Terms & Condition
To Whom It May Concern:
This agreement ("user agreement") incorporates the terms and conditions for Wizfair Travels and its affiliate Companies to provide services to the person (s) ("the User") intending to purchase or inquire about any products and/ or services of Wizfair Travels by using its website or using any other customer interface channels of Wizfair Travels which includes its sales persons, offices, call centers, advertisements, information campaigns, etc.
Both User and Wizfair Travels are individually referred to as 'party' to the agreement and collectively referred to as 'parties'.
In these terms of service, “We, Us, Ours, Our,” etc. refer to “Wizfartravels”(the company), and “You, Yours, They, Theirs, Them” refer to the customers or users of the company website.
User's Duty to Understand this Agreement
The Users availing services from Wizfair Travels shall be deemed to have read, understood, and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Wizfair Travels for all purposes and shall be binding on the User.
All rights and liabilities of the User and/or Wizfair Travels with respect to any services to be provided by Wizfair Travels shall be restricted to the scope of this agreement.
Wizfair Travels reserves the right, in its sole discretion, to terminate access to any or all company websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance, or any reason whatsoever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Wizfair Travels, like air tickets, accommodations, car rentals, holiday packages, visas, insurance, etc.
Such TOS will be provided/ updated by Wizfair Travels, which shall be deemed to be a part of this Agreement, and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
User Acceptance of Service Provider’s Terms and Conditions
The Service Provider itself may provide terms and guidelines that govern particular features, offers, or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Provider's fare rules, contract of carriage, or other rules.
Wizfair Travels's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions, and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions, and notices, the User must not avail of Wizfair Travels's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Wizfair Travels document, then these terms shall be controlled.
Authorization for Third-Party Account Access
By using the Account Access service on Wizfair Travels's websites, the User authorizes Wizfair Travels and its agents to access third-party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Wizfair Travels immediately in writing of any unauthorized use of their password or account or any other breach of security. Wizfair Travels will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
FEES & TAXES
Wizfair Travels reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Wizfair Travels further reserves the right to alter any and all fees from time to time without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case there is a short charging by Wizfair Travels for listing, services or transaction fee, or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibility of the reservation not getting confirmed for any reason, we will process the refund and inform you of the same. Wizfair Travels is not obligated to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request Wizfair Travels for any refunds against the unutilized or 'no show' air or hotel booking for any reason within 90 days from the date of departure for the air ticket and/or the date of check-in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels, and Wizfair Travels, as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above, and all unclaimed amounts for such unutilized or ‘no show’ air or hotel booking shall be deemed to have been forfeited.
Any information which is specifically mentioned by Wizfair Travels as Confidential shall be maintained confidentially by the user and shall not be disclosed unless required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
USE OF THE CONTACT DETAILS OF THE USER
Wizfair Travels may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, or any such other information relevant to the transaction via SMS or by voice call on the contact number given by the User at the time of booking; Wizfair Travels may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Wizfair Travels is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication.’ The User will indemnify Wizfair Travels against all types of losses and damages incurred by Wizfair Travels or any other authority due to any erroneous complaint raised by the User on Wizfair Travels concerning the intimations mentioned above or due to a wrong number or email ID being provided by the User for any reason whatsoever.
Wizfair Travels is responsible only for the transactions that the User does through Wizfair Travels. It will not be liable for screening, censoring, or otherwise controlling transactions, including whether the marketing is legal and valid as per the laws of the land of the User.
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 regarding the use of the services concerning the jurisdiction concerned for each transaction.
The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
ADVERTISERS ON Wizfair Travels OR LINKED WEBSITES
Wizfair Travels is not responsible for any errors, omissions, or representations on any of its pages or any links or on any of the linked website pages. Wizfair Travels does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of Wizfair Travels, and Wizfair Travels is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Wizfair Travels is providing these links to the Users only as a convenience, and the inclusion of any link does not imply endorsement of the site by Wizfair Travels.
Unless explicitly provided by Wizfair Travels in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user, and Wizfair Travels doesn't accept any claims arising out of such scenarios.
Insurance, if any, provided as a part of the service/ product by Wizfair Travels shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes, and Wizfair Travels shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations, etc. If Wizfair Travels is informed in advance of such situations where dishonor of bookings may happen, it will do its best to provide a similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operator. The user agrees that Wizfair Travels, being an agent for facilitating the booking services, shall not be responsible for any such circumstances, and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in Wizfair Travels, services committed earlier may not be provided or may involve substantial modification. In such cases, Wizfair Travels shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund, or other charges, which shall completely discharge any and all liabilities of Wizfair Travels against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Wizfair Travels shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such an event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on the part of Wizfair Travels arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of the total amount received from the customer for availing the services, less any cancellation, refund, or other charges, as may be applicable. The liability shall not include any loss, damage, or additional expense beyond the amount charged by Wizfair Travels for its services.
In no event shall Wizfair Travels and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Wizfair Travels website(s) or any other channel. Neither shall Wizfair Travels be responsible for the delay or inability to use the Wizfair Travels websites or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Wizfair Travels website(s), or otherwise arising out of the use of the Wizfair Travels website(s), whether based on contract, tort, negligence, strict liability, or otherwise.
Wizfair Travels is not responsible for any errors, omissions, or representations on any of its pages or on any links or on any of the linked website pages.
SAFETY OF DOWNLOADED DATA
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Wizfair Travels will always make its best endeavors to ensure that the content on its websites or other information channels is free of any viruses or other malware.
FEEDBACK FROM USERS AND SOLICITATION:
Wizfair Travels may provide the User with content such as sound, photographs, graphics, video, or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by Wizfair Travels and shall not copy, transmit, or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary rights of a third party without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the owner's consent must contain the appropriate copyright or additional proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
VISA OBLIGATIONS OF THE CUSTOMER
The travel bookings done by Wizfair Travels are subject to the applicable requirements of a Visa, which are to be obtained by the individual traveler. Wizfair Travels is not responsible for any issues, including the inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
Unless otherwise specified, the Wizfair Travels services are for the User's personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Wizfair Travels website(s) without express written approval from Wizfair Travels.
The User agrees to indemnify, defend and hold harmless Wizfair Travels and/or its affiliates, their websites, and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Wizfair Travels and/or its affiliates, partner websites, and their respective lawful successors and assigns 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 User according to this agreement.
The user shall be solely and exclusively liable for any breach of any country-specific rules and regulations or general code of conduct, and Wizfair Travels cannot be held responsible for the same.
RIGHT TO REFUSE
Wizfair Travels, at its sole discretion, reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Wizfair Travels is not complete until full money towards the service is received from the customer and accepted by Wizfair Travels.
Without prejudice to the other remedies available to Wizfair Travels under this agreement, the TOS, or under applicable law, Wizfair Travels may limit the user's activity, end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
The user is in breach of this agreement, the TOS, and/or the documents it incorporates by reference;
Wizfair Travels is unable to verify or authenticate any information provided by the user or
Wizfair Travels believes that the user's actions may infringe on any third-party rights, breach any applicable law, or otherwise result in any liability for the user, other users of the website, and/or Wizfair Travels.
Wizfair Travels may at any time, in its sole discretion, reinstate suspended users. Once the user has been indefinitely suspended, the user shall not register or attempt to register with Wizfair Travels or use the website in any manner whatsoever until Wizfair Travels reinstates the user.
Notwithstanding the preceding, if the user breaches this agreement, the TOS, or the documents it incorporates by reference, Wizfair Travels reserves the right to recover any amounts due and owing by the user to Wizfair Travels and/or the service provider and to take strict legal action as Wizfair Travels deems necessary.
Wizfair Travels RIGHT TO CANCELLATION IN CASE OF INVALID INFORMATION FROM USER
The User expressly undertakes to provide Wizfair Travels only correct and valid information while requesting any services under this agreement and not to misrepresent facts at all. Any default on the user's part would vitiate this agreement and shall disentitle the User from availing the services from Wizfair Travels.
In the case Wizfair Travels discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for assistance is either unauthorized or the information provided by the User or any of them is not correct or that he has misrepresented any fact, Wizfair Travels in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Wizfair Travels shall not be responsible or liable for any loss or damage that may be caused to the User or any of them due to such cancellation of booking or services.
The User unequivocally indemnifies Wizfair Travels of any such claim or liability and shall not hold Wizfair Travels responsible for any loss or damage arising out of measures taken by Wizfair Travels to safeguard its interest and that of its genuine customers. This would also include Wizfair Travels denying/canceling any bookings because of suspected fraudulent transactions.
INTERPRETATION NUMBER AND GENDER
The terms and conditions herein shall apply equally to the singular and plural forms of the terms defined. Any pronoun shall include the corresponding masculine, feminine, and neuter forms whenever the context may require. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." Unless the context otherwise requires, the terms "herein," "hereof," "hereto," 'hereunder," and words of similar import refer to this agreement as a whole.
Suppose any provision of this agreement is determined to be invalid or unenforceable in whole or in part. In that case, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining portion of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only. They are not intended to describe, interpret, define, or limit the scope, extent, or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Wizfair Travels Websites or its partner websites or any provision hereof in any manner whatsoever.
If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Wizfair Travels website, then these terms shall be controlled.
None of the provisions of any agreement, terms, and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Wizfair Travels Websites or its partner websites shall be deemed to constitute a partnership between the User and Wizfair Travels and no party shall have any authority to bind or shall be considered to be the agent of the other in any way.
INFORMATION UPDATION BY Wizfair Travels
The user acknowledges that Wizfair Travels provides services with reasonable diligence and care. It endeavors to ensure that the User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Wizfair Travels websites or other sales channels and ad materials may contain inaccuracies or typographical errors, which will be immediately corrected as soon as Wizfair Travels notices them. Changes are/may be periodically made/added to the information provided. Wizfair Travels may make improvements and/or changes in the Wizfair Travels websites at any time without any notice to the User. Any advice received except through an authorized representative of Wizfair Travels via the Wizfair Travels websites should not be relied upon for any decisions.
MODIFICATION OF THESE TERMS
Wizfair Travels reserves the right to change the terms, conditions, and notices under which the Wizfair Travels websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Wizfair Travels, at this moment, disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Wizfair Travels considers itself and intends to be subject to the jurisdiction only of New Jersey, USA courts.
RESPONSIBILITIES OF THE USER VIS-À-VIS THE AGREEMENT
The User expressly agrees that using the services is at their sole risk. To the extent Wizfair Travels acts only as a booking agent on behalf of third-party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Wizfair Travels be liable for the services offered by the service provider. The benefits are provided "as is" and "as available". Wizfair Travels may change the features or functionality of the services at any time, in their sole discretion, without notice. Wizfair Travels expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, which the User obtains from Wizfair Travels or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. Suppose the User does not agree with any of the terms above. In that case, they are advised not to read the material on any of the Wizfair Travels pages or otherwise use any of the contents, pages, information, or any other material provided by Wizfair Travels. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement is to discontinue using the services after notifying Wizfair Travels in writing.