Flykiosk | Terms and Conditions Of Use

Please read this document carefully. By accessing or using this website/mobile application you agree to be bound by all of the terms and conditions specified in this Terms of use.

Flykiosk Private Limited, operating under the name of ‘FLYKIOSK’ is a company incorporated under the laws of India and is involved in the business of facilitating travel.

These Terms and Conditions of Use (hereinafter ‘Terms of Use’/ ‘Terms and Conditions’/’User Agreement’) pertains to the services made available at ____________and its equivalent Mobile Applicationavailable on ______________________.

The Flykiosk App and Website, on which the services are availed, will be hereinafter collectively referred to as ‘Platform’.

We request you to read the Terms of Use thoroughly, before using the Platform as it governs your use of the Platform and any other applications, products, websites and services owned and managed by the Company.

For the purpose of these Terms of Use, wherever the context so requires, ‘You’, ‘Your’, ‘Yourself’ or ‘User’ shall mean any natural or legal person or agency who registers on the Platform, browses the Platforms, inquiries about or avails services of Flykiosk through its platform, salespersons, offices, branch offices, franchisees, agents etc. (all the aforesaid collectively referred to as “Sales Channels”)

And

The term ‘We’, ‘Us’, ‘Our’ and ‘Flykiosk’ shall mean Flykiosk Private Limited.

We reserve the right to amend the Terms of Use at any time, which shall be updated on this page regularly, so that you are updated of the latest developments in the Platform. In case of any changes or updates, we shall endeavour to notify you of such changes at the earliest. Nevertheless, please ensure that you read our Terms of Use and any updated version thereof before proceeding to use the Platform or the Services, as the case maybe. The Terms of Use is subject to be amended without prior notice and it is your duty to be apprised of the same.

Eligibility

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and avail the services provided by Flykiosk.
If the User is a minor and wish to use the Platform, services on the platform shall be made available to you by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parent. If it is discovered that you are a minor or not competent as per the applicable laws, or any information pertaining to your age entered at the time of creation of account is false, we reserve the right to terminate your membership and/or block access to the Platform. You hereby acknowledge that Flykiosk is not responsible to ensure that you conform to the eligibility criteria.
The User shall read and understand this User Agreement before using the Website or procuring the services provided by Flykiosk and User shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions. If the User does not agree with any part of this Agreement, then the User must not avail the services provided by Website or any of its other Sales Channels. This platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and abide by them if you choose to use the sites, pages or services to which they apply.

All rights and liabilities of the User and Flykiosk with respect to any services shall be restricted to the scope of this User Agreement.

Services:

General Terms

In these Terms of Use, the term “Services” shall mean and include without limitation, the facilitation of booking flights, hotels, buses, transfers, Certificate attestations, sightseeing, events and other such activities that is accessible to all Users visiting the Platform. The foregoing meaning and scope of Services may be subject to change and the deﬁnition shall not in any way limit or restrict our right to add/omit/modify features to the Platform.
The bookings made available to the user, cancellation and refund policies through the platform are subject to the terms and conditions of the respective service provider and it is agreed that Flykiosk is merely an intermediary and all queries must be directed to the concerned service provider. The contract of service for utilization of the flight shall always between the User andthe concerned service provider.
You are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or detailed in the confirmed booking voucher, which is issued immediately once the booking is completed, which must be read along with these Terms of Service and the terms and conditions of the service provider. If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable to the same.
The services provided are on "as is" and "as available" basis, and the services may be changed in form, features or functionality at Flykiosk’s sole discretion without any prior notice. No advice or information, whether oral or written obtained by the User from Flykiosk or through allied services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

Document Attestation

1. In applying for Certificate / document attestation services through our website, users hereby agree and accept that we are not responsible for the inevitable delay in delivering documents in expected time frame happened due to changes in the rules, regulations and Acts on the formality or verification procedures of the respective countries, also we are not responsible for the delays from the part of third party Courier Company/postal services availed for document transportation.
2. We are not responsible for the damages occurred to the Certificates or any documents due to the negligence from part of Government Authority, because of Stapling or damage caused to the document in any manner whatsoever during the time of attestation.
3. In case the documents are lost, we will bear the cost involved in obtaining the duplicate copies only and shall not responsible for the issuance of new documents. If any rejections are received due to the submission of bogus/ fictitious/ doctored/forged documents provided by ,the user, we are not responsible to the consequences and if any document is found as doubtful, Flykiosk reserves rights to not to process the same .
4. User agree and accept that we are not be responsible for the direct or indirect loss arising from the above mentioned situations otherwise accepted here above and we shall not indemnify the consequential damages of any nature.

Visa

In applying for your visa, Flykiosk shall act a facilitator in preparing the application and submission of the same to different countries. You agree and understand that these services will be provided where permitted by the Government of the Country you are applying to visit and shall be bound by the rules and regulations of each country.
Users agree and accept that Flykiosk shall levy a service fee in addition to the application fee, consulate fee and any applicable disbursements required in respect of the VISA Application which would be intimated to the user from time to time.
User agrees and accepts that scrutiny of VISA applications differ from country to country and all services thereof will be in accordance with the rules and regulations of that particular country.
Flykiosk is merely a facilitator in filing the VISA application and in no way whatsoever guarantees the grant of VISA to the user. Flykiosk is not liable to refund the fee paid in the event the VISA is refused/rejected
Any overstay beyond the duration of Visa would invites penalty by the immigration department of the respective country. Payment of overstay penalties is to borne solely by the applicant and the applicant is fully liable for the same. Any penalty raised by immigration towards Flykiosk will be payable by the applicant in full and Flykiosk will not be responsible to pay the same whatsoever.
Flykiosk will not be responsible and liable to the Visa applicant, if the applicant if unable to travel due to denied boarding, offloading, cancellation of flight, delays, force majeure situations or any other cause or circumstances beyond their control.
Issuance of a visa or approval of visa application does not in any way give the applicant a right to the country. The entry is at the sole discretion of the Immigration officer at the Airport who is a representative of immigration of the country. In case of denial of visa or entry by the immigration of the respective country, Flykiosk shall in no way be liable to the applicant in any manner whatsoever.
If the processing of the visa application is prevented, delayed or restricted or interfered with for any reasons whatsoever resulting in delay by immigration department of the concerned country, Flykiosk shall not be liable to the applicant for any loss or damage which may be suffered by the Applicant.

Insurance

The invoice issued after booking the services will have the details of the insurance.
Insurance, if any provided at the time of booking the service on the platform, shall be as per the terms and conditions set by the service provider and in accordance with theinsurance policy. Flykiosk merely acts as an intermediary in connecting the User with insurance company.
The User shall contact the insurance company directly in case of any claims or disputes.
Flykiosk shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

Travel Packages

Flykiosk also provides Travel Packages which consist of one or more of its services. The user agrees and accepts that Flykiosk acts only in the capacity of an intermediary for the hotels, airlines, transfers and other services mentioned in these terms and conditions and all exchange orders, receipts, tickets and vouchers issued by us are issued subject to terms & conditions of the service providers.
Itineraries displayed through our platforms in respect of the travel packages are solely intended to give you a general insight about the likely trip schedule. Itinerary may be subject to change in accordance with numerous factors including weather, road conditions, health conditions,safety, comfort & general well-being and physical abilities of the users, as may be applicable. Flykiosk reserves the right to make changes according to the above-mentioned circumstances.
Flykiosk shall not be responsible for any delays & alterations in the travel package programme or any additional expenses incurred thereof or any loss, injury or damage to person, property, or otherwise in connection with any accommodation, transportation or other services, resulting – directly or indirectly – due to natural hazards, Act of GOD, flight cancellations, accident, breakdown ofmachinery or equipments, breakdown of transport, weather, sickness, landslides, political closures or any untoward incidents that are beyond our control.
Cancellation and refunds of travel packages shall be governed as per the terms and conditions mentioned by each service provider in respect of the same, in accordance with the terms and conditions mentioned herein.
It shall be the responsibility of the User to reach the place of commencement of the travel, in respect of travel packages and register with the representative of Flykiosk or service provider or tour manager at the designated place, date and time. If a User fails to arrive at such designated place on the agreed time or cancels whole or part of the travel arrangements after using part of the said package, such acts shall not be liable for any refund and any concerns regarding the same must be addressed directly to the concerned service provider.
Flykiosk cannot be held liable for any hazard to the health, safety and well-being of the User in the course of availing any or all activities in the travel package including sporting activities, rides, site seeing or any other activity mentioned in the travel package that may pose a threat of death or injury taken up by the User as a part of the travel package or in the user’s own capacity while on the travel. Any incidental damage or loss, injury, accident, death etc. suffered in the due course of any such activity shall be at the sole risk and liability of the User.

Prices and Payment

In addition to the cost of booking as charged by the Service Provider, Flykiosk reserves the right to charge certain fees as convenience fees or service fees. We further reserve the right to alter all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In the event of reissue of ticket as a result of acts including without limitation, exchange of date, modifications to the booking, addition of omission of persons, Flykiosk shall levy a service fee in addition to the additional amount charged by the respective service provider.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
Mode of payment: All payments made against the Services on the Platform by you shall be in _______________(currency). The Platform will not facilitate transactions with respect to any other form of currency with respect to the Services made available on the Platform. You can pay by

credit card or debit card, UPI or net banking;
any other RBI approved payment method at the time of booking
In respect of agencies, the payment mode shall also be by means of a payment gateway or a payment facility provided by Flykiosk, “Wallet”, the use of which shall be governed in accordance with the terms and conditions agreed upon them in
_________ Agreement.
You understand, accept and agree that the payment facility provided by Flykiosk is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Cancellation and refund

In the event that a booking does not get confirmed, for any technical reason whatsoever, Flykiosk will process the refund of the booking amount paid by the User within 5-7 business days from the date of receipt of the same from the service provider and intimate the User about the same through email.
Flykiosk is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and Flykiosk.
Cancellation of the booking will be in accordance with the policies of the concerned service provider.
Refunds upon cancellation will be processed by Flykiosk upon receipt of the same from the service provider, subject to deduction of applicable taxes.
The convenience fee, service fee or conversion fee, paid at the time of booking is not refundable.
Offers or discount or offers applied at the time of booking to the fee would be deducted from the refund amount.
Refunds, if any, on cancelled bookings will always be processed to the respective source, (credit card, debit card, wallet etc.) from which payment was made for that booking.

User’s Representation and Warranties

User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate rules and regulations.
User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by Useris correct, complete, relevant, and accurate.
User agrees that information provided does not belong to any other person to which the user does not have rights to.
User agrees that the information provided is not illegal in any way.
User agrees and Undertakes that the information provided shall not be or include material that is technically harmful, (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
User warrants that that the information provided does not infringe any patent, trademark, copyright or other proprietary rights
User warrants that the information provided does not impersonate another person
User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
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 of the concerned jurisdiction regarding use of the services for each transaction. Additionally, User also understands that they are bound by the terms of the ultimate Service Provider and they undertake to go through the same.
User undertakes and confirms that User shall not use Flykiosk’s website and/or services therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. User agrees and understands that she/ he shall be responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website

Limited Liability

Flykiosk always acts as a facilitator by connecting the User with the respective Service Providers like airlines, hotels, restaurants, bus operators etc. (hereinafter referred to as “Service Providers”) The liability of Flykiosk liability is limited to providing the User with a confirmed booking as selected by the User. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. Flykiosk shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on part of any Service Provider.
Unless explicitly committed by Flykiosk as a part of any of its services, it shall not assume liability for the non-availability,deficiency of standard, quality and accuracy of services provided by the respective Service Providers.
User acknowledges and understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. By making a purchase or availing of services, the contract of service is between User and Service Provider.

10.Account and Security

The User may access the Website and its services either by registering to the Website or using the Website as a guest. If you wish to register yourself with the Website, you shall be required to create an account by filling in the details prescribed in the Website registration form. You will be then able to create a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Flykiosk all are not liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
Users of the Website may be required to provide certain Personal Information and expressly permit the Website from accessing and/or collecting and retaining such Personal Information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the Personal Information of the Users shall be subject to the Website’s Privacy Policy available at Privacy Policy link provided on the Website.
If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused because of failure in maintaining security by the relevant User.
If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Flykiosk be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Flykiosk in this regard.

11.Links to third party sites

This Website may contain links to third party websites which are provided for your convenience. Flykiosk does not control such websites, and is not responsible for their contents under any circumstances and the inclusion of links to such web sites does not imply any endorsement of the material on such Websites or any association with their operators.
Your correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between you and such parties. You agree that Flykiosk shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on our website.

WhatsApp Services

Flykisok provides users with WhatsApp services for sharing details in respect of the service availed, booking details, sharing Itineraries,contact information of service providers or related agents, marketing and promotional purposes customized to the user’s requirements, offers and discounts as may be applicable, if the user provides consent and provides the WhatsApp number through the website. Any information shared via WhatsApp shall be in compliance with the Privacy Policy. The user herein expressly agrees and accepts that such services provided by Flykiosk will only be provided that the user expressly opts for the same through its website.

13.No Unlawful or Prohibited Use

User hereby agrees to and warrants that User will not use this Website or any of its services for any purpose that is unlawful or prohibited by these terms, conditions and notices.

14.Online Bookings

The online booking of the products and services made available through this website is subject to availability. Your booking request will be processed for confirmation of prices and availability of services requested by you. Only on confirmation to you about the prices and availability, Flykiosk will be bound to provide you the requested services subject however to you making full payment and complying with the relevant terms and conditions. Any correspondence with, you prior to Flykiosk aforesaid confirmation, will not be treated as any acceptance of your request.

15.Intellectual Property

Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
All IPR on the Website exclusively belong to either Flykiosk or the third-party sellers. Under no circumstance shall any User infringe in any way such IPR of the Website, a third-party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
All those IPR arising out of domain names, Internet or any other right available under applicable law shall vest in the domain of Flykiosk and/or its affiliates as the owner of such domain name.The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising because of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty-party owner of such Intellectual Property Rights.

16.Force Majeure

There can be exceptional circumstances where Flykiosk and/or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, delay in visa stamping,route, and flight cancellations etc. or any other reason beyond the control of Flykiosk. If Flykiosk has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that Flykiosk is only a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
In no event shall Flykiosk and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

17.Termination

Flykiosk reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Flykiosk may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Flykiosk reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Flykiosk chooses to terminate it in its sole discretion and without advance to you.

18.Jurisdiction

This Website originates from Ernakulam District in Kerala, India. This Agreement will be governed by the laws of the Union of Indian and the State of Kerala without regard to its conflict of law principles to the contrary. Neither you nor Flykiosk will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Ernakulam District, Kerala. By using this Website or utilizing its services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

19.Grievances

Please contact us for any questions or comments regarding this Website at [email protected]

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