with a personalized welcome kit
6.2.6. Unlimited service of select alcoholic beverages and soft drinks during meals and at designated hotel bars from 11 am to 11 pm
6.2.7. If you win Fairmont Ajman: Buffet breakfast and dinner in Spectrum and Lunch Set menu in Gioia or Driftwood Or alternatively AED 100 dine around credit per person per day per meal (this amount cannot be accumulated)
6.2.8. If you win Fairmont Fujairah: Buffet breakfast and dinner in Canvas and Lunch as Set menu in Canvas Or alternatively AED 100 dine around credit per person per day per meal (this amount cannot be accumulated)
6.2.9 Roundtrip airport transfers from Dubai International Airport.
6.3. The redemption of the prize is subject to black-out dates. Available dates are decided by Fairmont Ajman or Fairmont Fujairah reserves the right to accept or decline any redemption request.
6.4. The redemption of the prize may be subject to additional terms & conditions specific to Fairmont Group of Hotels and Resorts.
6.5. No prize or part of a prize is exchangeable for cash, or services.
6.6. Vouchers or the prizes are non-transferrable. In case, if an advertised prize is not available, we reserve the right to offer an alternative prize.
6.7. The prize does not include flights, travel insurance, passports, visas, meals, any taxes that may not be included in the prize, ground transportation, or any other costs of a personal nature. Compliance with any health or other government requirements is the responsibility of the prize-winner and their companion. The Organiser makes no representation as to the safety, conditions or other issues that may exist at any destination. Prize travel is subject to FABgetaways’ general terms and conditions.
6.8. The Prize must be redeemed by 20th February 2019.
6.9. Advance booking is mandatory. Please contact us at email@example.com to book your stay, mentioning the desired dates of stay. Our team will contact the hotel to check on the availability of the desired dates. In case the desired dates are not available, we will propose alternative dates, which must be accepted. Bookings must be made at least 45 days prior to the desired travel date.
6.10. The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
6.11. It is the responsibility of the prize winner to ensure they have a valid passport (valid for at least 6 months post the travel dates/prize redemption dates), visa and travel insurance.
7.1. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Organiser and which prevents the Organiser from complying with these terms and conditions, the Organiser will not be liable for any failure to perform or delay in performing its obligations and the Organiser reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
7.2. The Organiser, its related bodies corporate and their respective officers, employees, contractors and agents will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties.
7.3. Participants agree to allow all information provided to be used for research and statistical analysis. This information will not be sold or given to any third-party organisation outside of the Organiser.
7.4. Participants grant the Organiser the rights necessary for distribution and public display of any content submitted as part of this competition, and hereby grants the Organiser the perpetual right to exclusively, royalty-free and without limitation freely use, modify, edit, copy, reproduce, distribute, broadcast, translate, create derivative works from, alter and publicly display or publish any such intellectual property rights, for whatever purpose, in any form or medium, either on this web-site or elsewhere, whether promotional or in other activities or events arranged by the Organiser, whether locally or worldwide.
7.5. Participants also grant the Organiser the right to use such participant’s name, likeness, biographical information and photo submitted in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website, Facebook page or the campaign or other promotions, and hereby release the Promotion Entities from any liability with respect thereto. The participant may also be required to star in promotional campaigns after the winner is announced, which may or may not include videos, photos and audio clips. Please also note that by signing up to this contest, participants have agreed to become members of FABgetaways.com and have agreed to subscribe to FABgetaways’ newsletter.
7.6. Participants agree that the Organiser (a) except in respect of death or personal injury caused by negligence shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the campaign or any campaign-related activity.
7.7. The Organiser shall have no obligation (express or implied) to use any name submitted, or to otherwise exploit any name submitted or, if commenced, to continue the distribution or exploitation thereof, and the Organiser may at any time abandon the use of the any name submitted for any reason, with or without legal justification or excuse, and participants shall not be entitled to any damages or other relief by reason thereof.
7.8. By accessing our website www.fabgetaways.com, our Facebook page, our Twitter page, our Instagram page, our mobile site or our flash banners, participants agree to be bound by these Terms and Conditions.
7.9. The Organiser reserves the right to change any terms and conditions of the contest without prior notice.
7.10. This contest is in no way sponsored, endorsed, administered by or associated with Facebook.