AGREEMENT BETWEEN SEKAP TRAVELS & USER
This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of SEKAP Travels Private Limited ("SEKAP").
Any person ("User") who inquiries about or purchases any products or services of SEKAP through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of SEKAP are collectively referred to as 'Website'.
Both User and SEKAP are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
"Terms of Service" available on SEKAP's website details out terms & conditions applicable on various services or products facilitated by SEKAP. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
SEKAP Group Pty Ltd (IATA Accredited 023 65510).
SEKAP travels is not a direct supplier of products and services, or controlling the costs appropriate to any of the travel alternatives (Flights, accommodation services, car rentals, cruise packages).
SEKAP Travels has no obligation regarding any additional or mentioned services provided or not provided by any other party. The tickets, vouchers, receipts and coupons are allotted suitable duties and terms and conditions of offer of providers and these terms. They are issued by us as operator as it were. We do not extend or guarantee for special airfare or discounted promotions. The following general terms and conditions shall apply, however regional circumstances and regulations, contractual obligations to suppliers, and matters relating to location, product type and supply logistics may cause these to be varied slightly for specific products, or specific destinations.
ELIGIBILITY TO USE
Before using the Website, approaching any Sales Channels or procuring the services of SEKAP, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with SEKAP. If the User does not agree with any part of this Agreement, then the User must not avail SEKAP's services and must not access or approach the Sales Channels of SEKAP.
All rights and liabilities of the User and SEKAP with respect to any services or product facilitated by SEKAP shall be restricted to the scope of this User Agreement.
The Website is meant to be used by bonafide
User(s) for a lawful use.
Except with the prior registration with SEKAP as B2B agents, priority partner or a franchisee, and explicit permission of SEKAP to use the Website, all travel agents, tour operators, consolidators or aggregators ("Travel Agents") are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, SEKAP reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. SEKAP shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of SEKAP for legitimate bookings.
LIMITED LIBILITY OF SEKAP
SEKAP always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, bus operators etc. (collectively referred to as "Service Providers"). SEKAP’S 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. SEKAP will 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
SEKAP as a part of any product or service:
· SEKAP assumes no liability for the standard of services as provided by the respective Service Providers.
· SEKAP provides no guarantee with regard to their quality or fitness as represented.
· SEKAP doesn't guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands SEKAP merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not SEKAP. Thus the ultimate contract of service is between User and Service Provider.
Users 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 as laid
out in the confirmed booking voucher. These conditions are also to be
read in consonance with the User Agreement.
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 thereto.
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.
The services are provided on an "as is" and "as available" basis. SEKAP may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. SEKAP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from SEKAP or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes SEKAP representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
User further undertakes to check the PNR with the airlines for confirmed bookings.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the
Website, the User will have to choose a password to access that User's account
and User shall be solely responsible for maintaining the confidentiality of
both the password and the account as well as for all activities on the account.
It is the duty of the User to notify SEKAP immediately in writing of any
unauthorized use of their password or account or any other breach of security. SEKAP
will not be liable for any loss that may be incurred by the User as a result of
unauthorized use of the password or account, either with or without the User's
knowledge. The User shall not use anyone else's account at any time.
User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.
SEKAP keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., SEKAP may at times verify certain information of its Users like their credit score, as and when required.
SEKAPadopts the best industry standard to secure the information as provided by the User. However, SEKAP cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with SEKAP may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged
by the Service Providers, SEKAP reserves the right to charge certain fees in
the nature of convenience fees or service fees. SEKAP further reserves the
right to alter any and 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 cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, SEKAP shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to SEKAP. In cases where the short charge is claimed prior to the utilization of the booking, SEKAP will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by SEKAP on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, SEKAP will process the refund of the booking amount paid by the User and intimate the User about the same. SEKAP 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 SEKAP as the case may be.
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
The User agrees and understands that all payments shall only be made to bank accounts of SEKAP. SEKAP or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of SEKAP. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by SEKAP or to any personal account of any person, SEKAP shall not be held liable for the same. User shall not hold any right to recover from SEKAP any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of SEKAP. The User shall immediately inform SEKAP if such details are demanded by any of its agents' employees or representatives. SEKAP shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User through SEKAP are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Unless explicitly provided by SEKAP in any
specific service or deliverable, obtaining sufficient insurance coverage is the
obligation of the User. In no case SEKAP shall accept any claims arising out of
Insurance, if any provided as a part of the service or product by SEKAP shall be as per the terms and conditions of the third-party insurance company. SEKAP merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. SEKAP shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
OBLIGATION TO OBTAIN VISA
International bookings made through SEKAP are
subject to the requirements of visa including but not limited to transit visa,
OK TO BOARD which are to be obtained by the User as per the requirement of
their travel bookings and the requirements of the countries the User intends to
visit or transit through.
SEKAP is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of SEKAP for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
There can be exceptional circumstances where SEKAP
and / or the Service Providers may be unable to honor the confirmed bookings
due to various reasons like act of God, labor unrest, insolvency, business
exigencies, government decisions, terrorist activity, any operational and
technical issues, route and flight cancellations etc. or any other reason
beyond the control of SEKAP. If SEKAP has advance knowledge of any such
situations where dishonor 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 SEKAP being merely 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.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, SEKAP obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge SEKAP from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall SEKAP 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.
RIGHT TO REFUSE
SEKAP at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
SEKAP will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies
and recourse available to SEKAP under
this User Agreement or under applicable law, SEKAP may limit the User's activity, warn
other users of the User's actions, immediately suspend or terminate the
User's registration, or refuse to provide the User with access to the Website
· The User is in breach of this User Agreement; or
· SEKAP is unable to verify or authenticate any information provided by the User; or