General Terms of Use

1. Agreement Between You and flykiosk Travels.  Agreement Between You and flykiosk Travels. The following terms and conditions (the "Terms and Conditions") apply to all visitors to or users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions flykiosk Travels. and its subsidiaries, (collectively, "flykiosk Travels"), reserve the right to seek all remedies available by law and in equity for such violations.

2. General Use Provisions; and Copyright. All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of flykiosk Travels and/or its vendors or suppliers. All Materials herein and all flykiosk Travels software are proprietary to flykiosk Travels and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of flykiosk Travels.

3. Limited License. flykiosk Travels hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) if you are a potential or actual renter, the Materials are used solely for personal, non-commercial purposes and if you are a property owner/manager, the Materials are used only for the purposes of using the services expressly offered by flykiosk Travels; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of flykiosk Travels.

4. Trademarks. The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of flykiosk Travels or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of flykiosk Travels or such third party which may own the Mark. The following list of Marks owned by flykiosk Travels is not exhaustive, and flykiosk Travels may own other Marks not included here: flykiosk Travels,

5. Compliance with Laws; Export Controls. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the India. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to Indian export restrictions.

6. Devices. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the flykiosk Travels site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

7. No Unlawful or Prohibited Use. As a condition of your use of this Web site, you warrant to flykiosk Travels that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.

8. Consolidation. flykiosk Travels does not authorize any of its agents and franchises to consolidate or resell flykiosk Travels products to sub-agents and/or other agents and franchises. If found all such bookings shall be treated as fraudulent and flykiosk Travels has the right to cancel such bookings at its own discretion with no liability for any consequential loss or damage. Any consolidation or reselling of flykiosk Travels products and services by flykiosk Travels agents and franchises requires prior approval and permission of flykiosk Travels.

9. Links to Third-Party Web Sites. This Web site may contain links to Web sites operated by parties other than flykiosk Travels. Such hyperlinks are provided for reference only. flykiosk Travels does not control such Web sites and is not responsible for their contents. flykiosk Travels's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk.

10. General Disclaimer. Although flykiosk Travels has attempted to provide accurate information on the Web site, flykiosk Travels assumes no responsibility for the accuracy of the information (including fares displayed). All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. flykiosk Travels hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

11. Limitation on Liability.  flykiosk Travels merely provides intermediary services in order to facilitate highest quality services to you. flykiosk Travels is not the last-mile service provider to you and therefore it shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator or similar agency) you shall engage or hire or appoint pursuant to or resulting from the material available in this website. Neither flykiosk Travels nor any of its directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any flykiosk Travels product, or damages from the use of or reliance on the information present on this Web site, even if flykiosk Travels has been advised of the possibility of such damages. Cancellation, No Show and Refunds will be as per operator policies.

12. Modification of the Web Site. flykiosk Travels (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. flykiosk Travels may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.

13. Modification of These Terms of Use. flykiosk Travels reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

14. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

15. General.  This agreement is governed by the laws of the India, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in India, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

16. Credit Policy.  If an agent availed company services or purchased the tickets over and above his deposit amount (i.e. using credit from the company) and fails to clear the credit in the next 2 business working days, then the agent is liable to pay back the credit to the company along with interest charges at the rate of 6% per month. Further, if the agent fails to clear the liability with in the period of two days from the date of purchase of the ticket , flykiosk Travels reserve the right to initiate appropriate civil and criminal proceeding including but not limited to criminal breach of trust, cheating, etc.

17. Hotel Booking Process. We have yearly contract with corporate customers. All bookings are prepaid. We pay to hotels. Customers or its employees pay us. Customers do not pay at hotel.

18. Privacy Policy. We provide secure link for customers employees to pay thru their Credit card.

19. Refund & cancellation. Each booking has a separate cancellation policy as provided by your agent. Please read the refund and cancellation policy before the booking. By paying through this link you confirm that you have read the terms and conditions of this bookings with refunds and cancellation policies.

Terms and Conditions for Travel Agents

This Agreement (referred to as "Agreement") is the definitive agreement between flykiosk Travels, a company incorporated under the Companies Act, 1956 and having its registered office Thirissur Road, Angamaly, Ernakulam Dist. 683 572 ,Kerala, India ("flykiosk Travels"); and the "Agent" subscribing electronically to this service with his/its details captured separately.

flykiosk Travels and the Agent are hereinafter individually called "Party" and collectively, "the Parties") The use of the Website by the Agent shall confirm the Agent's acceptance of this Agreement and signifies that the Agent agrees to be legally bound by the terms and conditions of this Agreement.

WHEREAS
1. flykiosk Travels is the owner of this Website (hereinafter referred to as "the Website"), and engaged in the business of providing ticketing, hotel bookings, travel insurance, car rentals, tours, packages and other travel and hospitality goods and services to travel agents; and

2. The Agent is engaged in the business of providing travel services to its customers including ticketing, hotel bookings, travel insurance, car rentals, tours, packages and other like services and intends to avail the various facilities offered by flykiosk Travels through the Website for carrying out its business operations.

NOW, THEREFORE, in consideration of the payments and other covenants, obligations and representations contained herein, the sufficiency whereof is hereby acknowledged, the Parties agree as follows:

1. Interpretation

In this Agreement, unless otherwise provided or if the subject or context otherwise requires:

(a) Words denoting the singular include the plural and vice versa, and words denoting the whole include a reference to any part thereof.
(b) Clause and Paragraph headings are inserted for ease of reference only and shall not affect the interpretation of this Agreement.
(c) References to this Agreement or any document or agreement include references to such document or agreement as amended, novated, supplemented, varied or replaced from time to time.
(d) The words "including", "include" and "in particular" shall be construed as being by way of illustration only and shall not be construed as limiting the generality of any preceding words.

2. Obligations of the Parties 

2.1 Obligations of the Agent:

2.1.1 flykiosk Travels grants to the Agent a limited, non-transferable right to use the Website in accordance with the terms and conditions of this Agreement. The Agent shall use the Website to make legitimate reservations or purchases and shall not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. Agent hereby undertakes to use the Website only for lawful purpose and shall fully indemnify flykiosk Travels against any and all losses which flykiosk Travels may suffer on account Agent's usage of the Website and/or any services/products of flykiosk Travels.

2.1.2 The Agent agrees that the Website and the content provided on the Website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of flykiosk Travels, and/or its third party providers and distributors.

2.1.3

i. The Agent shall be solely responsible for maintaining the confidentiality of its password and account information. The Agent may not authorize any third parties to use the services on its behalf, and shall be responsible for all actual or purported use by the Agent and those allowed by the Agent to use the services. The Agent may not divulge, sublicense, transfer, sell or assign its password and account information under any circumstances. Any attempt to do so shall be null and void and shall be considered a material breach of this Agreement.

ii. The Agent shall be solely responsible for all usage or activity on its account including, but not limited to, use of the account by any person who uses its password and account information, with or without authorization by the Agent. If the Agent has reason to believe that its account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of its password and account information), it must promptly change the affected password and account information and notify flykiosk Travels of the problem by e- mailing it. It is however clarified that the Agent shall be fully liable for all use of its account, including any unauthorized use of its account by any third-party. All bookings made by utilizing the Website through the login and password shall be as per the terms and conditions prescribed by flykiosk Travels from time to time.

2.1.5 The Agent shall not use the services provided by flykiosk Travels through the Website for any purpose that is unlawful or prohibited.

2.1.6 The Agent shall inform flykiosk Travels immediately by telephone and additionally confirm in writing any matters coming to the its knowledge which indicate a suspected problem (including incorrect pricing) with or misuse of the flykiosk Travels electronic booking system by any person.

2.1.7 The contents of the Website (including information, communications, images and sounds contained on or available through flykiosk Travels are provided by flykiosk Travels, its affiliates, independent content providers and third parties. The contents of the Website are copyright © flykiosk Travels, its affiliates, independent content providers or third parties and cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of flykiosk Travels.

2.1.8 The Agent acknowledges that flykiosk Travels has not reviewed and does not endorse the content of all sites linked to from the Website and is not responsible for the content or actions of any other sites linked to from the Website. The Agent's linking to any service or site shall be at its sole risk.

2.1.9 Agent shall be responsible for dispatch of the tickets, vouchers, etc. (wherever applicable) directly to its customers accompanied with the required delivery challans and all other relevant documents as required under the applicable statutory and governmental regulations. Any improper travel documentation, the issuing agent will be responsible to bear the deputation charges.

2.1.11 Agent and/or its Partner shall have no authority to bind flykiosk Travels to any third party commitments of any nature and Agent shall not hold out as an authorized representative of flykiosk Travels in any manner whatsoever to any third party.

3. Bookings, Cancellations, Charges, Commission and Refunds. [ Details ]

3.1 All charges, fees, commissions, refunds etc. shall be as per the policy of flykiosk Travels which shall be communicated to the Agent from time to time. 3.2 All bookings, cancellation, refunds, charges etc. of the services purchased through the Website shall be governed by the terms and conditions of the airlines/hotels/bus operator/IRCTC/supplier. 

3.4 For Agents availing credit from flykiosk Travels, non-payment/delayed payment will be considered as a breach of the obligations of the Agent, and shall further attract a late payment interest at the rate of 24% per annum. Provided that, flykiosk Travels's receipt of the late interest amount shall not be deemed to be any waiver of the primary breach and flykiosk Travels shall have the right to initiate legal action against such Agent. 

4. Taxes

flykiosk Travels shall be entitled to deduct all applicable taxes from all commissions/ incentives payable to the Agent and applicable TDS certificate(s) will be issued in accordance with applicable legal provisions.

5. Representations and Warranties

5.1 flykiosk Travels does not warrant nor makes any representations regarding the accuracy or completeness of any data or information contained on the Website. flykiosk Travels disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any person, arising out of or from the use of the information contained in the Website.

5.2 Although flykiosk Travels makes every effort to ensure that the description and content on each page of the Website is correct, it does not, however, take responsibility for any changes occurred due to human, data entry errors or for any loss or damages suffered by any person due to any information contained herein. flykiosk Travels does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions.

5.3 The Agent represents and warrants that

5.3.1 it has full power and authority to enter into this Agreement.

5.3.2 it is not aware of any charges, actions, suits, proceedings etc, actual or threatened, which would restrict or prohibit it from performing any of its obligations under this Agreement.

5.3.3 there are no current, pending or threatened actions or proceedings before any court, arbitrator, administrative tribunal or government authority which might materially and adversely affect its business, assets or conditions (financial or otherwise) or operations or the ability to perform obligations under this Agreement.

6. Indemnity

6.1 The Agent agrees and undertakes to protect, defend, indemnify and hold harmless flykiosk Travels, its employees, officers, directors, agents or representatives, affiliates, partner websites and their respective lawful successors and assigns ("Indemnified Persons") from and against any and all liabilities, damages, fines, penalties and costs (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) arising from or relating to:
6.1.1 any breach by the Agent, its employees, offices, directors, agents or representatives, of any statute, regulation, direction, orders or standards from any governmental body, agency, or regulator;

6.1.2 any breach by the Agent, its employees, offices, directors, agents or representatives, of the terms and conditions in this Agreement by the Agent or its employees, officers, directors, agents or representatives;

6.1.3 any claim of any infringement of any intellectual property right or any other right of any third party or of law.

6.1.4 any claim made by any third party/user arising out of the use of the services and/or arising in connections with services offered by the Agent under this Agreement.

6.2 The Agent also agrees to indemnify, defend and hold harmless the Indemnified Persons from and against any and all losses, liabilities, claims, damages, costs and expenses asserted against or incurred by the Indemnified Persons that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Agent pursuant to this Agreement.

7. Liability

7.1 The Agent acknowledges that flykiosk Travels acts only as a website provider and therefore it has no liability whatsoever for any aspect of the arrangements between the Agent and the customer. In no circumstances shall flykiosk Travels be liable for any activities/ services provided by the Agent.

7.2 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of flykiosk Travels and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. flykiosk Travels is not responsible for any form of transmission, whatsoever, received from any Linked Site. flykiosk Travels is providing these links to the Agent only as a convenience, and the inclusion of any link does not imply endorsement by flykiosk Travels of the site or any association with its operators or owners including the legal heirs or assigns thereof.

7.3 flykiosk Travels does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from the Agent's use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the service at any time. The Agent acknowledges that flykiosk Travels has no control over, and flykiosk Travels excludes all liability for, any material on the World Wide Web, which can be accessed by using the Website.

7.4 flykiosk Travels shall not be liable to the Agent or any other party claiming for the Agent by virtue of termination of this Agreement for any reason whatsoever for any claim for loss or profit or on account for any expenditure, investment, leases, capital improvements or any other commitments made by the Agent or any other party in connection with their business made in reliance upon or by virtue of this Agreement.

8. Term and Termination of Contract

8.1 This Agreement shall enter into effect on and from date of the Agent first using the Website shall continue to be in operation unless otherwise terminated by either Party in accordance with the provisions of this Agreement.

8.2 Either Party may terminate this Agreement with immediate effect by giving a notice to the other Party.

8.3 flykiosk Travels may also terminate this Agreement and/or discontinue provision of any of the services at any time for any reason, including any improper use of the Website or the Agent's failure to comply with the terms and conditions of this Agreement. Such termination shall not affect any right to relief to which flykiosk Travels and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to the Agent will terminate and revert to flykiosk Travels and its third party providers or distributors, as applicable.

8.4 The Agent agrees and understands that in case of breach of clause 3: Term of Payment, flykiosk Travels reserves a rights to cancel all the unutilized bookings for the future dates wherein the Agent will fully indemnify and hold harmless flykiosk Travels against any claims of its customer in relation to such bookings.

8.5 With immediate effect from the date of termination, the Agent shall cease to use the Website and the services offered by flykiosk Travels and shall immediately deliver up to flykiosk Travels in accordance with the directions of flykiosk Travels all documents and other property (including without limitation financial and statutory records) belonging to flykiosk Travels (insofar as such property and information was obtained in pursuance of the performance of services under this Agreement).

9. Confidentiality

9.1 The Agent acknowledges that all documents and any other material containing or referring to confidential information which at any time are or become within or under its control, power or possession are, shall become and shall at all times remain the property of flykiosk Travels, to which the confidential information relates.

9.2 The Agent undertakes (both during the term and after the termination date): The Agent agrees that in case of non-payment on due dates flykiosk Travels reserves the right to block further issuance and reissuance of tickets till the old payment is made in full.

i. on request made at any time by flykiosk Travels, to deliver all the confidential information (including copies thereof) or delete the confidential information from any re-usable material in accordance with the directions of flykiosk Travels;
ii. not to use or disclose any confidential information except as is necessary to perform its obligations under this Agreement or except as required by law or any regulatory body, provided that this clause shall not apply to confidential information which comes into the public domain other than through the default of any member of the Agent;
iii. not to copy or reproduce any confidential information in any form or on any media or device except as is necessary to perform its obligations under this Agreement;
iv. to ensure that the password and account information provided to it by the flykiosk Travels for accessing the Website is secured by all means.

10. Intellectual Property Rights

10.1 The contents of the Website (including information, communications, images and sounds contained) are provided by flykiosk Travels, its affiliates, independent content providers and third parties. The contents of this site are copyright © of flykiosk Travels, its affiliates, independent content providers or third parties and cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of flykiosk Travels

10.2 flykiosk Travels has and shall retain all ownership rights in the Website, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. The Agent will have no rights in the Website

11. Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with the Laws of India. The exclusive forum for all disputes arising from this Agreement shall be the courts at Ernakulam, subject to the provisions on Arbitration, below.

12. Arbitration

12.1 Any and all disputes or controversies arising out of or in connection with the interpretation, performance or non-performance, or termination of this Agreement, shall, to the extent possible, be settled in the first instance by prompt and good faith negotiations between the Parties.

12.2 If the dispute cannot be settled within seven (7) days by mutual discussions, the dispute shall finally be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by flykiosk Travels. The venue of arbitration shall be Ernakulam and the arbitration proceedings shall be conducted in English language.

12.3 Each Party shall bear its own costs (including legal costs) for participating in the arbitration proceedings. The arbitrator's fees and expenses and other incidental expenses shall be paid by the Parties as determined by the arbitral tribunal.

13. Assignment

The Agent shall not assign or transfer all or any of its rights or obligations under this Agreement without the prior written consent of flykiosk Travels.

14. Force Majeure

Neither Party to this Agreement shall be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed by a force majeure event including but not limited to fire, flood, war, riot, embargo, organized labour stoppage, earthquake, hurricane, acts of civil or military authorities, acts of terrorism, acts of god etc. beyond the reasonable control of the Parties, provided that the Party whose performance is affected by the event of Force Majeure gives notice in writing to the other Party of such event and provided further that the Party whose performance is so affected did not act in a reckless manner or did not willfully misconduct itself.

15. Severability

The various provisions of the Agreement are severable and if any provision is found by the Parties hereto or is held to be invalid or unenforceable by any court of competent jurisdiction such invalidity or unenforceability shall not affect the validity or enforceability of any of its other provisions unless it goes to the root of the Agreement or radically affects it.

16. Entire Agreement and Amendments

This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof and merges all prior discussions and negotiations between them. No modification to or amendment of this Agreement shall be valid or binding unless made in writing by means of a side-letter and signed on behalf of the Parties by their duly authorised officers or representatives.

17 General Provisions

17.1 Binding Effect; Benefit. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assignees. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto and the flykiosk Travels persons, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

17.3 Notices. Any notice or other communication required or which may be given hereunder shall be in writing (including by e-mail) and shall, in the case of physical notices, be delivered by registered post to the parties at the address registered at the time of commencement of this Agreement.. In the case of physical notices, such notices shall be deemed to be received within 48 hours of the dispatch, and in the case of email, on (i) such email being sent, with a 'read receipt' being received, or (ii) on such email being sent, provided that a physical notice is also dispatched (by registered post) within one day of such email being sent.