Terms and Conditions - Gangtok | Darjeeling

Summary: We have added a summary to each section for a quick and easy read. You agree to follow the conditions listed below. The summaries are not a part of the actual policy; we have added them to make things easier for you to understand.

These Terms of Use (“Terms of Use”) have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.fleekcars.com.

About Us

The domain name www.fleekcars.com (hereinafter referred to as "Website") owned and managed by Fleeks Cars Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at 7A Kutchery Road, Meadow Bank, Darjeeling 734101 (hereinafter referred to as “Company”)

Summary: This covers all the terminology that will be used in the rest of the document. Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies that are incorporated herein by way of reference. If ‘You’ transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. This Website allows the User to surf the Website. The term "We", "Us", "Our" shall mean Company.

Eligibility to use

Summary: You have to be 18 years old to use this site. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse ‘You’ access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that ‘You’ will use the Website in a manner consistent with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Your use of Company Website

Summary: You need an account to use all the features on the website. Keep your password a secret. The Company offers its services to different categories. Users of each of the categories are required to register themselves on the Website and make an individual account with Company in order to receive its services. Such an account is accessible by the unique username and password provided to the User by the Company when they chose to register themselves on the Website. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

You shall ensure that the Account Information provided by ‘You’ in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

Privacy and Information Protection

Summary: We have a privacy policy that explains how we use your data. You can read it here. Please review our Privacy Policy, which also governs your visit to this Site, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of www.fleekcars.com will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

Charges for using the Website

Summary: Browsing our website is free! Company does not charge any fee for browsing the Website. Company reserves the right to change its Fee Policy on any services provided from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted and updated on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Similarly, company occasionally may introduce offers and discount for services and it will be on the sole discretion of the company and governed by our Fee Policy.

Rights of use

Summary: Browsing our website is free! But you cannot use any of our content, images or any downloads for any financial gains. Company grants you limited rights to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of this website or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.

Your Conduct

You must not use the Website in any way that causes, or is likely to cause interruption, damage or impair in any way. You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following: For fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or anxiety.

POLICIES

Summary: This is a travel company and environment where you travel changes without notice. All the details provided in the website is as accurate as possible but sometimes things change and you can’t hold us responsible for changes that occur that is beyond our control. These rules and policies can be changed. If you have questions you should email us on [email protected]

Profanity Policy

Our Website prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Disclaimer of Warranties and Liabilities

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety for a particular purpose, or legality of the products/itineraries/services listed or displayed or the content (including product/itineraries/services) information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Communications

When you visit www.fleekcars.com or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.

IN NO EVENT SHALL Fleeks Cars BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Severability & Waiver Contact Information

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Contact Information

This site is owned and operated by Fleeks Cars. If ‘You’ have any have any question, issue, complaint regarding any of our Services, please contact [email protected]

Photography and Videography

All the events organized by Fleeks Cars, and feedback received therein may be recorded and photographed. All rights to edit and publish the aforesaid subsist with Fleeks Cars

Right to Refusal

“The Company reserves the right to refuse permission to ‘You’ to participate in any activity organized by the company, at its discretion without assigning any reasons whatsoever. Further the Company reserves the right to re-schedule, cancel or amend the terms governing activities, at its discretion without any prior written notice/intimation.” “Each order placed on this website constitutes an offer to purchase products/itineraries/services. Orders are subject to Company’s acceptance and may be refused at Company’s discretion.”

Fleeks Cars Conditions on Product and Services:

INTRODUCTION:

We make all possible efforts to secure and deliver services (sometimes from reputed suppliers) for you so that you can travel safely and securely and you get best value for money on our individual customized trips/services/experiences. We also sell travel related products designed and operated by Third Parties. All our products are sold subject to these Terms and Conditions and the same shall govern the contract between the client and us. In the event of the Client booking through us, any third party tours or travel products or services, the Terms and Conditions specified by such Tour Operator, including their payment schedule, cancellation, refund, rules and regulations etc. shall be applicable, in addition to our Terms and Conditions. In order to avoid any misunderstanding kindly read the Tour Description, the Price Offer, the Booking Form and the Terms and Conditions carefully.

ACCURACY OF TOUR DESCRIPTION:

Tour Descriptions are written several months in advance and the services offered mentioned in the website and printed documents, are as normally updated and as accurate as possible. However, we do not have direct control over the suppliers, as we are tour operators and do not own any hotels, airlines, restaurants and railways. Circumstances beyond our control like major road works, traffic congestions, weather conditions, fairs, festivals, sport events, political / religious gatherings, strikes, change of management / closure of hotels / restaurants, over booking of hotels / flights, cancellation / re-routing of flights or railway, closure of / restricted entry at a place of sight seeing may result in changes in the services / itineraries. Therefore, we reserve absolute right to alter, amend, change or modify the trip experiences and services, itineraries, schedule, travel plan, trip arrangements and sightseeing mentioned in the website/brochure. Where we may know of these changes sufficiently in advance we will notify you. The applicable cancellation charges levied by third party suppliers such as hotels, guides, farmstays, homestays, transportation suppliers are 100%, which are payable by you. We request your co-operation where such changes are made. No complaints or grievances in this regard would be entertained either during the tour or after the tour has concluded.

INCLUSIONS AND EXCLUSIONS:

Please refer to the relevant section in the pricing section on our website and relevant document. Fleeks Cars will deliver as per the trip inclusions and exclusion policy. Delivery of services will be as per confirmed and paid for as per the Invoices and Service Vouchers. If you avail any service(s) which is not included then the payment for the same will have to be cleared by you directly. Please note that, porterage, tips, gratuities, room service, laundry, excess baggage charge, a la carte meals, alcoholic beverages and soft drinks, paid toilets etc are not included unless specifically mentioned as included.

TIPPING:

Tipping is customary however; India does have a tipping culture generally. Tipping at Clients/Travellers discretion.

PUNCTUALITY:

Respect for time prescribed for joining the group specially during scheduled Day Trips, Transfer Services and Accommodation Check in and Check out times, clients will have to strictly adhere to the prescribed timetable for the day. In case any sightseeing or services are missed due to your default the same will be non-refundable. Tour Participants are requested to strictly follow the time schedule given at all times including the departure time from the hotel, sightseeing places or joining point of the trips etc.

MEALS:

We reserve the right to change the meal arrangement, where circumstances compel us to do so specially on our Day Trips. Although, we will understand the dietary requirement but it would not be possible for us to process it all the time. We cannot process for a special meal, diet meal etc. nor can we guarantee a special diet for prospects if applicable. In the event of clients missing specific meals, then he/she can make no claim for the meal which he has missed and not utilized.

ACCOMMODATION:

We take great care to select the style and locations of hotels based on our experience-based itineraries, which are chosen both for their comfort and value for money. However, you may have to stay in hotels further away from the cities and itineraries may have to be amended / altered. At many locations, twin beds may not be available and single rooms are smaller. Triple rooms may be used instead of double at times. Attached baths are normally available but you may have shared common bathrooms at some remote homestays and farm-stays. You will have paid any damage caused to the hotel property by you directly to the hotel and we would not be responsible and / or liable for the same.

CHILD POLICY:

Children below 12 years of age who is booked on the trip with accommodation will be provided with the special rate without a bed. In case the Client decides to make any change in the rooming while on the tour then they shall be bound to pay additional amount charged to them by the concerned accommodation providers directly. On our Day Trips and Tours, children discounts and special rates applies as per the entrance fees on the monuments, reserved cars etc. For example, if a child is taking a mountain biking or a cooking class trip then the children will have to be paid in full or discounted rate as per the company pricing strategy or negotiated during the time of booking.

SCOPE (ACTIVITIES/TRIPS/TOURS)

Since we do not control or operate any airline, bus (coach services), hotel, transport, restaurant, railways, or any other facility or service mentioned in the itinerary. We only take care in selecting and curating the best experiences for you. As we have no control in running them, we cannot be responsible for any deficiency in service, delays, improper services provided by any agency, airline, transport, hotel, cruise or any provider of services, for any injury, death, loss or damage which is caused by the act or default of the management or employees of any hotel, airlines, coach owners / coach operators / tour operators who are the Company's independent contractors. We are also not responsible for the delay or deficiency in services provided by agency, airline, transport, hotel, or any provider of services, and / or any act or actions of co-travellers, co-passengers which may result in injury, damage to the life / limb or property of the Client or interfere with enjoying or availing the following and / or the other services to be provided on the tour/trip.

LEGAL TERMS AND JARGONS USED:

YOU OR CLIENT: means the person/s in whose name and / or whose behalf the Booking is made and / or whose name is on the Booking Form, Invoices and Service Voucher(s). WE OR US: means Fleeks Cars INFANT OR CHILD: 'Infant' means a person below the age of two years, and a 'Child' means a person above the age of two and below the age of twelve years. INDEPENDENT CONTRACTORS: means 'any hotelier / hotel owner, owner of any airlines, railway, ferry boat owner / operator, coach owner / operator, owner / operator of any other Person or Organisation etc. who have been selected by the Company to render services to the Client'. PRICE: means the tour cost mentioned in the website/invoice and other payments such as taxes, surcharges etc payable by the client to the Company (please refer to inclusions and exclusions section). CANCELLATION POLICY: means and includes all the cancellation charges levied by the company from time to time, third party cancellation charges etc. as more particularly described hereinbelow or any other documents. There is no contract between the Company and the Client until the Company has received the appropriate non- refundable deposit (if any applicable and prescribed as per payment terms). If not paid in that time, the Company reserves the right to cancel the booking with the consequent loss of deposit and apply the scale of cancellation charges as applicable and prescribed as per payment terms. The Company has the right at any time and for any reason To terminate the Contract after acceptance of deposit but prior to the commencement of the Holiday without assigning any reason whatsoever. In the event, the Company terminates the Contract, the Company may refund the amount of deposit to the client without payment of any interest after deducting actual expenses incurred on the booking like visa charges, travel insurance, retention charges of overseas suppliers, ticket voiding charge etc. To amend, alter, vary or withdraw any tour, holiday excursion or facility it has advertised or published or to substitute an independent Contractor of similar class, if it is deemed advisable or necessary. In either case, the Company shall not be liable for any demand, additional expense or consequential loss suffered by the clients or for any compensation claim.

TRAVEL DOCUMENTS AND CLEARANCES:

It shall be solely the Clients' responsibility to hold valid and genuine travel documents and statutory clearances, to be able to travel on the Holiday, such as passports, visas, confirmed air-tickets, insurance and medical insurance certificates and other statutory certificates including immigration clearance etc. The company may take responsibility to acquire inner-line permits within the states travelled if necessary.

HEALTH AND INSURANCE:

It shall be the sole responsibility of the client to buy/acquire travel insurance. Company shall have the right to cancel the arrangements of the clients booked on the tour/trip/experiences in case the client has any medical condition that may affect his ability to enjoy and pursue the tour/trips/experiences and wherein the interest of the group or any member thereof is prejudicially affected. Any adventure sports that are included in the tour package, the clients shall avail of the same at their own risk having regard to their medical condition. The Company shall not be liable for any death, injury or other loss that may be occasioned due to participation of client in such an adventure sports.

LIABILITY:

In the event of the Company exercising its rights to amend or alter any Tour/Services/Experiences advertised in their itinerary after such tour, trips or experiences has been booked, the Client shall have the right: To continue with the Tour or holiday as amended or altered or to accept any alternative arrangements, which the company may offer. In either of these above cases the Client shall not be entitled to or the company shall not be liable to the client for any damage, additional expenses, consequential loss suffered by him or to pay any amount as refund. In the event that the Company is unable to conduct a particular Tour, the Company may at its own discretion, refund the amount of the cost of the said Tour to the Client (after deducting the actual expenses incurred by us on the booking like ticket, entrances and other overheads as applicable etc on a case to case basis) without any interest on the same. The Client will not be entitled to make any grievance thereafter in respect of the same. Refund, if any would be paid to the client in Indian Rupees (INR). The Company shall, in no circumstances whatsoever be liable to the client or any person travelling with him for: Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and / or damage or any kind of theft howsoever caused; Any act, omission, default of any independent Contractor or other person or by any servant or agent employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facility or service for the client or for any person traveling with him howsoever caused. The Company shall not be responsible and / or liable for any damages caused to the Client due to reasons beyond the control of the Company (Force Majeure / Vis Majeure). In any case, no liability on the part of the Company arising in any way out of this contract in respect of any tour, holiday, excursion facility shall exceed the total amount paid for the tour/trip/experience, and shall in no case include any consequential loss or additional expense whatsoever.

GRIEVANCE:

If the Client, has any grievance in respect of any services provided by any of the Independent Contractors it shall be immediately taken to the supplier/contractor for rectification. If the client wants to engage us (company) to take up the matter with the Independent Contractor please write to us at [email protected]

CANCELLATION:

As the services to be provided to the tour participants are booked in advance and several months in advance at times, cancellation of such services earmarked for a particular departure results in the Company losing money depending upon the time of cancellation to the Supplier. Therefore any cancellation of tour / services booked by a tour participant will attract cancellation charges as specified by the company. If the tour participant books a third party product or service, the Terms and Conditions and cancellation policy of such third party would be applicable in addition to the Company's Terms and Conditions. Any cancellation of tour / services has to be in writing clearly stating the reasons for cancellation. You expressly agree to the foregoing terms.

REFUNDS:

The company reserves the right to determine the quantum of refund payable in case of cancellation or amendment of a Tour due to Force Majeure or Vis Majeure. Such refund would be based on various factors like the number of participants, the cancellation policies of suppliers like hoteliers, transport operators, etc. and the decision of the company on the quantum of refund shall be final. Even in case of tour for which the payment was made in foreign currency with or without part payment in Indian rupees, the said refund shall be made only in Indian rupees at the prevailing buying rate of exchange on the date of refund as per existing Rules & Regulations. It would take at least 45 days to process such refunds. In case of the Company exercising its discretionary rights to alter, amend or cancel any Tour or holiday advertised, the Client who has booked for such Tour can exercise the option: To continue with the Tour as altered or amended; or To accept any alternative Tour, which the Company may offer; or To unconditionally accept the return of the tour cost charges (after deduction of the actual expenses incurred by us on your booking like ticket voiding charges, other overheads as applicable from case to case) in full and final settlement and the company shall not be liable to pay the client, compensation, consequential loss, damages, additional expenses or interest charges over and above as is computed by the Company as per these 'Terms & Conditions'. The Client will not be entitled to make any grievance thereafter in respect of the same. In case of the Client travelling on an amended Tour, the legal relation between the parties shall not change only by virtue of the amendment. The Client opting to continue with the Tour Arrangements as altered or amended shall pay additional charges if any levied by the Company. There shall be no refund if the Client does not or cannot utilise any service included in the Tour Cost or paid for like meals, rooms, entry tickets, excursions etc., nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers.

CONDITIONS OF TRAVEL:

The Client will have to strictly follow the Tour Program. It shall be noted that for all purposes, it shall be the responsibility of the Client to reach the place of commencement of the Tour and register with the representative of the company at the appointed place, date and time. There shall be no refund, if the client is not present at the commencement of the tour/trip/experience. If a client along with his family is compelled to discontinue the tour due to any reason whatsoever including illness, death or loss of any travel documents, no claim shall be entertained for refund of unutilized services. The booking shall be treated as 'NO SHOW' and 100% cancellation charges will be levied. Fleeks Cars PVT. LTD, reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers and Fleeks Cars PVT. LTD, shall be under no liability to any such person. It is hereby declared that the immunities provided under this contract shall be available to the Company's Managers, including Tour Managers, Employees, Servants and Agents but not to the Independent Contractors selected by the Company. No liability on the part of the Company arising in any way out of the Contract in respect of any tour, holiday, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour holiday, and shall in no case include any consequential loss or additional expense whatsoever. It is a condition of Booking that you take your own Travel Insurance arrangements. If no suit / action is brought against the Company within three months of the last day of the FIT Tour, the Company shall be discharged from all liabilities under / or arising out of this Contract and the Client shall be deemed to have relinquished / abandoned all his rights under or arising from this Contract. In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time, unless a specific assurance to the contrary is published.

LAW & JURISDICTION:

In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the applicable rules. The Mediator shall be appointed by the Company. If the dispute is not settled by mediation within [thirty] days of the appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute may be settled in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed in accordance therewith. The Arbitration proceedings will be in Kolkata. The arbitrator's decision shall be final and binding on both parties. In case of any dispute concerning the award the courts in Kolkatai alone shall have exclusive jurisdiction. This contract will be governed by Indian laws. You agree that in the event of a dispute or difference between the parties the exclusive jurisdiction shall vest in the competent court / forum / tribunal in Kolkata only. As to the interpretation of the aforesaid terms and conditions, the decision of Fleeks Cars shall be final and binding upon you.