Maa Air Ticket Centre Pvt Ltd Terms of Service
This web site www.airticketcentre.com (the
“Site”) including the mobile site, Smartphone App Platforms such as iOS,
Android, Windows is published and maintained by MATCPL, a company incorporated
and existing in accordance with the laws of the Republic of India (together
with its subsidiaries and other affiliates, “us”, “We”, “our” or “MATCPL ”). By
accessing or using the Site or by using the Service on the Site you agree to be
bound by these terms and conditions set forth below including any additional
guidelines and future modifications. When you access any sub-site, webpage,
hyperlink (whether belonging to an ‘associate’ of MATCPL or otherwise) through
this site, then such sub-site may have its own terms and conditions of use
which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage,
hyperlink may contain such additional terms and conditions of use as may be set
out in such sub-sites, webpage, hyperlink.
MATCPL may add to,
change or remove any part of these Terms and Conditions of Use at any time,
without notice. Any changes to these Terms and Conditions of Use or any terms
posted on this Site apply as soon as they are posted. You shall re-visit the
“Terms & Conditions” link from time to time to stay abreast of any changes
that the “Site” may introduce.
Your
Agreement to these Terms and Conditions for availing Service
The Terms and
Conditions is a legal contract between you being, an individual customer, user,
or beneficiary of this service, and MATCPL having its registered office
at B22 Flatted Type Bldg, LBS Marg, Thane West, Mumbai 400604. India.
MATCPL acts as an
“Intermediary” solely to assist customers in gathering travel information,
determining the availability of travel-related products and services, making
legitimate reservations or otherwise transacting business with travel
suppliers, and for facilitating travel requirements. You acknowledge that
MATCPL merely provides intermediary services in order to facilitate services to
you. MATCPL is not the last mile service provider to you and therefore MATCPL
shall not be deemed to be responsible for any lack or deficiency of services
provided by any person or entity including airline, hotel, activity provider or
similar agency), you shall engage, hire from the content available on the Site.
Use
of the Website
As a condition of your
use of this Website, you warrant that:
· you possess the legal authority to create a
binding legal obligation and enter into these Terms of Use.
· you will use this Website in accordance with the
Terms of Use,
· you will use this Website to make only
legitimate reservations for you or for another person for whom you are legally
authorized to act,
· you will inform such other persons about the
Terms of Use that apply to the reservations you have made on their behalf,
including all rules and restrictions applicable thereto,
· you will provide your proper and accurate Name
(as per Passport or any other office ID), Address, Email ID, Cell
Number . You will be solely responsible for the Information provided and in
case of any error or mistake in provision of information, MATCPL will not be
liable for the same
· all information supplied by you on this Website
is true, accurate, current and complete,
· if you have an online account with this Website,
you will safeguard your login details – login ID and password and will
supervise the same. You will be completely responsible for any use or misuse of
your account by you and anyone other person other than you.
MATCPL retains the
right in its sole discretion to deny access to anyone to this Website and the
services we offer, at any time without notice and for any reason, including,
but not limited to, for violation of these Terms of Use.
Communication
Policy of the site
· Upon transacting on the Site, you will receive
an e-mail from MATCPL informing the status of your transaction. The e-mail will
be sent to e-mail address provided by you and MATCPL is not responsible towards
the receipt of the said e-mail in your inbox. You will have to take due care
and caution. You are responsible for entering the proper and accurate contact
details including your name (as per Passport), email ID to ensure that we can
effectively communicate with you.
· The customer acknowledges that the SMS (Short
Messaging Service) provided by MATCPL is an additional facility provided for
the customer’s convenience. It is not mandatory under the law in force to
provide SMS service
alerts to the customers. In case you do not receive any SMS for
whatsoever reason, MATCPL is not liable for the same.
· MATCPL is not responsible to provide information
on any change in flight schedules, cancellation, status of airline/hotel etc.
· Any grievance regarding the service should be
communicated as per the grievance policy laid out herein.
Site
and its Content
This Site is only for
your personal use. You shall not copy, license, adapt, distribute, exchange,
modify, sell or transmit any content or material from this Site, including but
not limited to any text, images, audio, video or links for any business,
commercial or public purpose.
MATCPL grants you a
non-exclusive, non-transferable, limited right to enter, view, use and transact
on this Site. You agree not to interrupt or attempt to interrupt the operation
of this Site in any way. Access to certain areas of the Site may only be
available to registered members. To become a registered member, you may be
required to answer certain questions and provide certain details. Answers to
such questions and details is mandatory. You represent and warrant that all information
you supply to us, about yourself, and others, is true and accurate.
You understand that
except for information, products or services clearly indicated as being
supplied by MATCPL , we do not operate, control, or endorse any information,
products or services on the Internet in anyway. You also understand that MATCPL
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of viruses, worms or other code that may be
damaging. You are responsible for implementing procedures to satisfy your
particular requirements and for accuracy of data input and output.
MATCPL may add,
change, discontinue, remove or suspend any other Content or services posted on
this Site, including features and specifications of products described or
depicted on the Site, temporarily or permanently, at any time, without notice
and without liability.
Ownership
All materials on this
Site, including but not limited to audio, images, software, text, icons and
such like (the “Content”), are protected by copyright under international
conventions and intellectual property laws. You cannot use or license the
Content, except as specified herein. You agree to follow all instructions on
this Site limiting the way you may use the Content.
There are a number of
proprietary logos, service marks and trademarks found on this Site whether
owned/used by MATCPL or otherwise. By displaying them on this Site, MATCPL is
not granting you any license to utilize those proprietary logos, service marks,
or trademarks. Any unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, civil and criminal statutes.
The content and
information on this Website (including, but not limited to, price and
availability of travel services), as well as the infrastructure used to provide
such content and information, is proprietary to us or our suppliers and
providers.
While you may make
limited copies of your travel itinerary (and related documents) for travel or
service reservations booked through this Website, you agree not to otherwise
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any
information, software, products, or services obtained from or through this
Website.
Availability, Rules of Service
The products and
services displayed on the Site may not be available for purchase in your
particular country or locality. The reference to such products and services on
the Site does not imply or warrant that these products or services will be
available at any time in your particular geographical location. The products
and services also are subject to availability, MATCPL shall not be responsible
if at the time of completing the transaction on the Site, the product is not
available or is sold out. You should check with customer support for the
availability of specific products and services in your area.
All the products and
services available on the Website are governed by the rules of service and
regulations including the terms of contract of carriage, of the respective
service provider. You are requested to refer to, acquaint and abide by those
rules of service and regulations of the respective service provider, prior to
booking with us.
Visa
Guidelines
Your travel to foreign countries may
be subject to the visa and other immigration related requirements as maybe
prescribed by appropriate authorities from time to time. You hereby understand
and agree that you shall have to procure the applicable visa and comply with
all applicable immigration requirements by yourself and MATCPL shall not be
under any obligation to inform you or assist you with obtaining the appropriate
visa (including transit-visas, on-entry visas, etc.) or with the concerned
immigration requirements. Further, MATCPL shall not be responsible for any
issues, including inability to travel, arising due to your failure to obtain
the appropriate visa or clear any immigration obligations that you may have.
Payments
MATCPL reserves
the right to charge transaction charge with regard to certain completed
transactions using the Services. These charges may also be altered by MATCPL
without any prior notice. You are solely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of the Services.
By using MATCPL for
all the online transactions, you authorize MATCP and its agents to transact
with your bank or other payment gateways on your behalf to obtain the necessary
information required to process payment, confirm payment, resolve inquiries and
billing disputes, and/or as otherwise required to manage the booking.
You hereby
understand that the status of your reservation/booking is contingent upon MATCPL
receiving the applicable fees/consideration/fares in its account and unless the
required amount is credited into MATCPL ’s account, it shall be under no obligation
to issue you with the relevant tickets, reservation confirmation or such other
confirmations in connection with the Services.
In case the
booking or reservation does not get confirmed for any reason, MATCPL is under
no obligation to make another booking to compensate or replace the earlier
booking. All subsequent bookings along with the required charges shall be
treated as new transaction without any reference to the earlier transaction.
All refunds shall take place as per the normal banking payment cycle.
Payment shall be
made through the payment gateways authorized by MATCPL You must adhere to the
terms and conditions which are described in the individual product through
which you choose to transact. MATCPL shall not be responsible for any damages
incurred by you while transacting through these payment gateways.
In order to
process the online payments, MATCPL may require details of your bank account,
credit card number etc.
Fares
and Prices
All product
prices quoted are subject to availability at the time of booking. The prices
mentioned on the website are not inclusive of taxes, airport charges, and other
additional costs, such as fuel levies, surcharges for internet bookings and
seasonal surcharges. Such taxes and charges are subject to change until tickets
are issued.
Some airport / Hotel
/ city taxes are not pre-paid and it is the customer's responsibility to pay
where applicable. Third party providers of travel and travel related services
may change their prices, packages, flights and other information displayed on
the website at any time. All products, services and information displayed on
the website are subject to change without notice.
Processing of Refunds
Refunds (If any) for cancellations will be
paid directly to the Client for booking made directly with the Company by way
of Demand draft/Crossed cheque/ Bank / Card transfer at the discretion of the
Company. For Bookings routed through our Travel agent, the refunds will be
routed through them. It would at least take 30 days to process refunds. There
is no refund payable for any unutilized services for any reason whatsoever.
MATCPL
Rights
If you send any
communications or materials to MATCPL by electronic mail or otherwise,
including any comments, data, questions, suggestions or the like, all such
communications are, and will be treated by MATCPL , as non-confidential.
You hereby give up any
and all claim that any use of such material violates any of your rights
including moral rights, privacy rights, proprietary or other property rights,
publicity rights, rights to credit for material or ideas, or any other right,
including the right to approve the way MATCPL uses such material.
Any material submitted
to this Site may be adapted, broadcasted, changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted or used by MATCPL anywhere in
the world, in any medium, forever.
Others’
rights
If this Site contains
bulletin boards, chat rooms, blogs, access to mailing lists or other message or
communication facilities, you agree to use the same only to send and receive
messages and materials that are proper and related thereto. By way of example
and not as a limitation, you agree that when using the Site or any facility
available herefrom, you shall not do any of the following:
· Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others
· Publish, post, distribute or disseminate any
defamatory, infringing, obscene, indecent or unlawful material or information
· Upload or attach files that contain software or
other material protected by intellectual property laws (or by rights of privacy
and publicity) unless the User owns or controls the rights thereto or has
received all consents thereof as may be required by law
· Upload or attach files that contain viruses,
corrupted files or any other similar software or programs that may damage the
operation of another’s computer
· Delete any author attributions, legal notices or
proprietary designations or labels in any file that is uploaded
· Falsify the origin or source of software or
other material contained in a file that is uploaded
· Advertise or offer to sell any goods or
services, or conduct or forward surveys, contests or chain letters, or download
any file posted by another user of a Forum that the User knows, or reasonably
should know, cannot be legally distributed in such manner.
· use this Website or its contents for any
commercial purpose;
· make any speculative, false, or fraudulent
reservation or any reservation in anticipation of demand;
· access, monitor or copy any content or
information of this Website using any robot, spider, scraper or other automated
means or any manual process for any purpose without our express written
permission;
· violate the restrictions in any robot exclusion
headers on this Website or bypass or circumvent other measures employed to
prevent or limit access to this Website;
· take any action that imposes, or may impose, in
our discretion, an unreasonable or disproportionately large load on our
infrastructure;
· deep-link to any portion of this Website
(including, without limitation, the purchase path for any travel services) for
any purpose without our express written permission; or
· ‘frame’, ‘mirror’ or otherwise incorporate any
part of this Website into any other website without our prior written
authorization.
· Not to host, display, upload, modify, publish,
transmit, update or share the following:
i) Information belonging to another person for which the user does not have any
right.
ii) Information that is hateful, grossly harmful including harmful to minors,
pedophilic, invasive of another privacy, racially, ethnically objectionable,
disparaging, encouraging money laundering or gambling.
iii) Information that infringes any Patent, Trademark, Copyright or other
Proprietary rights.
iv) Information that deceives or misleads the addressee about the origin of
such message or communicates any information which is grossly offensive or
menacing in nature.
v) Information that threatens the unity, integrity, defense, Security or
Sovereignty of India, friendly relation with foreign states or Public order or
cause incitement to the commission of any cognizable offence or prevents
investigation of any offence or insulting any other nation.
vi) Information that impersonates another person.
If your booking or
account shows signs of fraud, abuse, or suspicious activity, MATCPL may cancel
any travel or service reservations associated with your name, email address, or
account, and close any associated MATCPL accounts. In addition, MATCPL may
verify (i.e. preauthorize) your credit card. If you have conducted any
fraudulent activity, MATCPL reserves the right to take any necessary legal
action and you may be liable for monetary losses to MATCPL , including
litigation costs and damages. To contest the cancellation of a booking or
freezing or closure of an account, please contact MATCPL Customer Service.
MATCPL reserves the
right to undertake all necessary steps to ensure that the security, safety and
integrity of MATCPL ’s systems as well as its client’s interests are and
remain, well-protected. Towards this end, MATCPL may take various steps to
verify and confirm the authenticity, enforceability and validity of orders
placed by you.
If MATCPL , in its
sole and exclusive discretion, concludes that the said transactions are not or
do not reasonably appear to be, authentic, enforceable or valid, then MATCPL
may cancel the said orders at any time up before the scheduled time of
departure of the relevant flight or before the expected date of visit to any
property booked through MATCPL .
Transmitted
Material
Internet transmissions
are never completely private or secure. You understand that any message or
information you send to this Site may be read or intercepted by others unless
there is a special notice that a particular message (for example, credit card
information) is encrypted (sent in code). Sending a message to MATCPL does not
cause MATCPL to have any special responsibility to you.
The copyright in the
contents of this website belong to MATCPL . Accordingly MATCPL reserves all
rights. Copying of part or all the contents of this website without permission
of MATCPL is prohibited except to the extent that such copying/printing is
necessary for the purposes of availing of the paid services provided.
Offers,
Contests and interactions
This Site may contain
contests that require you to send in material or information about yourself or
offer prizes. Each offers, contest and interactions has its own rules, which
you must read and agree to before you participate.
Disclaimer
and No Warranties
You acknowledge that
MATCPL is an intermediary and is not liable for any 3rd party (suppliers)
obligations due to rates, quality, and all other instances, whether to any such
subscribers or otherwise. You expressly agree that use of the services and the site
is at your sole risk. It is your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the site or on the internet generally. We do
not warrant that the service will be uninterrupted or error-free or that
defects in the site will be corrected.
The materials on this
site are provided and “as available,” “with all faults” basis and without
warranties or representations of any kind either expressed or implied.
Information, software, products, and services contained on this website, and
the inclusion or offering of any products or services on this website does not
constitute any endorsement or recommendation of such products or services by
MATCPL , MATCPL Affiliates and their respective suppliers. The material in this
Site could include technical inaccuracies or typographical errors. MATCPL may
make changes or improvements at any time. To the fullest extent permissible
pursuant to applicable law, MATCPL disclaims all warranties of merchantability,
relating to the information and description of the hotel , air or any other
travel products displayed on this website (including, without limitation, the
pricing, photographs, list of amenities, general product descriptions, etc.),
much of which information is provided by the respective suppliers. Hotel or any
other ratings displayed on this website are intended as only general
guidelines, and MATCPL , MATCPL Affiliates and their respective suppliers do
not guarantee the accuracy of the ratings. MATCPL , MATCPL Affiliates and their
respective suppliers make no guarantees about the availability of specific
products and services. MATCPL may make improvements and/or changes on this
website at any time. MATCPL and its third party suppliers, licensors, and
partners do not warrant or make any representations regarding the use or the
results of the use of the services, the site or any reference sites in terms of
correctness, accuracy, reliability, or otherwise.
MATCPL does not warrant
that the functions contained in this site will be uninterrupted or error free,
that defects will be corrected, or that this site or the servers that make it
available are free of viruses or other harmful components, but shall endeavor
to ensure your fullest satisfaction
MATCPL does not
warrant or make any representations regarding the use of or the result of the
use of the material on the site in terms of their correctness, accuracy,
reliability, or otherwise, insofar as such material is derived from other
service providers such as airlines, hotel owners and tour operators.
You acknowledge that
this Website is provided only on the basis set out in these terms and
conditions. Your uninterrupted access or use of this Website on this basis may
be prevented by certain factors outside our reasonable control including,
without limitation, the unavailability, inoperability or interruption of the
Internet or other telecommunications services or as a result of any maintenance
or other service work carried out on this Website. MATCPL does not accept any
responsibility and will not be liable for any loss or damage whatsoever arising
out of or in connection with any ability/inability to access or to use the Site.
General
Provisions
Indemnification
and Limitation of Liability
You agree to
indemnify, save, and hold MATCPL , its affiliates, contractors, employees,
officers, directors and agents harmless from any and all claims, losses,
damages, and liabilities, costs and expenses, including without limitation
legal fees and expenses, arising out of or related to your use or misuse of the
Services or of the Site, any violation by you of this Agreement, or any breach
of the representations, warranties, and covenants made by you herein.
In no event will
MATCPL be liable to you for any special, indirect, incidental, consequential,
punitive, reliance, or exemplary damages (including without limitation lost
business opportunities, lost revenues, or loss of anticipated profits or any
other pecuniary or non-pecuniary loss or damage of any nature whatsoever)
arising out of or relating to (i) this agreement, (ii) the services, the site
or any reference site, or (iii) your use or inability to use the services, the
site (including any and all materials) or any reference sites. In no event will
MATCPL or any of its contractors, directors, employees, agents, third party
partners, licensors or suppliers’ total liability to you for all damages,
liabilities, losses, and causes of action arising out of or relating to (i)
this Agreement, (ii) the Services, (iii) your use or inability to use the
Services or the Site (including any and all Materials) or any Reference Sites,
or (iv) any other interactions with MATCPL , however caused and whether arising
in contract, tort including negligence, warranty or otherwise, exceed the
amount paid by you, if any, for using the portion of the Services or the Site
giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever
is less.
Privacy
Policy
MATCPL believes in
protecting your privacy. Please click here to review our current Privacy
Policy, which also governs your use of the Website, to understand our
practices: Privacy policy
Notice
MATCPL may provide you
with notices and communications by email, regular mail or postings on the Site
or by any other reasonable means. Except as otherwise set forth herein, notice
to MATCPL must be sent by courier or registered mail to and MATCPL Private Limited
(MATCPL ) having its registered office at B22 Flatted Type Bldg, LBS Marg,
Thane West Mumbai 400604 India
Waiver
The failure of MATCPL
to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of
this Agreement will be effective only if in writing and signed by MATCPL .
Arbitration
As the acceptance
terms of Use constitute a valid and binding agreement, MATCPL may elect to
resolve any dispute, controversy or claim arising out of or relating to this
Agreement or Service provided in connection with this Agreement by binding
arbitration in accordance with the provisions of the Arbitration &
Conciliation Act, 1996. Any such dispute, controversy or claim referred to and
decided by a Sole Arbitrator appointed and nominated by MATCPL and you by
agreeing to the terms and conditions herein consent to the Arbitration. The
arbitration shall be conducted in Mumbai, India and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. The language of
Arbitration shall be English.
Either you or We may
seek any interim or preliminary relief from a court of competent jurisdiction
in Mumbai, India, necessary to protect the rights or the property of MATCPL (or
its agents, suppliers, and subcontractors), pending the completion of
arbitration.
Governing
Law and Forum for Disputes
Except as otherwise
agreed by the parties or as described in the Arbitration section above, you
agree that any claim or dispute you may have against MATCPL must be resolved by
a court located in India, India. You agree to submit to the personal
jurisdiction of the courts located within Mumbai, India for the purpose of
litigating all such claims or disputes. This Agreement shall be governed by the
laws of India, without giving effect to any principles of conflicts of law.
Grievance
Policy
MATCPL strongly
believes in a sincere and transparent approach to its users. You trust and love
us and we would never put growth before trust. This policy document aims at
minimizing instances of customer complaints, grievances and disappointments via
channelized approach, review and redressal.
You can file a
grievance/share feedback towards the services rendered by MATCPL or any other
issues.
In order to make
MATCPL redressal channels more meaningful and effective, a structured system
has been put in place. This system will ensure that the complaints are
redressed seamlessly and well within the stipulated time frame.
How to reach MATCPL
You can drop us an
email on webres@airticketcentre.com