Terms of Service

Introduction

Welcome to Flying Apes. These Terms of Service ("Terms") govern your access to and use of the Flying Apes website, mobile application, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Flying Apes Private Limited, a company registered under the Companies Act, 2013, with its registered office in Mumbai, Maharashtra, India ("Flying Apes," "we," "our," or "us").

The headings used in these Terms are for convenience only and shall not affect their interpretation. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our Services

Service Description

Flying Apes provides an online platform that enables users to search for, compare, and book air travel services. We are a travel intermediary and act as an agent for third-party service providers such as airlines. Our Services include, but are not limited to:

• Flight search and comparison
• Flight booking and reservation
• Booking management
• Customer support related to the above services

Third-Party Services

The travel services you book through our platform are provided by third-party service providers, such as airlines. These providers have their own terms and conditions that govern the services they provide. By booking services through our platform, you agree to be bound by the applicable terms and conditions of these third-party service providers.

We are not responsible for the services provided by these third parties, and your legal recourse for issues with the travel services is primarily with the third-party service provider. However, we will make reasonable efforts to assist you in resolving any issues with these providers.

Service Availability

We strive to ensure that our Services are available 24/7. However, we do not guarantee that our Services will be uninterrupted, timely, secure, or error-free. We reserve the right to suspend, restrict, or terminate access to our Services at any time without notice for maintenance, updates, or any other reason we deem necessary.

Your Account

Account Creation

To use certain features of our Services, you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities

You agree to:

• Create only one account for your personal use
• Not share your account credentials with others
• Immediately notify us of any unauthorized use of your account or any other breach of security
• Ensure that you log out of your account at the end of each session when accessing our Services on a shared computer
• Update your account information to keep it accurate, current, and complete

Account Termination

We reserve the right to suspend or terminate your account and your access to our Services at any time, without notice, for conduct that we determine, in our sole discretion, violates these Terms, our policies, or is harmful to other users of our Services, us, or third parties, or for any other reason.

You may close your account at any time by contacting our customer support. However, if you have any active bookings or pending refunds, you might need to wait until these are resolved before your account can be fully closed.

Bookings & Payments

Booking Process

When you make a booking through our Services, you are entering into a contract with the respective airline or travel service provider, and Flying Apes acts as an intermediary in this transaction. You must provide accurate and complete information for all passengers included in your booking, as required by the airline and regulatory authorities.

Once your booking is confirmed, you will receive a confirmation email with your booking details and e-ticket. It is your responsibility to review this information for accuracy and to contact us immediately if there are any errors.

Pricing and Payments

All prices are displayed in Indian Rupees (INR) unless otherwise specified. The total price displayed during the booking process includes the base fare, taxes, and mandatory fees imposed by the airline or government authorities. Optional services selected by you, such as seat selection, baggage, or meals, will be added to the total price.

We accept various payment methods, including credit cards, debit cards, net banking, UPI, and digital wallets. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you provide is true, accurate, and complete
• You authorize us to charge the payment method for the total amount of your booking

All payments are processed securely through our payment gateway partner. We do not store your full credit card details on our servers.

Price Guarantees and Changes

The prices of flights are dynamic and can change at any time based on availability, demand, and other factors. We guarantee the price of your booking once the payment has been successfully processed and we have issued a confirmation.

In rare cases, technical errors or system issues may result in incorrect pricing being displayed. We reserve the right to cancel bookings made at an incorrect price and refund the amount paid, in accordance with applicable laws.

Cancellations and Modifications

Cancellation and modification policies depend on the fare rules of the airline or service provider. These rules are provided during the booking process and in your confirmation email. Generally:

• Non-refundable tickets cannot be refunded, except for the refundable taxes and fees
• Refundable tickets can be cancelled with varying cancellation fees depending on the time of cancellation
• Modifications (such as date changes, name corrections) may be subject to fees and fare differences

To cancel or modify a booking, you can use the self-service options in "My Bookings" or contact our customer support. Refunds, when applicable, will be processed to the original payment method and may take 7-14 business days to reflect in your account, depending on your bank's policies.

User Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt our Services, servers, or networks
• Use our Services to transmit or upload any viruses, malware, or other malicious code
• Use our Services to collect or harvest user data without permission
• Impersonate or attempt to impersonate Flying Apes, a Flying Apes employee, another user, or any other person or entity
• Use automated scripts or bots to access our Services, except as expressly permitted by us
• Use our Services for any commercial purpose, including reselling or redistributing our Services
• Make false or fraudulent bookings or reservations

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing prohibited content, suspending or terminating accounts, and reporting violators to law enforcement authorities.

Intellectual Property

Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Flying Apes, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, and logos used and displayed on our Services are registered and unregistered trademarks or service marks of Flying Apes. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on our Services without our prior written permission.

License to Use Our Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of our Services or content
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of our Services or content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

User Content

If you provide any content to us, such as reviews, feedback, or suggestions ("User Content"), you grant Flying Apes a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above to us and our affiliates and service providers.

Disclaimers

General Disclaimer

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Content Disclaimer

We do not guarantee the accuracy, completeness, or reliability of any content available through our Services, including flight information, prices, or descriptions. While we strive to provide accurate and up-to-date information, prices and availability are subject to change without notice due to the dynamic nature of the travel industry.

Service Provider Disclaimer

We act as an agent for third-party service providers and are not responsible for the services provided by these third parties. We do not guarantee the quality, reliability, or suitability of any services provided by airlines or other travel service providers. Any issues or claims regarding the services provided should be addressed directly to the service provider.

Travel Disclaimer

Air travel is subject to various factors beyond our control, including weather conditions, air traffic control, security requirements, and airline operations. We are not liable for any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our reasonable control.

It is your responsibility to:

• Check the current status of your flight before traveling
• Arrive at the airport with sufficient time for check-in, security screening, and boarding
• Ensure you have all necessary travel documents, including valid identification, visas, and any required health documents
• Comply with all airline and airport regulations

Limitation of Liability

To the fullest extent permitted by applicable law, Flying Apes and its officers, directors, employees, agents, subsidiaries, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content
• The services provided by third-party service providers, such as airlines

Our total liability to you for any and all claims arising from or related to your use of our Services shall not exceed the amount paid by you to Flying Apes during the six (6) months preceding the event giving rise to the liability, or INR 5,000, whichever is lower.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Flying Apes and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our Services, including, but not limited to, your User Content
• Your violation of any rights of another
• Your violation of any law, rule, or regulation
• Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of our Services.

Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The place of arbitration shall be Mumbai, Maharashtra, India. The language of the arbitration shall be English.

Jurisdictional Issues

By accessing or using our Services, you agree that the courts of Mumbai, Maharashtra, India, shall have exclusive jurisdiction to resolve any dispute arising from these Terms or your use of our Services, except to the extent that applicable law requires arbitration.

Consumer Disputes

For consumer disputes, you may also seek recourse through consumer forums or other consumer dispute resolution mechanisms available under Indian law, including under the Consumer Protection Act, 2019.

Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter.

Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We will provide specific notice of material changes to these Terms, such as by sending you an email notification or displaying a prominent notice on our website, when required by applicable law.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms or our Services, please contact us at: