Clients of FCM in India| Terms of Use

1. Term and Renewal: The term of the Agreement shall be 1 (One) year with effect from your acceptance to these Terms of Use unless terminated earlier by the parties. The Agreement shall automatically be renewed for a period of 12 months.

2. The term “Principal Service Provider” means and includes airlines, railways, transporters, passport/visa authorities, foreign exchange dealers, hotels, resorts, restaurants, surface transporters, courier companies, etc. FCM bears no responsibility for the Principal Service Providers nor does FCM provide any warranty or representation regarding the standard of services provided by the Principal Service Providers. All bookings made with the Principal Service Providers in the course of rendering the services will be subject to the terms and conditions including conditions of carriage and limitations of liability imposed by the Principal Service Providers. FCM will not be liable for the acts, omission or default of the Principal Service Providers nor shall FCM be liable for any defect or deficiency in the services of the Principal Service Providers. In all cases, the Client’s legal recourse will be against the specific Principal Service Providers and not against FCM.

3. Issuance of visas depends on the sole discretion of the visa counsellor and FCM shall only act as a representative on behalf of the Client for appropriate guidance for visa submissions regarding documentation requirements. Client will be responsible for timely submission of true and correct documents. FCM shall not be liable for any decisions of the visa counsellor. The decision of visa grant, duration of the visa validity and the number of entries permitted in respect of each such visa is at the sole and absolute discretion of the visa counsellor and FCM shall have no liability whatsoever. If any booking is made in advance by making a token amount to the third party vendors to secure uninterrupted and smooth service for the Client or its traveller and in the event of rejection or delay in processing visa application, the refund shall be subject to refund and cancellation policy of such vendor(s). There might be hundred percentile cancellation of the advance payment. FCM shall have no liability towards Client for refund of amount already paid to the third party vendor.

4. Client may authorize FCM to assist its employees/traveller/representative in filling the visa application/Boarding Pass/web check-in/Health Related declaration/Air Suvidha and other necessary forms or fill the same on Client’s behalf and submit with the concerned authority. FCM shall charge for these services as agreed mutually between the parties. The Client undertakes to provide true and correct particulars/documents for filing the application/declaration, In any event, if any of information or document provided by the Client’s employee/traveller/representative is found false or incorrect, Client will hold harmless and indemnify FCM Travel Solutions, its directors, authorized representatives, agents and sub-contractors from any loss, cost, penalty or damages incurred to FCM with respect to assisting in filing and submitting application/declaration. Client understands that concerned authority will have the discretion to accept or reject application and Client will have no right to raise any dispute against FCM Travel Solutions for any act of the concerned authority. It is agreed by the parties that while filling up above form/application, first three incidences of human error would not be termed as negligent act on the part of FCM and Client would not raise any dispute on FCM on account of any human/manual error.

5. Cancellations/Refunds: As per policies of the Principal Service Providers. Credit of refunded amount will be passed on to the Client only after the receipt of such refund money by FCM from the relevant Principal Service Provider. Refund on reported cancellations will be through issuance of credit notes, to the extent of the amount received from the Principal Service Providers, net of cancellation charges. Client shall neither hold payment of unpaid invoices for not receiving refund on reported cancellation nor any proposed refund amount shall be adjusted in any payment to be made to FCM.

6. Client shall create an email id specifically for travel related services and all the service requests shall be sent only through this email id and request for service other than the authorized email id shall not be entertained by FCM. This will help Client to reconcile all information related to this agreement and travel related services. Once the request is routed through above email id, it will be deemed as approved and authorized by the concerned authority of the Client.

7. Both the parties shall appoint and authorize SPOC (Single Point of Contact) to send and receive service request. Parties are under obligation to intimate the other party about any change in SPOC. FCM shall not be held liable for any loos or damages caused to the Client for acting on the instruction of such SPOC of Client. At no point of time, the Client shall claim that the SPOC appointed by it, was not authorized to make any booking request.

8. All software that is licensed by FCM from a third-party supplier, will be and remain the intellectual property of such third-party supplier. Each Party is under obligation not to use the other party’s trademarks, logos or trade names for any purpose without such party’s prior written consent and subject to any conditions it may impose.

9. As at the Effective Date, the Client represents and warrants to FCM that the Client will provide all necessary details in respect of its travel requirements to FCM and FCM shall make such bookings etc. for the Services in reliance on the information provided by the Client. The Client agrees that failure by the Client to provide all such necessary information in relation to the required Services shall release FCM of its obligations to provide the Services under this Agreement. As at the Effective Date, the Client represents and warrants to FCM that the Client will ensure that all payments for the Services (including payments for the Services provided to Authorised Travellers) are made to FCM in a timely manner and in accordance with the terms of these Terms of Use and as per applicable law. 

10. KYC Documents - The Client undertakes to provide certified true copies of its Permanent Account Number, Tax Deduction Account Number, COI (Certificate of Incorporation) and Address Proof (Utility Bill) to FCM on the Effective Date, which will be appended to and will form part of these Terms of Use.

11. Each party shall release, hold harmless, defend and compensate the other party in respect of any actual and direct loss, damages, claims, costs or expenses that may be suffered or incurred by the other party, directly caused by (a) any loss of, damage to any property (including personal effects) directly caused by a party and any injury to or death of any person directly caused by a party; (b) any breach of confidentiality obligations under these Terms of Use; (c) any breach of the representations and warranties, undertakings and covenants under these Terms of Use; (d) any wilful negligent act or wilful omission or wilful misconduct of or by a Party or its personnel; (e) any infringement by a Party of the other Party’s  intellectual property rights or any third party’s intellectual property rights directly caused by the Party, except to the extent that the loss or damage is directly attributable to the wilful negligence or wilful default or wilful omission of the other Party.

12. Liability of parties is restricted to only actual/direct losses and shall not include consequential, punitive, special, indirect losses. FCM’s and Client’s total liability is capped to the transaction fee for that particular transaction giving rise to the claim. In no circumstances shall FCM’s and Client’s liability exceed the total transaction fees received/earned by FCM from the client’s account under these Terms of Use in the relevant calendar year.

13. Notwithstanding anything contained in this agreement, client understands and agrees that any payment made under these Terms of Use through offline debit charge on any payment card by sharing the payment card information with FCM, in such a scenario FCM or any of its director, employee, officer, stakeholder, representative shall not be held responsible or liable for any confidentiality breach including any person acquiring access to such payment card information in an unauthorized manner or whatsoever, and the client further undertakes to hold harmless,  Compensate and release FCM from and against any liability, loss, damage or claim raised by the card holder or any third party which may arise in connection with sharing of card information with FCM.

14. Client agrees and undertakes to release FCM from and against any liability, loss, damage or claim (made either by the customer/ traveller/ passenger or through any other person acting on behalf of such Client / traveller/ passenger) which may arise due to the use of Client’s personal or financial information by FCM while processing a request to update a user profile in FCM’s booking/ ticketing system. Client further understands and agrees that in case of a confidentiality breach for any such data shared with FCM to update a user’s profile, the same cannot be attributed to FCM under any circumstances except due to FCM’s negligence or wilful misconduct.

15. Client understands that credit facilities if any, may be withdraw or amended and that all costs and disbursements incurred in recovering any outstanding /overdue accounts are to be charged to the Client and it accepts full liability for such expenses.

16. If any of the Client’s employee is equipped with individual/corporate credit card which he uses to make payment for travel/tour related services, Client agrees that in any event, if any dispute is arisen on account of use of such individual card or in the event of separation of employee from employment of the client, Client will make payment to FCM for all such services either approved or not which its employee had availed/booked during his/her employment. FCM shall be entitled to claim from the Client all or any pending dues with respect to use of such individual corporate cards.

17. FCM will have the sole and absolute right to determine and decide its personnel required to deliver Services to the Client on behalf of FCM and will have the right to replace/remove such person(s) during the entire term of these Terms of Use. FCM will not be held liable for any acts or actions (or for any losses, damages, costs, etc., arising thereunder) to the extent that such acts or actions are carried out on the written instructions of the Client or the Client’s employees/representatives.

18. These Terms of Use shall be governed by laws of India and be subject to exclusive jurisdiction of New Delhi courts. In the event of a dispute arising out of or in relation to any matters set forth under these Terms of Use, the Parties will attempt to resolve the dispute through mutual discussions, failing which, the parties shall have right to approach competent court of law. 

19. Where services are provided through SBT (Self Booking Tool), any error, unauthorised use, misuse, any charges arising out of inappropriate / unauthorised use under all circumstances will be borne by the Client.

20. Parties undertake and agree to maintain confidentiality of all information/data exchanged between them for the purpose of fulfilling duties made out under these Terms of Use. Confidentiality obligations will be subject to certain exceptions and will survive for a period of 12 months from termination/expiry date of these Terms of Use. Parties undertake to comply with the provisions of the applicable data protection legislation. Unless agreed otherwise, personal data obtained in connection with the services as set out herein, shall be exclusively used to the extent necessary for the performance of such services.

21. Client or FCM is entitled to terminate/suspend the agreement with a prior written notice of 30 business days to the other party.

22. FCM shall have the right to sub-contract all or any part of the Services after obtaining prior approval from Client.

23. The Parties understand and agree that these Terms of Use are on a non-exclusive basis and the Parties shall have the liberty and right to have same/ similar arrangements with any third party of their choice.

24. FORCE MAJEURE: Neither Party shall be considered in breach of these Terms of Use or in default of its obligations hereunder if it fails to perform or observe any or all of the terms of these Terms of Use as a direct or indirect result of causes beyond the reasonable control of such Party, such as but not limited to, acts of God, civil or military authority, acts of the public enemy, threat of war, declared war, undeclared war, war, riots, actual or threatened terrorist activity, civil disturbances, insurrections, industrial dispute, strikes, accidents, explosions, fires, earthquakes, volcanic ashes, floods, transportation embargoes, epidemics, pandemic diseases, acts of government, its agencies or officers, or any other legitimate cause beyond the reasonable control of the Parties.

25. These Terms of Use are on Principal-to-Principal basis and shall not be construed or deemed to create any association, partnership, joint venture, agency, or employer-employee relationship between the Parties in any manner.

26. Non-Solicitation – Notwithstanding anything to the contrary herein contained, it is agreed and understood that all personal employed by FCM under this account are and shall be considered employee of FCM and Client agrees that during the term of these Terms of Use as hereinafter defined, and for a period of 12(Twelve) months after expiration or early termination(“Non-Solicitation Period”), Client will not solicit, hire, engage or otherwise attempt to influence an employee or former employee, either directly or through intermediary such as an employment agency. Client also agrees that FCM’s employees will not be solicited or hired, either as an employee or independent contractor, by anyone representing client to work on Client’s travel account during the non-solicitation period and in the event of any such solicitation or hiring, Client shall pay FCM an employment fee as mutually agreed. Further, the Client agrees that if at any time during the non-solicitation period, the Client or its representative engage or hire, either as an employee or independent contractor of FCM employee, Client will pay FCM employment fee equal to 25% of the total basic annual salary or contract value. The obligations of this clause shall survive expiration or termination of these Terms of Use.

27. These Terms of Use, including all schedules, annexures and terms and conditions added to it by way of an executed amendment from time to time, shall constitute entire and final agreement between FCM and Client with respect to the subject matter covered herein.

28. Any and all obligations under these Terms of Use which, by their very nature should survive the termination or expiration of these Terms of Use, will so survive.

29. If any term or provision of these Terms of Use is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, such provision shall be ineffective to the extent of its invalidity or unenforceability without thereby affecting other provisions of these Terms of Use which shall nevertheless remain in full force and effect.

30. No waiver, by either Party, of any provision of these Terms of Use shall, in any event, become effective unless the same is in writing and such waiver shall be effective only in the specific instance described and for the purpose that the waiver is given.

Payment Options:

I. Advance Deposit Mode

• FCM shall not provide any credit facility to the Client.
• Client shall keep an amount of INR 1 (One) million as an advance deposit with FCM. Payment of all outstanding invoices shall be released from advance deposit amount and in no event the invoice amount shall be exceeded from the amount of deposit.
• FCM shall inform the client in writing that its account has been used upto 80% and it needs to replenish the same within 7 (seven) business. Once the limit of advance deposit is exhausted upto 100%, the Client’s account shall be put on hold until it is replenished.
• In the event of suspension of Client’s account, FCM shall not be liable for non-performance of Services and shall be effectively discharged from all liabilities and obligations under these Terms of Use. FCM shall provide monthly billing statement of the transactions made during the month.

II. Credit Card

• Client shall place orders/book the services on the Booking Tool and shall make payments through such Credit Card
• Client shall bear all the applicable bank charges i.e. Merchant Fees
• There shall be no credit facility from FCM

Tax:

Unless otherwise expressly stated in these Terms of Use, all monetary consideration to be provided under or in accordance with these Terms of Use is exclusive of Service Tax / GST or applicable taxes, where applicable and inclusive of withholding taxes (wherever applicable). Such Party shall provide evidence of the deduction or withholding to the other party so that the other party can claim a tax credit for such deduction or withholding.

FCM shall raise the invoices with the applicable GST. It shall also provide the Goods and Service Tax registration details (GST) i.e., GST Number, name, HSN/SAC Code, address, email ID and the cell number which is mentioned in the GST registration. The above information’s are pre-requisite before executing these Terms of Use.

These terms were last updated on 22 August 2023.