Pricelock

Introduction about the Product:[“Price Lock”] or hold collectively “[Lock Fare]” (hereinafter referred to as “Product”) can be described as a price guarantee which represents a right but not an obligation for the buyer of the lock to purchase a specified airline ticket during a specified period for the locked-in price against a lock fee (or fee) (“Lock Fee”). This product minimizes the risk of the Users/purchasers of the Lock (“User”) in case of fluctuations in the pricing of air tickets within a given time frame. The Company offers locks for different time periods, so User must carefully select the lock for desired duration. Lock Fee primarily consists of compensation for risk of fare change and transaction servicing fees. By purchasing the Product the User agrees to strictly comply with the terms and conditions set forth herewith. The product terms may also, include, without limitation to the below. The Company reserves the sole discretion to include any additional information as deemed necessary to sufficiently describe the product terms.

Lock Fees:By purchasing the product, the User accepts these Terms and Conditions mentioned herein. The terms may also, include, without limitation to the below:

• The Company reserves the sole discretion to include any additional information as deemed necessary to sufficiently describe the terms;
• The Lock Fee is non-refundable and non-adjustable. Additionally, the User must pay agreed upon amount to be paid for the airline ticket if exercised as per lock terms; The Lock Fee is calculated in a manner so as to minimize the risk of the User and insulate the User against increase in flight fares within the Lock Exercise Time (as defined below). A higher lock price reflects a greater risk of increase in flight fares within the Lock Exercise Time (defined below). If the User decides to exercise their Lock during the Lock Exercise Time (defined below), and the fare upon purchase exceeds the Lock-in Amount, the Company will make good the difference on behalf of the User during the purchase. Lock Fee not only allows the Users to set a cap on the cost of their air travel, but also it allows the Users flexibility of choice in taking advantage of the best possible deal for the User.
• The Lock Fee shall include applicable mandatory taxes and fees, along with any other fees.
• The Lock Fee specifically excludes any fees, surcharges, upgrades, or additional value added products or services that are not a required part of travel such as; Baggage fees, seating fees, dining fees, cancellation/change/refund fees, points redemption fees, point accelerator fees, and other such ancillary items.
• The product is offered for the eligible fares for flights whose time of departure is more than 3 (three) days away from the lock expiration time. This is subject to change without prior notice. For the purpose of the clarification, the First Permitted Lock Exercise Time means the time starting when lock exercise is permissible. Lock Expiration Time shall mean the last time when the Lock exercised is permissible;
• The product is offered only for the economy class domestic flights with in India. Sale and Promotional fares cannot be locked; also, the fares of Premium Economy and First Class cannot be locked.
• The product is non-transferable and can only be exercised for the same person whose details are given at purchasing.
• The User shall not take any action (or fail to take any action) that has an adverse effect on the Lock, or is detrimental to the interests or reputation of the Company. This provision shall be valid and enforceable irrespective of whether the User is aware of the consequences of such action or inaction, if it could be reasonably anticipated that such action (or inaction) would produce an adverse effect. Should the Company suffer any financial harm due to the actions as mentioned above, the Company reserves the right to charge you for the full amount of the fare increase and/or financial losses to the Company plus any other fees associated with such restricted use.
• The product may be purchased only by the end consumers, and cannot be purchased by other travel agencies/consultancies/airlines or companies engaged in similar or conflicting business operations as that of the Company. In accordance with this clause, No claim(s) can be brought against the company, pertaining to the Lock if the Lock has been purchased by a travel agency, company, or travel consultancy other than the end consumers of the Company itself.
• The Lock Fee is non-refundable and non-adjustable.
• The Product provides price protection against 100% of the locked-in fare, subject to a capped off amount of INR 7500 per passenger, known as the Maximum Settlement Amount.
• The User understands that the Lock is a perishable product, and that the products and services also are subject to availability. The Company shall not be responsible if at the time of completing the transaction on the Site, the product is not available or is sold out. If in case your flight may be sold out, or the class of fare opted for by you is no longer available, we shall exercise our best efforts to find an alternative option to ensure that you will be able to exercise your Lock tied to a different flight on the same airline, or even a different airline. In such a case, the User shall be obligated to accept that flight made available to them, without any liability to the Company. In the rare event of our being unable to find you an alternative flight, we agree to reimburse your Lock Fee in full, and also pay you a pecuniary liquidated compensation of Rupees equal to three times of the lock fee within thirty (30) working days. You agree that this amount is a reasonable estimate of your damages, and no further litigation or negotiations can be brought upon us by you, in pursuance of this claim.
• The purchaser of the Lock understands that in case of a price hike due to natural disasters, calamities, acts of God, the Company shall not be covering the same. In such a scenario, the Lock shall be invalidated.
• There shall be no relation subsisting between the Lock and any reward points or miles awarded to you by the airline, and you agree not to use the Lock along with any pre-existing offers, reward points, or miles as mentioned above.
• The User understands that a maximum of one Lock may be purchased by the User, per person per scheduled flight. The User shall agree that the Lock cannot be transferred, re-assigned, or re-sold to any other person(s).

Buying the Product: It is the duty of the User to provide true and factual information regarding his/her identity, contact information and any other information required by the website, to the very best of his knowledge and capabilities and must be fully legally authorised to use the mode of payment that the User chooses to exercise at the time of purchasing a Lock. If the details or information given at the time of purchasing the Lock are found to be wilfully misrepresented or fabricated, the User will be prosecuted to the fullest extent of the Governing Laws (defined below).Before buying the product, the User must verify the selection and the product terms associated with it. In order to purchase a product, the User must select the applicable product and enter valid payment details that will be verified by the Company and the payment gateway partner. All sales are final. Subject to the rest of the terms and conditions, the product will remain in your account until such time as you have exercised the Lock or such Lock has auto expired. The product(s) purchased are saved and maintained in your account once purchased and show up at relevant place on our website. Any exercise of the Lock during the exercise period is only permitted through the Company’s checkout process. The User shall note that the Lock is not the airline ticket in itself, and therefore there shall be no issuance of an airline PNR when a Lock is purchased by the User.

Exercising the Lock: Exercising the lock is simply purchase of the underlying air ticket as per the Lock. Exercise of a lock results in a new transaction for the purchase of the air ticket underlying the lock. Upon exercise the User is required to pay the lock-in price for the product. In certain cases, the Company may offer a fare that is lower than the original locked-in fare. In such cases, the Company may charge a service fee relating to changing the terms of the original Lock. The Company offers locks for a range of time periods or lock-in period or lock-in duration. The User may choose to exercise the lock anytime during the lock window (starting from the time of purchase of lock until lock expiration time) as per the period of lock. The terms of the lock are clearly laid out in the terms of the Lock and the Company assumes no responsibility for notifying the User of lock window. The buyer of the product assumes the responsibility to monitor the lock window and if desired, exercise the lock prior to Lock Expiration Time. It is important to pay the lock-in price to successfully complete the lock exercise.

Expiration of a Lock: A lock once exercised has no further value and is deemed null and void for further exercise, redemption, renewal or exchange in any manner. The fees is used up and shall not be claimed back. If the lock expires un-exercised, buyer’s rights on the underlying lock are extinguished without any further value. There can be no refund or exchange in any manner for an expired lock.

No changes or amendments can be made to a Lock, once it has been purchased by the User.

User’s Online Payments: In addition to the payments contemplated above, the Company charges a convenience fee on all bookings and cancellations. In case of cancellation of booking, convenience fee on booking is non-refundable. All payments must be made by Visa, MasterCard, Discover and American Express. We currently do not accept cash, personal or business checks or any other forms of payment, although in the future, this policy may be subject to change. Additionally, the User may use any modes of payment such as e-wallet as maybe displayed on the website. The above mentioned forms of online payments are processed through an online payment gateway system. If the payment on the credit card is declined for some reason, the order is liable to be cancelled. The User can pay for your order through the net banking options and the amount will be automatically debited from your account. “Convenience Fees” means booking fees, cancellation fees, reschedule fees, or any other fees charged by the Company for providing service as applicable. You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the services of the Company. In case, there is a short charging by the Company for listing, services or convenience 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. Any refunds arising from any transactions with the Company due to any cancellation of the Lock or any reason whatsoever shall be processed by Company in the same bank account or debit or credit card used by the User to make the payment at the time of booking.

LIMITATIONS

Limitation of services:Cleartrip is offering this product through its partner company Quantofy. Quantofy uses proprietary methods of data analytics and data science in order to build and execute predictive statistics on a per-flight basis. Quantofy chiefly achieve this by analysing raw historical flight data and current trends. The User agrees that the usage of Quantofy’s services will be in full acknowledgement of the limitations of modelling and predictive analytics, and that Quantofy’s services and its data are only provided on an informational, best-effort basis. As there are technological limits on the accuracy of information that we provide, Quantofy will not be held liable for any issues resulting from the User’s use of its data for any reason.

Disclaimers of warranties: The User understands, acknowledges, and agrees that except where otherwise indicated, the entirety of Quantofy’s properties and services are provided for informational purposes only, and solely on a probability basis. Quantofy makes no guarantee, representation, or warranty of any kind regarding the accuracy, completeness, and timeliness of the information given, especially as it relates to the airfare prediction analytics. Quantofy similarly make no warranties as to the quality, performance, or satisfaction of Quantofy’s services. The User understands that computer software is ultimately created by human beings and is inherently subject to occasional errors, bugs, compatibility issues, and hardware issues. Quantofy will not be held responsible for any damages and injuries to any persons, tangible property, or intangible property, occurring as a result of reliance on Quantofy’s services.

INDEMNIFICATION

The User shall indemnify, defend, and hold harmless Quantofy, its affiliates, and its and their officers, directors, employees, suppliers, representatives, and agents (“Indemnities”) from and against any and all claims, losses, taxes judgments, costs, awards, expenses (including reasonable attorneys’ fees), liabilities, and damages of any kind arising out of or related to: (a) misrepresentation;(b) abuse, and in general (c) breach of the terms of this agreement in the part of the User.

Terms Subject to Change: Periodically, Quantofy may, in the spirit of betterment of services to its Users may subject the terms and conditions as furnished here to certain necessary changes. Quantofy therefore reserves the right to modify the Terms and Conditions at any given time as it may deem fit. However, appropriate measures would be adopted in intimating the Users about the same and the modified terms will be posted alongside the new terms in such an event. Should the User be in any kind of conflict with the new set of terms in their entirety, they may cease the usage of the site. Should the User breach any of the Terms and conditions, and we should fail to act on such a breach, Quantofy, in no way waives its right to enforce our rights and claims in the future.

If any portions of the Terms and Conditions are found by a court of law to be either invalid or otherwise unenforceable as written, Quantofy will continue to pursue all claims to the fullest extent permitted by the applicable laws. Any portion of the Terms and Conditions that may be deemed unlawful, void, or not enforceable for any reason shall be deemed severable from the remaining terms, with no effect on the validity or enforceability of the remaining terms.

GOVERNING LAWS

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India. Any dispute(s) arising out of the subject matter of these Terms and Conditions shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Bangalore, Karnataka, India.

DISPUTE RESOLUTION

If any dispute arises between you and the Company during your use of our services or thereafter, in connection with and arising from your use or attempt to use our services, you will contact our client support team either by phoning in to the client support hotline mentioned on our website. Conditions or by writing in at e-mail ID and clearly state the reason for the dispute in a reasonable manner. The client support team shall then attempt to resolve your issue on a priority basis, and use their best efforts to resolve it amicably within 60 days of the issue being brought to the notice of the Company. In the event of failure of the client support team to resolve your dispute amicably within the above mentioned time frame, the dispute shall be referred to arbitration. Both parties shall agree to a sole arbitrator. The arbitrator’s fees shall be capped at fair market rate. The seat of arbitral proceedings shall be at Bangalore; the arbitral proceedings shall be conducted in the English language in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. The arbitral award shall be deemed to be final and binding on both the parties to the dispute.