Firstrek User & Vendor/Seller Agreement

APPLICABILITY

This User Agreement along with Terms Of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services  of FIRSTREK. 

Any person (“User”) who inquiries about or purchases any products or services of FIRSTREK 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 FIRSTREK are collectively referred to as ‘Website’. 

Both User and FIRSTREK are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement. 

“Terms of Service” available on FIRSTREK’s website details out terms & conditions applicable on various services or products facilitated by FIRSTREK. 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.

ELIGIBILITY TO USE

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 use the services of FIRSTREK. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. 

As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false. 

Before using the Website, approaching any Sales Channels or procuring the services of FIRSTREK, 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 FIRSTREK. If the User does not agree with any part of this Agreement, then the User must not avail FIRSTREK’s services and must not access or approach the Sales Channels of FIRSTREK. 

All rights and liabilities of the User and FIRSTREK with respect to any services or product facilitated by FIRSTREK shall be restricted to the scope of this User Agreement.

CONTENT

BOOKINGS BY TRAVEL AGENTS

USER’S RESPONSIBILITY

Users are advised to check the description of the services 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 undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through FIRSTREK. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

The services are provided on an “as is” and “as available” basis. FIRSTREK may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. FIRSTREK 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 FIRSTREK 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 FIRSTREK’s 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.

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 FIRSTREK immediately in writing of any unauthorized use of their password or account or any other breach of security. FIRSTREK 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.

FIRSTREK 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., FIRSTREK may at times verify certain information of its Users like their credit score, as and when required.

FIRSTREK adopts the best industry standard to secure the information as provided by the User. However, FIRSTREK 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 FIRSTREK 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, FIRSTREK reserves the right to charge certain fees in the nature of convenience fees or service fees. FIRSTREK 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, FIRSTREK shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to FIRSTREK. In cases where the short charge is claimed prior to the utilization of the booking, FIRSTREK 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 FIRSTREK 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, FIRSTREK will process the refund of the booking amount paid by the User as per the refund policy and intimate the User about the same. FIRSTREK 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 FIRSTREK 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 FIRSTREK. FIRSTREK 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 FIRSTREK. 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 FIRSTREK or to any personal account of any person, FIRSTREK shall not be held liable for the same. User shall not hold any right to recover from FIRSTREK 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 FIRSTREK. The User shall immediately inform FIRSTREK if such details are demanded by any of its agents’ employees or representatives. FIRSTTREK 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 FIRSTREK are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY FIRSTREK

INSURANCE

Unless explicitly provided by FIRSTREK in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case FIRSTREK shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by FIRSTREK shall be as per the terms and conditions of the third-party insurance company. FIRSTREK 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. FIRSTREK shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by FIRSTREK either at the time of booking or after the booking is made. In case the traveler is a minor, FIRSTREK will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.

The User authorizes FIRSTREK to share User/traveler data with third party(ies) for collecting or verifying PAN details of User/traveler.

OBLIGATION TO OBTAIN VISA

FORCE MAJEURE

There can be exceptional circumstances where FIRSTREK and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of FIRSTREK. If FIRSTREK 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 FIRSTREK 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, FIRSTREK’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge FIRSTREK from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall FIRSTREK 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.

ADVERTISERS ON FIRSTREK, AND LINKED WEBSITES

RIGHT TO REFUSE

RIGHT TO REFUSAL BY FIRSTREK:

RIGHT TO REFUSAL BY END SERVICE PROVIDER:

RIGHT TO CANCEL

The User expressly undertakes to provide FIRSTREK with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from FIRSTREK.

In case FIRSTREK discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, FIRSTREK shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, FIRSTREK shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches FIRSTREK to cancel any booking, FIRSTREK will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold FIRSTREK responsible for any loss or damage arising out of measures taken by FIRSTREK for safeguarding its own interest and that of its genuine customers. This would also include FIRSTREK denying or cancelling any bookings on account of suspected fraud transactions.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

FIRSTREK’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.

If you are ever asked for any of the aforesaid information, please report it immediately on complaint@FIRSTREK.com.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless FIRSTREK, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and FIRSTREK cannot be held responsible for the same.

COVID-19 RELATED TERMS & CONDITIONS:

User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

• exhibiting any symptoms associated with COVID 19.
• refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
• suffering of any ailment making the User vulnerable to the virus
• posing a threat to the health and safety of others

In such cases FIRSTREK will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by FIRSTREK to the User subject to receipt of the same from the end service provider.

User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.

The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, FIRSTREK will not be held liable for such refusal to travel and refund, if any, shall be strictly as per tcancels the tour after using the air tickets or pre-tour arrangements or part thereof, it shall be treated as “no show” and there will be no refund whatsoever for the unutilized pre-tour or main tour services.

FIRSTREK 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 including adventure sports, Amusement park & rides, ferry ride, sightseeing or any other activity that may pose a threat of death or injury taken up by the User as a part of the OBT or on his own while on the OBT. 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 attributable to FIRSTREK.

MISCELLANEOUS