Terms of Use – Hapy Aviation
The Intro
Applicability
This User Agreement, together with the Terms of Service (collectively, the “User Agreement”), establishes the terms and conditions for using Hapy Aviation Private Limited’s (“HAPY”) services and products.
Any person (“User”) who inquiries about or purchases any HAPY products or services through its websites, mobile applications, sales representatives, offices, call centers, branch offices, franchisees, agents, and so on (collectively referred to as “Sales Channels”) agrees to be bound by this User Agreement. HAPY’s websites and mobile applications are referred to collectively as ‘website’.
Both User and HAPY are individually referred to as ‘Party’ and together as ‘Parties’ to the User Agreement.
The “Terms of Service” section of HAPY’s website outlines the terms and conditions that apply to the various services or products that HAPY provides. The User should review the appropriate Terms of Service for the product or service booked by the User. These Terms of Service are legally binding on the User.
Use eligibility
If you are a minor and intend to use or transact on the website, you must be accompanied by a person of legal contractual age (legal guardian or parents). We retain the right to terminate your membership and/or prohibit access to the website if it is determined that you are a minor or incompetent to contract under the law, or that any information about your age submitted at the time of account creation is fraudulent.
Users must read and understand this User Agreement before using the website, contacting any Sales Channels, or acquiring HAPY’s services, and are considered to have accepted this User Agreement as a binding instrument that controls User’s dealings and transactions with HAPY. If the User does not agree with any portion of this Agreement, the User may not use HAPY’s services and may not approach HAPY’s Sales Channels
All rights and responsibilities of the User and HAPY in relation to any services or products made available by HAPY are limited to the scope of this User Agreement
Content
HAPY has registered and protects all material given through different Sales Channels, including but not limited to music, photos, software, text, symbols, and other similar items (“Content”). Except as expressly stated below, the User may not use this Content for any other purpose
User agrees to follow any directions issued by HAPY that govern how such User may utilize
There are several proprietary logos, service marks, and trademarks shown on the website and other HAPY Sales Channels as appropriate. HAPY grants no license, right, or permission to the User to use such proprietary logos, service marks, or trademarks in any way. Any unlawful use of the Content will be a violation of the law.
Insurance
Unless expressly stated otherwise by HAPY in any individual service or deliverable, the User is responsible for securing adequate insurance coverage. HAPY will not accept any claims emanating from such events.
Insurance given as part of HAPY’s service or product shall be subject to the terms and conditions of the third-party insurance carrier. HAPY only acts as a bridge between the User and the insurance carrier. For any claims or complaints, the User must contact the insurance carrier immediately. HAPY will not be held accountable if the insurance carrier only partially accepts or denies the claims.
Website
The website is intended to be used for authorised purposes by genuine User(s).
User agrees not to distribute, trade, edit, sell, or transmit anything from the website, including but not limited to text, photos, audio, and video, for any commercial, commercial, or public purpose.
The User Agreement offers you a limited, non-exclusive, non-transferable license to use this website as explicitly authorised by the terms of this User Agreement. The User undertakes not to disrupt or attempt to disrupt the operation of the website in any way.
Certain elements of the website may be restricted to registered Users only. The registration procedure may need the User answering some questions or providing certain information, which may or may not be personal in nature. Some of these fields may be required or optional. The user represents and certifies that all information provided to HAPY is correct and complete.
HAPY maintains the right, in its sole discretion, to discontinue access to the website and the services provided on it, or any portion thereof, at any time, without notice, for general maintenance or for any other reason.
HAPY will always make every effort to guarantee that the information on its websites and other sales channels is free of viruses and other infections. However, any data or information downloaded or otherwise obtained through the use of the website or any other Sales Channel is done entirely at the User’s own discretion and risk, and the User will be solely responsible for any damage to their computer systems or loss of data that may result from such download.
HAPY retains the right to make periodic modifications or changes to its website without prior notice to the User. Any content on the website that is believed to be illegal, objectionable, libellous, defamatory, obscene, harassing, invasive of privacy, abusive, fraudulent, against any religious beliefs, spam, or violates any applicable legislation should be reported to us. HAPY maintains the right to investigate and/or take whatever action it deems appropriate upon receipt of such report
On HAPY’s website or app, user(s) must not host, display, post, publish, transmit, or distribute any information that:
- Belongs to another person and to which the User has no right.
- Infringes on any patent, trademark, copyright, or other proprietary rights.
- Is obscene, pornographic, paedophilic, invading another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the basis of religion or caste with the intent to incite violence.
- Contains a software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of HAPY’s platform.
- Deceives or misleads the addressee about the origin of the message.
- Knowingly and intentionally communicates misinformation or information that is patently false, untrue, or misleading in nature.
- Impersonates another person.
- Is harmful to children.
- Threatens India’s unity, integrity, defence, security, or sovereignty, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting another nation.
- Violates any current law.
Reporting objectionable/infringing content
- Any material on the website/App that is regarded to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive of privacy, abusive, fraudulent, against any religious beliefs, spam, or violates any relevant legislation may be reported by the user(s).
- If the user believes that any material on or listings on HAPY includes offensive or infringing content, the User(s) may report and submit the details to us. HAPY will make every effort to examine all complete and legitimate complaints within the timeframe specified by applicable legislation.
- The information provided as part of the complaint must:
-
a) Clearly identify the infractions and
b) Be accurate.
c) The location of the content on the website, including but not limited to the link to the infringing material.
d) Proof of ownership of such IP in the case of any IP infringement and
e) Contact information.
- Complainant agrees that HAPY may communicate the contents of any complaint with third parties, including but not limited to the accused parties involved, in order to assess the respective rights and obligations in relation to any allegedly unlawful content.
- HAPY shall make commercially reasonable efforts to resolve all content-related complaints within the time period prescribed by applicable law, provided that:
o Complainant provides all relevant information and supporting documentation requested by HAPY to enable HAPY to evaluate the complaint; and,
o HAPY acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of HAPY pursuant to such complaint, an act or omission of HAPY pursuant to such complaint, an act or omission. HAPY reserves all of its rights in such instances. HAPY makes no guarantees or warranties about the result of any transactions.
Definitions of activities and other services
The supplier of the Activity will be referred to as the ‘Activity supplier,’ and will be solely responsible for the delivery of the products/services booked by the User.
HAPY’s role and liability limitation
HAPY’s job is confined to assisting the User in obtaining an Activity service from the Activity Provider. The relationship of transaction or service fulfilment is always between the User and the Activity Provider.
Unless otherwise specified in the reservation confirmation, HAPY will not offer pick-up and drop-off service for any Activity.
HAPY accepts no liability or responsibility for:
- Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, erroneous information, lack of service/product, or cancellation due to circumstances beyond the Activity Provider’s control.
- The User’s health, safety, and well-being while participating in the Activity or afterwards.
- Any incidental or supplementary services purchased directly from the Activity Provider by the User.
- Any erroneous information supplied by the Activity Provider.
HAPY’s maximum responsibility shall be limited to a reimbursement of the booking money received by HAPY for the reservation of the Activity.
The users’ responsibilities
In addition to HAPY’s User Agreement and Terms of Service, the User undertakes to abide by the terms and conditions of Activity Provider.
In order to participate in the Activity, the User must produce the booking / confirmation voucher supplied by HAPY.
In order to use the booked Activity, the User must also have valid papers such as identification proof, address evidence, a passport (if booking outside India), or any other document requested by the Activity Provider.
Where necessary by the Activity Provider, the User may be required to sign a waiver/consent form, safety procedure form, medical declaration, or other document before participating in the Activity.
Following the confirmation of the reservation, the User must contact the Activity Provider directly with any issues.
The User must ensure that he meets all of the eligibility criteria for participating in the Activity, including but not limited to age, weight, and medical problems. User knows that if he is considered unfit or illegible for the Activity, the Activity provider may or may not allow him to participate in the Activity.
Cancellations and payments for bookings
Reservations are subject to the Activity Provider’s cancellation and refund policies, which may vary from time to time.
HAPY reserves the right to charge appropriate taxes, service fees, and other fees where applicable.
Coupons and special offers
The following terms shall also apply to any coupon issued by HAPY:
- HAPY’s obligation is restricted to sharing the voucher with the User subject to the User’s payment.
- The User is responsible for redeeming the discount, and the Activity Provider is responsible for providing the service.
- The coupon’s expiry date will be indicated on the coupon, and the User will not be able to use the coupon beyond that date.
- The coupon cannot be redeemed for cash.
- Once purchased, the voucher cannot be returned or cancelled.
HAPY advertisers and linked websites
Third-party websites may be linked to on the website. HAPY has no control over such websites and is not liable for their content. If a User visits a third-party website, the User does so solely at his or her own risk, and HAPY accepts no obligation for the same.
HAPY is not liable for any mistakes, omissions, or statements on any of its pages, links, or connected website pages, save to the extent that such information is updated or given directly by the Service Providers or advertising.
HAPY in no way endorses any advertising on its website or other associated sites. Users are encouraged to double-check the veracity of any information supplied on third-party web pages.
HAPY has no control over the connected sites, and as a result, HAPY is not responsible for the contents of any linked site(s), any additional links on such site(s), or any modifications or additions to such sites. HAPY provides these links to Users only for their convenience.
HAPY's liability is limited
Unless specifically stated otherwise, HAPY always works as a facilitator, connecting the User with the applicable service providers (collectively referred to as “Service Providers”). HAPY’s obligation is restricted to providing the User with a confirmed booking based on the User’s preferences.
Any problems or concerns that the User may have while using such services are solely the responsibility of the Service Provider. HAPY will have no liability for any Service Provider’s conduct, omissions, mistakes, representations, warranties, breaches, or negligence.
Unless HAPY expressly states otherwise as part of any product or service:
- HAPY accepts no responsibility for the quality of services offered by the individual Service Providers.
- HAPY makes no guarantees about their quality or fitness as depicted.
- HAPY makes no assurances about the availability of any services advertised by a Service Provider.
Responsibility of the user
Before making a booking, users should carefully read the description of the services and goods. The user(s) agree to be bound by all of the terms and conditions stated in the booking confirmation or the confirmed booking voucher. These terms and conditions should be read in conjunction with the User Agreement.
If a User wishes to make a booking on behalf of another person, it is the User’s obligation to advise that person of the terms of this Agreement, including all regulations and limitations that apply.
The User agrees to follow all procedures and guidelines, as amended from time to time, in connection with the use of HAPY’s services. The User also agrees to follow all relevant laws, rules, orders, and instructions issued by the Central Government, State Government, District Authorities, or any other statutory authority with regard to the use of services or each transaction.
The services are provided “as is” and on a “as available” basis. HAPY has the right, in its sole discretion, to modify the features or functionality of the services supplied at any time and without prior notice. HAPY explicitly disclaims any warranties, express or implied, of any type, including, but not limited to, implied warranties of merchantability and reasonably fit for all uses. No advice or information, whether oral or written, obtained by the User from HAPY or via the services selected creates any warranty unless specifically stated herein or in the terms and conditions of the services.
The user also enables HAPY’s representative to contact him or her via phone, SMS, or email. This consent supersedes any choices established by the User through the national consumer preference registry (NCPR) or any other equivalent preferences.
Information on account and security
When enrolling on the website, the User must select a password to access that User’s account, and the User is entirely responsible for maintaining the security of both the password and the account, as well as any actions on the account. It is the User’s responsibility to tell HAPY promptly in writing of any unauthorised use of their password or account, or any other security violation. HAPY is not responsible for any losses caused by the User as a consequence of unauthorised use of the password or account, whether with or without the User’s knowledge. At no point will the User utilise anybody else’s account.
Because of any breach of security on the User’s end, any information given to this website may be accessed or intercepted by outsiders.
HAPY secures and encrypts all data related to credit cards, debit cards, and bank information in accordance with applicable laws and regulations. However, in circumstances of fraud detection, granting credit bookings (financing), and so on, HAPY may check specific information of its Users, such as their credit score, as and when necessary.
Furthermore, HAPY may share your Personal Information in an anonymised and/or aggregated form with a third party that HAPY may engage to perform certain tasks on its behalf, such as payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering credit bookings in accordance with applicable laws.
HAPY uses industry best practices to safeguard the information submitted by the User. However, HAPY cannot promise that there will never be a security breach in its systems, which might affect User information as well.
Without the User’s approval, HAPY may disclose the User’s data with concerned law enforcement agencies for any legitimate or investigative reason.
Charges and Payment
HAPY has the right to levy some costs in the form of convenience fees or service fees in addition to the cost of booking as paid by the Service Providers. HAPY also retains the right to change any and all fees at any moment. Any such extra fees, including fees for changes to the booking, shall be disclosed to the User prior to completing the booking or collecting payment from such User.
In the event that the booking amount, taxes, statutory fee, convenience fee, and so on are undercharged due to a technical fault or other reason, HAPY reserves the right to deduct, charge, or claim the balance amount from the User, and the User must pay such balance amount to HAPY. If the short charge is claimed prior to the booking’s use, HAPY reserves the right to terminate such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by HAPY due to a change in tax rates or the introduction of additional taxes or levies by the government must be paid by the user. Taxes and levies may be imposed without previous notice and may be retroactive, but they will always be in accordance with relevant legislation.
In the unlikely event that a booking is not confirmed for whatever reason, HAPY will arrange a refund of the booking amount paid by the User and notify the User of the same. HAPY is not required to give an alternate booking in lieu of, compensate for, or replace the unconfirmed booking. All future reservations will be regarded as separate transactions. Any relevant refunds will be processed in accordance with the service provider’s and HAPY’s respective policies.
The User is solely liable for any costs, fees, duties, taxes, and assessments incurred as a result of using the service, in accordance with relevant laws.
The User acknowledges and understands that all payments must be made to HAPY’s bank accounts. HAPY or its agents, representatives, or employees shall never request that a client transfer funds to a private account or an account not held in the HAPY’s name. HAPY shall not be held accountable for any personal account of any individual. The User shall have no right to recoup from HAPY any sum transferred by the User to a third party.
The User will not communicate any of his personal sensitive information, such as his credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, and so on, with anyone, including HAPY’s agents, employees, or representatives. If such information is requested by any of HAPY’s agents’ employees or representatives, the User must notify HAPY promptly. HAPY shall not be liable for any loss incurred by the User as a result of providing the aforementioned facts.
Refunds for cancelled bookings will always be handled to the account or financial instrument (credit card, wallet, etc.) used to make the payment for that booking.
Booking(s) made by the User through HAPY are subject to the appropriate cancellation policy, which is outlined on the booking page or notified to customers in writing.
HAPY’s website accepts a variety of payment methods, including UPI, Credit/Debit Cards from various banks, Net Banking from all major banks, third-party wallets, Gift Cards, EMI, and more.
HAPY's use of the mobile number, communication details of the user
HAPY will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, or any other information relevant to the User’s transaction or booking via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail, or any other alternate communication detail provided by the User at the time of booking. The User may receive marketing communication from HAPY and/or our partners.
HAPY may also contact the User via the above-mentioned ways on any outstanding or unsuccessful bookings, to learn the User’s choice for terminating the booking and to assist the User in doing so.
The User expressly agrees that HAPY’s communications by SMS, internet-based messaging apps like WhatsApp, phone call, email, or any other form are:
- Per the User’s request and authorisation.
- ‘Transactional’ and not an ‘unsolicited commercial communication’ as per Telecom Regulation Authority of India (TRAI) standards,
- In accordance with the applicable guidelines of TRAI or such other authority in India and overseas.
The User will indemnify HAPY for any and all losses and damages incurred by HAPY as a result of any action taken by TRAI, Access Providers (as per TRAI regulations), or any other authority in response to any erroneous complaint raised by the User on HAPY with respect to the communications mentioned above, or as a result of the User providing a wrong number or email id for any reason whatsoever.
There may be exceptional circumstances in which HAPY and/or the Service Providers are unable to honour confirmed bookings for a variety of reasons such as an act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations, and so on, or any other reason beyond HAPY’s control. If HAPY has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User acknowledges that HAPY, being only a facilitator of the services and goods booked, cannot be held liable for any such Force Majeure event. For any additional resolves or reimbursements, the User must contact the Service Provider directly.
The User agrees that if a booking is not confirmed due to technical reasons (such as network downtime, disconnection with third-party platforms such as payment gateways, banks, etc.) or other similar failures, HAPY’s obligation is limited to refunding the booking amount, if any, received from the customer. This return will entirely release HAPY from any responsibilities arising from the transaction. Any additional responsibilities will be incurred by the User.
In no circumstances shall HAPY be responsible for any direct, indirect, punitive, incidental, special, or consequential damages, or any other damages arising out of or in any way associated with the use or performance of the website or any other Sales Channel.
The right to refuse
HAPY retains the right, at its sole discretion, to refuse any booking without assigning any reason.
HAPY will not offer any service or share confirmed booking data until full payment/required amount is received from the User.
HAPY may limit the User’s activity, warn other users of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the website, in addition to any other remedies and recourse available to HAPY under this User Agreement or under applicable law, if:
- The User has violated this User Agreement or
- HAPY is unable to verify or authenticate any information provided by the User; or
- HAPY believes that the User’s actions may infringe on any third-party rights, violate any applicable law, or result in any liability for the User, other HAPY users, or HAPY itself.
Once a User has been suspended or terminated, he or she may not register or attempt to register with HAPY using other credentials, nor may he or she use the website in any way until such User is restored by HAPY. HAPY has the right to restore suspended users at any moment.
If a User violates this User Agreement, HAPY has the right to reclaim any money owed to HAPY and to take any legal action as it considers necessary.
The User must not publish or submit any content to HAPY that is, or interact with HAPY using language or content that is:
- Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit, or otherwise objectionable.
- Contrary to any applicable law.
- Violates third parties’ intellectual property rights.
- A spam.
- In violation of any other part of these terms and conditions of use.
If the User breaches any of the aforementioned agreements, HAPY has the right to take necessary legal action against the User.
Right to refuse by end service provider
The user agrees that the end service provider may refuse to provide the service(s) agreed to be provided to the user for any booking made through HAPY for any reason, including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification, and so on. In such cases of rejection, the liability that may result will be completely with the end service provider because it is outside the control of HAPY, and the User acknowledges that any claim, refund, or damages resulting from such refusal will be made only against the end service provider and not HAPY.
THE RIGHT TO CANCEL
The User explicitly agrees not to falsify facts and to supply HAPY with true and valid information when using the website under this User Agreement. Any failure on the side of the User would bar the User from using HAPY’s services.
If HAPY discovers or has reason to believe, at any time during or after receiving a request for services from the User, that the request for services is either unauthorised, that the information provided by the User or any of the participants is incorrect, or that any fact has been misrepresented by that User, HAPY shall be entitled to appropriate legal remedies against the User, including cancellation of bookings, without prior notice to the User. In such a situation, HAPY shall not be responsible or liable for any loss or damage suffered by the User or any other person included in the booking as a result of the cancellation of the booking or services.
If any judicial, quasi-judicial, investigating agency, or government entity contacts HAPY to cancel a booking, HAPY will do so without informing the User whose booking has been cancelled.
The User shall not hold HAPY liable for any loss or harm resulting from HAPY’s actions to protect its own and its real customers’ interests. This includes HAPY refusing or cancelling any bookings based on suspected fraud transactions.
Others
Fake calls and other similar fraudulent, spamming, or phishing activities
HAPY personnel or authorized representatives will never contact a User and seek his/her credit or debit card number, expiration date, CVV, net banking login, passwords, OTP, or any other personal or individual bank account information, nor will they ever request a fund transfer to a personal or individual bank account. They will also not request that a User install any third-party programs that allow them to monitor a User’s mobile or computer screen.
If you comply with any of these demands, you may become a victim of fraud and lose precious money or information.
If you are ever requested for any of the aforementioned information, please notify us.
Indemnification
The User agrees to indemnify, defend, and hold harmless HAPY, its affiliates, and their respective officers, directors, lawful successors, and assigns from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons arising out of, resulting from, or payable by virtue of any breach of any representation.
HAPY cannot be held accountable for any violation of any country-specific rules and regulations or general code of conduct committed by the User.
Miscellaneous
Severability: If any provision of this User Agreement is found to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall apply only to that provision or part of such provision, and the remaining part of such provision, as well as all other provisions of this User Agreement, shall remain in full force and effect.
Jurisdiction: This Agreement is governed by Indian law, and the parties agree to submit any unresolved issues to the exclusive jurisdiction of courts in Lucknow.
Amendment to the user agreement: HAPY maintains the right to modify the User Agreement at any moment. The User is responsible for checking the User Agreement on a regular basis.
Confidentiality: Any information designated as confidential by HAPY must be kept secret by the User and shall not be divulged unless required by law or to serve the purpose of this User Agreement and the duties of both parties hereunder.
Feedback from customers: HAPY would want to hear from its customers in order to improve its services. The User hereby allows HAPY to contact the User for feedback on different HAPY services. Such input may be gathered by emails, phone calls, SMS, or any other method at any time. If the User prefers not to be contacted, he or she should contact HAPY at privacy@hapy.in for explicit exclusion.
Privacy policy: Users should also consult HAPY’s Privacy Policy, which is available on HAPY’s website and governs their use of the websites. By using the website, the User agrees to the provisions of the Privacy Policy and consents to HAPY and its affiliates processing the User’s personal information in accordance with the conditions of the Privacy Policy.
Grievance redressal: HAPY is committed to addressing any concerns presented by the User(s). If a user believes that their problem has not been addressed satisfactorily, they may contact our grievance officer, who will make every effort to resolve the issue within 30 days of the date of escalation. Users are urged to escalate to the grievance officer only if their complaint has not been handled to their satisfaction or if their issue has not been resolved within 30 days of the reported date. For any escalation to the Grievance Officer, the user(s) must submit their booking reference number and their complaint.