Wizie AirFareMall Private Limited (“AFM”) a company registered under the Companies Act, 1956, welcomes the user of ‘www.Airfaremall.com’ (“Website”) an Internet based travel portal designed, implemented, owned and controlled by AFM and would like to put forth the Terms and Conditions of use.

Agreement between AFM and the User:
If you are the user of the website it is deemed that you have agreed and accepted all the terms and conditions that follows. If in the event that there are any inconsistencies between the terms and conditions stated herein and any additional terms, the terms and conditions stated herein shall prevail.

User acknowledges that AFM shall reserve the right to set out the terms and conditions on which AFM shall provide the services to the user through the website. In addition the user agrees that AFM may update and modify the website from time to time and that such modification shall be deemed to be part of this agreement between the user and AFM.

User agrees that prior to booking the airline ticket domestic/ international the user has checked and confirmed with the link provided in the website for user’s ready reference the operating cancellation and refund policies of the airline with which the user wishes to fly. User further acknowledges that user shall be solely responsible for finding out and ensuring the compliance of the terms and guidelines, operating rules and policies of the respective airlines on which the user’s travel arrangement has been completed by AFM as per the user’s travel requirement.

User agrees that through its website AFM shall provide the user with guaranteed available fares for the desired travel destination, dates and class for domestic/ international airlines which shall be inclusive of the taxes, duties, assessments arising out of the website.

Agreement to share user’s personal information with third party:
By using the website to purchase an airline ticket the user hereby authorizes AFM to provide the user’s personal information such as names, address, telephone number, email address and credit card details to the airlines or travel agent to enable the successful fulfillment of the user’s travel arrangement.

User acknowledges that internet transmissions are never completely private or secure and that any message or information the user sends through the website may be read or intercepted by others and that AFM shall strive to protect the personal information of the user by a confidentiality agreement between AFM and any third party, to use the user’s personal information solely for the fulfillment of the user’s travel arrangement.

Fees Payment:
User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of use of the website to fulfill its airline travel arrangement domestic/ international. In addition the user understands that AFM shall reserve the right to alter any and all airline fares, fees from time to time without notice.

Correct Information:
It is important that the personal information such as name, address, telephone numbers, credit card details etc. the user provides are the personal information that the user’s credit card company has on file for the user. AFM takes no responsibility and shall not be held liable for the non fulfillment of the order if the personal information provided by the user for processing the user’s order is incorrect.

Additional Cost:
Most tickets are E- Tickets and will be issued as E-Tickets whenever possible. If the tickets have to be issued as Paper Tickets, there will be an additional shipping charge to ship via FedEx/UPS/DHL.

Cancellation & Refund Policy:
User agrees that ticket cancellation, refund or exchanges once they are issued can not be made and will always incur substantial penalties, which may exceed the original cost of the ticket purchased. Thus it shall be the user who will be solely responsible for confirming the airlines operating cancellation and refund policies with which the user wishes to travel, by simply accessing the link provided in the website for the user’s ready reference and understanding. Furthermore AFM shall be under no obligation to act in contrary to the operating policies with regards to cancellation or refund or any other rules and regulation of the airlines domestic/ international.

In addition, based on the operating cancellation and refund policies of the airlines domestic/ international and the user’s request AFM shall cancel, refund or alter the date the user wishes to travel at an additional cost as mentioned herein. User who has successfully booked a ticket on the website for any given date can depending on the operating cancellation policies of the airline request AFM to cancel the ticket or make changes in the date that the user wishes to travel, at an additional cost which will be equivalent to-
Cancellation and alteration charges as per the operating airline policy+ Service Tax+ AFM‘s service fee as clearly tabulated in Table 1.

User shall also have the discretion to request for the refund of the cancelled airline ticket based on the operating refund policies of the airline in which, the user has booked a ticket and AFM shall refund the cancelled airline ticket after deducting the respective airline’s cancellation charges, the airline service tax and the AFM’s service fee as stated in Table 1.

Modification in terms of use:
AFM reserves the right to change the terms, conditions, and notices under which the website is offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions. AFM reserves its right to deny in its sole discretion access to any portion of the website hereof without notice.

Indemnification:
The user shall indemnify and hold AFM, its officers or its affiliates or its vendors harmless from and against any claims or demands, losses, costs, actions, damages, liabilities, fines or penalties of any kind or whatsoever nature made against or arising in relation to this agreement.

Trademarks & Copyright:
User acknowledges that AFM has designed, implemented and developed the website and that the website constitutes the proprietary and confidential information, trade secret and know- how of AFM and the user shall in no event sell, assign, lease, transfer, encumber or permit any lien or security interest in or on allow any person or corporation to copy, reproduce the same. That the user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell including but not limited to information, services etc. obtained from AFM or its website.

The copyright in the contents of this website belong to AFM. Accordingly AFM reserves all rights. Copying of part or all the contents of this website without permission of AFM is prohibited.

Limitation of liability & Disclaimer of Warranties:
AFM DOES NOT ACCEPT ANY RESPONSIBILITY AND WILL NOT BE HELD
LIABLE FOR ANY LOSS OR DAMAGE OR WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USER’S ABILITY/ INABILITY TO ACCESS OR USE THE WEBSITE NOR DOES AFM WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, RELIABILITY OR THAT THE CONTENT OF THE WEBSITE WILL BE TECHNICALLY ACCURATE OR FREE OF TYPOGRAPHICAL ERROR OR THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS BUT AFM SHALL STRIVE TO ENSURE THE USER IS FULLY SATISFIED.

AFM SHALL NOT BE HELD RESPONSIBLE FOR IF THE UNINTERRUPTED ACCESS OR USE OF THE WEBSITE BY THE USER IF THE UNACCESSIBILITY OR THE USE OF THE WEBSITE IS PREVENTED BY CERTAIN FACTORS OUTSIDE AFM’S REASONABLE CONTROL INCLUDING WITHOUT LIMITATION THE UNAVAILABILITY, INOPERATING OR INTERRUPTION OF THE INTERNET OR OTHER TELECOMMUNICATION SERVICES OR AS A RESULT OF ANY MAINTANENCE OR OTHER SERVICE WORK CARRIED OUT IN THE WEBSITE.

USER ACKNOWLEDGES THAT THROUGH THE WEBSITE AFM MERELY ACTS AN INTERMEDIARY BETWEEN THE VARIOUS AIRLINES DOMESTIC/ INTERNATIONAL / THE GLOBAL DISTRIBUTION SYSTEM (“GDS”) AND THE USER IN ORDER TO FACILITATE AND FULFILL THE USER’S TRAVEL PLANS BY EQUIPPING THE USER WITH TIME AND COST EFFECTIVE INTERNET BASED TRAVEL PORTAL WHEREIN THE USER RELIES ON AFM’S CLAIM OF PROVIDING THE USER WITH GUARANTEED AVAILABLE FARES. AFM SHALL NOT BE DEEMED TO BE RESPONSIBLE FOR ANY LACK OR DEFICIENCY OF SERVICES PROVIDED BY ANY AIRLINE DOMESTIC/ INTERNATIONAL THAT THE USER INTENDS TO OR BOOKS TO TRAVEL IN. THE USER FURTHER ACKNOWLEDGES THAT AFM SHALL NOT BE HELD LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED FROM OUT OF THE USAGE OF THE WEBSITE.

USER UNDERSTANDS THAT CHOICE OF DESTINATION AND DECISION TO BOOK AND TRAVEL TO THAT DESTINATION IS SOLELY UNDER THE USER’S DISCRETION AND THAT ALL RISK AND COST ASSOCIATED WITH THE SAID DESTINATION HAS NO RELEVANCE AND IS IN NO WAY ASSOCIATED WITH AFM OR WEBSITE OR THE SERVICES THAT AFM HAS TO OFFER. IN ADDITION, USER ACCEPTS THAT BY OFFERING GUARANTEED AVAILABLE FARES TO A PARTICULAR DESTINATION DOMESTIC/ INETRNATIONAL, AFM IS NOT INETNDING TO REPRSENT OR SUGGEST OR WARRANT THAT TRAVEL TO SUCH POINT IS ADVISABLE OR WITHOUT RISK AND THAT AFM SHALL TAKE NO LIABILITY FOR ANY AND ALL DAMAGES, LOSSES OR DELAYS THAT MAY RESULT FROM IMPROPER DOCUMENTS FOR ENTRY, EXIT, LENGTH OF STAY OR FROM TRAVEL TO SUCH A POINT.

Manner of Use:
User acknowledges not to use the website to transmit in anyway or post or upload any material or content that may be obscene, illegal, defamatory, abusive, vulgar or otherwise objectionable or that may disrepute the site and harm its business, credibility and/ or goodwill or infringes a third party’s intellectual property right or contractual rights or harm/ hinder the services of the website in anyway.

Links:
User understands and agrees that the website shall provide links to other websites wherein the user shall find the operating cancellation/ refund policies of the airlines domestic/ international that the user plans to travel in and that these other sites are outside the control of AFM. User acknowledges that AFM shall not incur any liability for any loss or damage that the user may incur due to using any service on the link or any transaction entered into on that other site. The fact that AFM has agreed to have that link on its website does not imply any assurances or guarantees as to the quality and nature of goods and services being provided by that other site.

Offers/ Promotions & Special Deals:
The website may contain offers, promotions & special deals from time to time that the airlines domestic/ international or the global distribution system have to offer to the user. However User agrees that AFM shall not provide any warranty nor shall AFM be liable for the said offers, promotions & special deals and that the user shall be solely responsible for finding out and confirming the terms and conditions governing the said offer, promotions or special deals.

Relationship:
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the user contained herein shall be deemed to constitute a partnership between the user and AFM and no party shall be deemed to be the agent of the other in any way.

Severability:
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

Governing Law:
The terms and conditions stated in this agreement shall be governed and construed in accordance with the Laws of India and any dispute arising hereto shall be subject to the exclusive jurisdiction of the Courts of New Delhi.

Binding:
The terms and conditions set forth herein shall be legally binding on the user and AFM.