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This Service Agreement (hereinafter referred to as “Agreement”) is the definitive agreement between uasonline a product of United Aero Services Pvt. Ltd., a company incorporated under the Companies Act, 2013 and having its Registered Office at 103, Nirmal Tower, Barakhamba Road, New Delhi, Delhi – 110001 (hereinafter referred to as “UAS”); and the “Agent” subscribing electronically to this service with his/its details captured separately. (UAS and the Agent are hereinafter individually called “Party” and collectively, “the Parties”)

  1. INTERPRETATION

In this Agreement, unless otherwise provided or if the subject or context otherwise requires:

(a)Words denoting the singular include the plural and vice versa,and words denoting the whole include a reference to any part thereof.

(b) Clause and Paragraph headings are inserted for ease of reference only and shall not affect the interpretation of this Agreement.

(c) References to this Agreement or any document or agreement include references to such document or agreement as amended, novated, supplemented, varied or replaced from time to time.

(d) The words “including”, “include” and “in particular” shall be construed as being by way of illustration only and shall not be construed as limiting the generality of any preceding words.

  1. AGENT’S RESPONSIBILITY

2.1 UAS grants to the Agent a limited, non-transferable right to use the Website in accordance with the terms and conditions of this Agreement. The Agent shall use the UAS Website to make legitimate reservations or purchases and shall not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
2.2 The Agent agrees that the Website and the content provided on the Website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of UAS,and/orits third party providers and distributors, except that the Agent may download, display and print the materials presented on the Website for business and commercial use only.
2.3 (i) The Agent shall be solely responsible for maintaining the confidentiality of its password and account information. The Agent may not authorize any third parties to use the services on its behalf, and shall be responsible for all actual or purported use by the Agent and those allowed by the Agent to use the services. The Agent may not divulge, sublicense, transfer, sell or assign its password and account information under any circumstances. Any attempt to do so shall be null and void and shall be considered a material breach of this Agreement.
(ii) The Agent shall be solely responsible for all usage or activity on its account including, but not limited to, use of the account by any person who uses its password and account information, with or without authorization by the Agent.If the Agent has reason to believe that its account is no longer secure(forexample,in the event of a loss,theft or unauthorized disclosure or use of its password and account information), it must promptly change the affected password and account information and notify UAS of the problem by e- mailing it. It is however clarified that the Agent shall be fully liable for all use of its account, including any unauthorized use of its account by any third-party.
2.4 Without prejudice to the foregoing core method of making bookings by utilizing the license to access the Website through the login and password,the Agents may from time to time, at UAS’s discretional written permission, make bookings by:
2.4.1 Either sending an offline request for ticketing through email/phone to UAS, with the tickets booked through this mode being reflected/uploaded on to the Website only once ticketing is complete; or
2.4.2 Accessing UAS’s IATA account through sub-logins, with such tickets may never getting posted/displayed/uploaded on the Website.Accordingly,it is expressly agreed that the Agent shall be fully liable for payments for the ticketing booked through these non-core methods as well.

2.4.3 The Agent shall not use the services provided by UAS through the Website for any purpose that is unlawful or prohibited.
2.4.4 The Agent shall inform UAS immediately by telephone and additionally confirm in writing any matters coming to the its knowledge which indicate a suspected problem (including incorrect pricing) with or misuse of the UAS automated electronic booking system by any person.
2.5 The Agent shall use the services provided by UAS at the prices advertised by UAS on the Website (the latest price advised being applicable) provided that the Agent shall be entitled to offer discounts and incentive schemes to its customers at its sole cost and responsibility without affecting its liability to account to UAS in accordance with this Agreement.
2.6 The contents of the Website(including information,communications,images and sounds contained on or available through UAS website) are provided by UAS, its affiliates, independent content providers and third parties. The contents of the Website are copyright UAS, its affiliates,independent content providers or third parties and cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of UAS.
2.7 The Agent acknowledges that UAS has not reviewed and does not endorse the content of all sites linked to from the Website and is not responsible for the content or actions ofany other sites linked to from the Website. The Agent’s linking to any service or site shall be at its sole risk.

2.8 Agent shall be responsible for dispatch of the tickets, vouchers, etc. directly to its customers accompanied with the required delivery challans and all other relevant documents as required under the applicable statutory and governmental regulations.Any improper travel documentation, the issuing agent will be responsible to bear the deputation charges.
2.9 Agent shall make delivery of tickets/vouchers & other required documents and collect the requisite details and payment from customers.
2.10 Agent shall have no authority to bind UAS to any third party commitments of any nature and Agent shall not hold out as an authorized representative of UAS in any manner whatsoever to any third party.
2.11 Agent shall be responsible for performance of its obligations and procuring the requisite data in accordance with the prevailing regulatory and statutory guidelines which shall not be limited to collection of Permanent Account Number (PAN), GST and other details of agency’s customers travelling through purchases on UAS.

  1. TERMS OF THE AIRLINES

The airline tickets available through the Website are subject to the terms & conditions of the concerned airline.
UAS merely acts as a facilitator to enable the Agent to book a flight ticket. The contract of service for utilization of the flight is always between the Agent and the concerned airline.
Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to UAS. As a facilitator UAS has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that an Agent may incur due to such change or cancellation of a flight.
Different tickets on the same airline may carry different restrictions or include different services and price.

  1. USE OF FLIGHT SEGMENTS

In the event Traveler does not embark on the onward journey, the entire PNR pertaining to that booking shall be automatically cancelled by the airline. In such a scenario UAS has no control in the said process nor will be obligated to provide alternate bookings to the Traveler. The cancellation penalty in such an event shall be as per the applicable airline rules.

  1. CHANGES TO THE EXISTING BOOKING

Any changes that are made to any existing booking shall be subject to certain charges levied by the respective airline, apart from the service fee charged by UAS.

The Agent shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking. However, depending on the airline’s policy and fare class, charges for changes or modifications to existing bookings may vary.

  1. REFUND

Refunds will be processed as per the airline fare rules and cancellation policy. Such refunds shall be subject to UAS receiving the same from the airlines. However, the convenience fee paid to UAS paid at the time of booking is a non-refundable fee.
All cancellations made directly with the airline need to be intimated to UAS, in order to initiate the process of refund. The processing time for refunds may vary depending on the mode of payment, bank etc. The refund shall be processed after deducting the UAS service fee which is independent of the convenience fee as mentioned above.
The refund will be credited to the same account from which the payment was made. For example, if the Agent used a credit card, UAS will make an appropriate charge reversal to the same credit card; like-wise if the Agent used a debit card, UAS will credit the money to the same debit card.
In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.

  1. CHARTER

7.1 TERMS OF CHARTER COMPANY

Charter facility means and include booking or hiring of an entire jet/aircraft/helicopter as available with the Charter Company.
The Charter facility booked through the Website is subject to the terms & conditions of the concerned Charter Company. The same will be communicated to the Agent at the time of booking and also through the booking confirmation voucher.
The Agents acknowledges that UAS merely acts as a facilitator to enable the Agent to book a Charter. The contract of service is always between the Agent and the concerned Charter Company.
The booking will be governed by terms decided by the Charter Company and the Charter Company reserves the right to cancel or reschedule the charter booked on account of events like bad weather conditions, lockdown, operational requirements or if there is any unforeseen technical/mechanical problem. An alternate charter is subject to availability and is the sole prerogative of the Charter Company of which UAS has no control. Any difference in the fare will be payable basis the fare existing at time of rescheduling the charter flight.
7.2 FACILITIES ONBOARD

Carry –on luggage /Baggage allowance, boarding & lodging facilities, number of passenger , food etc. are as per the terms of the charter Company and UAS has no role to play in the same. UAS may facilitate the communication on the requests of the Agent to the Charter Company, however, fulfilment of those requests are entirely the prerogative of the Charter Company
7.3 CHANGE IN THE EXISTING BOOKING

Any changes to an existing booking will be subject to the charges levied by the Charter Company. The Agent shall be obligated to pay applicable charges in the event of any alternation or modification to existing booking.
7.4 TRAVEL DOCUMENT

Agent understands that the Charter Company requires passenger names, nationality, passport number, date of issue and date of expiry, medical reports etc. well in advance to obtain necessary security clearances and to undertake the travel. Agent also understands that inability to traveler on account of not carrying valid travel documents or refusal to board shall be solely attributable to the Agent and UAS shall in no way be held liable for the same.
7.5 REFUND

Refunds will be processed as per the Charter fare rules and cancellation policy. Such refunds shall be subject to UAS receiving the same from the Charter Company. However, the convenience fee paid to UAS paid at the time of booking is a non-refundable fee.
The refund will be credited to the same account from which the payment was made. For example, if the Agent used a credit card, UAS will make an appropriate charge reversal to the same credit card; like-wise if the Agent used a debit card, UAS will credit the money to the same debit card.

  1. FEES AND PAYMENT

In addition to the cost of booking as charged by the Service Providers,UAS reserves the right to charge certain fees in the nature of convenience fees or service fees. UAS 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 Agent before confirming the booking or collecting the payment from such Agent. In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, UAS shall reserve the right to deduct, charge or claim the balance amount from the Agent and the Agent shall pay such balance amount to UAS. In cases where the short charge is claimed prior to the utilization of the booking,UAS will beat liberty to cancel such bookings if the amount is not paid before the utilization date.

Any increase in the price charged by UAS on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the Agent.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,UAS will process the refund of the booking amount paid by the Agent and intimate the Agent about the same. UAS 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.

The Agent 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 Agent agrees and understands that all payments shall only be made to bank accounts of

UAS. UAS 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 UAS. The Agent agrees that if that Agent transfers any amount against any booking or transaction to any bank account that is not legitimately held by UAS or to any personal account of any person,UAS shall not be held liable for the same. Agent shall not hold any right to recover from UAS any amount which is transferred by the Agent to any third party.

The Agent 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 UAS. The Agent shall immediately inform UAS if such details are demanded by any of its agents’employees or representatives.UAS shall not be liable for any loss that the Agent incurs for sharing the aforesaid details. Refunds, if any, on cancelled bookings will always be processed to there spective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the Agent through UAS are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing. UAS provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, UAS and third party Wallets, Gift Cards, EMI and more.

  1. USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE AGENT BY UAS

UAS will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the Agent, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the Agent at the time of booking.

UAS may also contact the Agent through the modes mentioned above for any pending or failed bookings, to know the preference of the Agent for concluding the booking and also to help the Agent for the same.

The Agent hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by UAS are:

● upon the request and authorization of the Agent;

● ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and

● in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The Agent will indemnify UAS against all types of losses and damages incurred by UAS due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the Agent on UAS with respect to the communications mentioned above or due to a wrong number or email id being provided by the Agent for any reason whatsoever.

10.OBLIGATION TO OBTAIN VISA

International bookings made through UAS are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the traveler as per the requirement of their travel bookings and the requirements of the countries the traveler intends to visit or transit through.

UAS 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 Traveler for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the Traveler has availed the services of UAS for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

  1. CONFIDENTIALITY

11.1 The Agent acknowledges that all documents and any other material containing or referring to confidential information which at any time are or become within or under its control, power or possession are, shall become and shall at all times remain the property of , to which the confidential information relates.

11. 2 The Agent undertakes (both during the term and after the termination date):

a)on request made at any time by UAS, to deliver all the confidential information (including copies thereof) or delete the confidential information from any re-usable material in accordance with the directions of UAS;

b) not to use or disclose any confidential information except as is necessary to perform its obligations under this Agreement or except as required by law or any regulatory body, provided that this clause shall not apply to confidential information which comes into the public domain other than through the default of any member of the Agent;

c) not to copy or reproduce any confidential information in any form or on any media or device except as is necessary to perform its obligations under this Agreement;

d) to ensurethatthe password and account information provided to it by the UAS for accessing the Website is secured by all means.

12. GOVERNING LAW:

This Agreement shall be governed by,and construed and in accordance with the Laws of India, and subject to Arbitration provisions below, with the exclusiveforumbeing courts at Delhi.

13.ARBITRATION

13.1 Any and all disputes or controversies arising out of or in connection with the interpretation, performance or non-performance, or termination of this Agreement, shall, to the extent possible, be settled in the first instance by prompt and good faith negotiations between the Parties.

13.2 If the dispute cannot be settled within seven (7)days by mutual discussions,the dispute shall finally be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by UAS.The venue of arbitration shall be New Delhi and the arbitration proceedings shall be conducted in language decided by Arbitrator.

13.3 Each Party shall bear its own costs(including legal costs)for participating in the arbitration proceedings. The arbitrator’s fees and expenses and other incidental expenses shall be paid by the Parties as determined by the arbitral tribunal.

  1. FORCE MAJEURE

Neither Party to this Agreement shall be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed by Force Majeure event including but not limited to fire, flood, war, riot, embargo, organized labour stoppage, earthquake, hurricane, acts of civil or military authorities, acts of terrorism, acts of god etc. beyond the reasonable control of the Parties, provided that the Party whose performance is affected by the event of Force Majeure gives notice in writing to the other Party of such event and provided further that the Party whose performance is so affected did not act in a reckless manner or did not willfully misconduct itself.

15. SEVERABILITY

The various provisions of the Agreement are severable and if any provision is found by the Parties hereto or is held to be invalid or unenforceable by any court of competent jurisdiction such invalidity or unenforceability shall not affect the validity or enforceability of any of its other provisions unless it goes to the root of the Agreement or radically affects it.

  1. ENTIRE AGREEMENT AND AMENDMENTS

This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof and merges all prior discussions and negotiations between them. No modification to or amendment of this Agreement shall be valid or binding unless made in writing by means of a side-letter and signed on behalf of the Parties by their duly authorized officers or representatives.

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