Terms of Service
“F5 Escapes” is a brand of Zingara Solutions Pvt. Ltd.
Agreement between the User and Zingara Solutions Pvt Ltd..
- APPLICABILITY OF THE AGREEMENT
This agreement (“user agreement”) sets out the Terms of Service for Zingara Solutions Pvt Ltd. to provide services to the person (s) (“the User”) using our website or any of our services.
Both User and ZINGARA SOLUTIONS PVT LTD. are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.
The Terms of Service herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.
The Users availing services from ZINGARA SOLUTIONS PVT LTD. shall be deemed to have read, understood and expressly accepted the Terms of Service of this agreement, which shall govern the desired transaction or provision of such services by ZINGARA SOLUTIONS PVT LTD. for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or ZINGARA SOLUTIONS PVT LTD. with respect to any services to be provided by ZINGARA SOLUTIONS PVT LTD. shall be restricted to the scope of this agreement.
ZINGARA SOLUTIONS PVT LTD. reserves the right, in its sole discretion, to terminate the access to any or all ZINGARA SOLUTIONS PVT LTD. websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by ZINGARA SOLUTIONS PVT LTD. like holiday packages, activities, air tickets, etc. Such TOS will be provided/ updated by ZINGARA SOLUTIONS PVT LTD. which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, we may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including Terms of Service set forth in a Service Providers’ fare rules, contract of carriage or other rules.
For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail ZINGARA SOLUTIONS PVT LTD.’s Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other ZINGARA SOLUTIONS PVT LTD. document, then these terms shall control.
We do a number of safety checks to ensure that we feel safe enough as women travellers, but we cannot guarantee 100% safety as such. It is still the duty of the traveller to exercise caution.Refund/Cancellation policies may vary for fixed departure and custom experiences.Travellers are responsible for their Personal belongings and valuables during the travel.All fixed departure tours to be non-smoking and non-alcoholic unless otherwise mentioned.The travellers are expected to assemble at the mentioned points for pick up. We are not responsible for them to reach that point.Travellers required to abide by the safety guidelines given out by Zingara Solutions Pvt Ltd. through emails and pamphlets.
- THIRD PARTY ACCOUNT INFORMATION
By using the Account Access service in ZINGARA SOLUTIONS PVT LTD.’s websites, the User authorizes ZINGARA SOLUTIONS PVT LTD. and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify ZINGARA SOLUTIONS PVT LTD. immediately in writing of any unauthorized use of their password or account or any other breach of security. ZINGARA SOLUTIONS PVT LTD. will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time
- FEES PAYMENT
ZINGARA SOLUTIONS PVT LTD. reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by ZINGARA SOLUTIONS PVT LTD. for listing, services or transaction 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.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. ZINGARA SOLUTIONS PVT LTD. is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
The User shall request ZINGARA SOLUTIONS PVT LTD. for any refunds against the unutilized or ‘no show’ booking for any reasons within _____ days from the date of departure.
Any applicable refunds would accordingly be processed as per the defined policies of the travel agencies, hotels, etc. and ZINGARA SOLUTIONS PVT LTD. as the case may be. No refund would be payable for any requests made after the expiry of ____days as above and all unclaimed amounts for such unutilized or “no show” booking shall be deemed to have been forfeited.
- RESPONSIBILITY OF THE USER
ZINGARA SOLUTIONS PVT LTD. is responsible only for the transactions that are done by the User through ZINGARA SOLUTIONS PVT LTD.. ZINGARA SOLUTIONS PVT LTD. will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User shall be expected to complete all procedure pertaining to inoculation etc prior to the journey. We shall not be held liable for any health related problems that a traveller might face during the journey.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
The User shall not consume alcohol or cigarettes during the course of the trip, unless otherwise agreed upon with ZINGARA SOLUTIONS PVT LTD..
- ADVERTISERS ON F5ESCAPES OR LINKED WEBSITES
ZINGARA SOLUTIONS PVT LTD. is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. ZINGARA SOLUTIONS PVT LTD. does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of ZINGARA SOLUTIONS PVT LTD. and ZINGARA SOLUTIONS PVT LTD. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ZINGARA SOLUTIONS PVT LTD. is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by ZINGARA SOLUTIONS PVT LTD..
- FORCE MAJEURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If ZINGARA SOLUTIONS PVT LTD. is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that ZINGARA SOLUTIONS PVT LTD. being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in ZINGARA SOLUTIONS PVT LTD., services committed earlier may not be provided or may involve substantial modification. In such cases, ZINGARA SOLUTIONS PVT LTD. shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of ZINGARA SOLUTIONS PVT LTD. against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
ZINGARA SOLUTIONS PVT LTD. shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of ZINGARA SOLUTIONS PVT LTD. arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by ZINGARA SOLUTIONS PVT LTD. for its services.
In no event shall ZINGARA SOLUTIONS PVT LTD. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ZINGARA SOLUTIONS PVT LTD. website(s) or any other channel . Neither shall ZINGARA SOLUTIONS PVT LTD. be responsible for the delay or inability to use the ZINGARA SOLUTIONS PVT LTD. websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ZINGARA SOLUTIONS PVT LTD. website(s), or otherwise arising out of the use of the ZINGARA SOLUTIONS PVT LTD. website(s), whether based on contract, tort, negligence, strict liability or otherwise.
ZINGARA SOLUTIONS PVT LTD. is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
- SAFETY OF DATA DOWNLOADED
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, ZINGARA SOLUTIONS PVT LTD. will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malware.
- PROPRIETARY RIGHTS
ZINGARA SOLUTIONS PVT LTD. may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by ZINGARA SOLUTIONS PVT LTD. and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Visa and Travel Document(s) obligations of the User
The travel bookings done by ZINGARA SOLUTIONS PVT LTD. are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. ZINGARA SOLUTIONS PVT LTD. is not responsible for any issues, including inability to travel, arising out of such Visa requirements, etc. and is also not liable to refund in case of “no-show”.
The User is responsible for ensuring that documents akin to visa etc are in order prior to the date of departure.
Recommended inoculations for travel may change at any time and the User should consult his / her doctor on current recommendations before he / she departs. It is the User’s responsibility to ensure that he / she obtains the recommended inoculations, take all recommended medication and follow all medical advice in relation to their trip. Further, the User is required to reach the pick-up point as will be mentioned from time to time, ZINGARA SOLUTIONS PVT LTD. shall not be responsible for transportation up to that point.
- PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the ZINGARA SOLUTIONS PVT LTD. services are for the User’s personal and non – commercial use. The User may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ZINGARA SOLUTIONS PVT LTD. website(s) without the express written approval from ZINGARA SOLUTIONS PVT LTD.;
- Use this ZINGARA SOLUTIONS PVT LTD. Website(s) or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Access, monitor or copy any content or information from the ZINGARA SOLUTIONS PVT LTD. website(s) using any robot, spider, scraper or other automated means or any manual process for any purpose without ZINGARA SOLUTIONS PVT LTD.’s express written permission;
- Violate the restrictions in any robot exclusion headers on the ZINGARA SOLUTIONS PVT LTD. website(s) or bypass or circumvent other measures employed to prevent or limit access to the ZINGARA SOLUTIONS PVT LTD. website(s);
- Take any action that imposes, or may impose, in ZINGARA SOLUTIONS PVT LTD.’s discretion, an unreasonable or disproportionately large load on ZINGARA SOLUTIONS PVT LTD.’s infrastructure;
- Deep-link to any portion of the ZINGARA SOLUTIONS PVT LTD. website(s) (including, without limitation, the purchase path for any travel services) for any purpose without ZINGARA SOLUTIONS PVT LTD.’s express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of the ZINGARA SOLUTIONS PVT LTD. website(s) into any other website without ZINGARA SOLUTIONS PVT LTD.’s prior written authorization.
The User agrees to indemnify, defend and hold harmless ZINGARA SOLUTIONS PVT LTD. and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ZINGARA SOLUTIONS PVT LTD. and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and ZINGARA SOLUTIONS PVT LTD. cannot be held responsible for the same.
- RIGHT TO REFUSE
ZINGARA SOLUTIONS PVT LTD. at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by ZINGARA SOLUTIONS PVT LTD. is not complete until full money towards the service is received from the customer and accepted by ZINGARA SOLUTIONS PVT LTD..
Without prejudice to the other remedies available to ZINGARA SOLUTIONS PVT LTD. under this agreement, the TOS or under applicable law, ZINGARA SOLUTIONS PVT LTD. may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:
- The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
- ZINGARA SOLUTIONS PVT LTD. is unable to verify or authenticate any information provided by the user; or
- ZINGARA SOLUTIONS PVT LTD. believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or ZINGARA SOLUTIONS PVT LTD..
ZINGARA SOLUTIONS PVT LTD. may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with ZINGARA SOLUTIONS PVT LTD. or use the website in any manner whatsoever until such time that the user is reinstated by ZINGARA SOLUTIONS PVT LTD..
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, ZINGARA SOLUTIONS PVT LTD. reserves the right to recover any amounts due and owing by the user to ZINGARA SOLUTIONS PVT LTD. and/or the service provider and to take strict legal action as ZINGARA SOLUTIONS PVT LTD. deems necessary.
- RIGHT TO CANCELLATION BY ZINGARA SOLUTIONS PVT LTD. IN CASE OF INVALID INFORMATION FROM USER
The User expressly undertakes to provide to ZINGARA SOLUTIONS PVT LTD. only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from ZINGARA SOLUTIONS PVT LTD..
In case ZINGARA SOLUTIONS PVT LTD. discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, ZINGARA SOLUTIONS PVT LTD. in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, ZINGARA SOLUTIONS PVT LTD. shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies ZINGARA SOLUTIONS PVT LTD. of any such claim or liability and shall not hold ZINGARA SOLUTIONS PVT LTD. responsible for any loss or damage arising out of measures taken by ZINGARA SOLUTIONS PVT LTD. for safeguarding its own interest and that of its genuine customers. This would also include ZINGARA SOLUTIONS PVT LTD. denying/cancelling any bookings on account of suspected fraud transactions.
ZINGARA SOLUTIONS PVT LTD. reserves the right to vary its refund or cancellation policy for custom trips, without notice to the User.
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
- UPDATION OF THE INFORMATION BY ZINGARA SOLUTIONS PVT LTD.
User acknowledges that ZINGARA SOLUTIONS PVT LTD. provides services with reasonable diligence and care. It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the ZINGARA SOLUTIONS PVT LTD. websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as ZINGARA SOLUTIONS PVT LTD. notices them. Changes are/may be periodically made/added to the information provided such. ZINGARA SOLUTIONS PVT LTD. may make improvements and/or changes in the ZINGARA SOLUTIONS PVT LTD. websites at any time without any notice to the User. Any advice received except through an authorized representative of ZINGARA SOLUTIONS PVT LTD. via the ZINGARA SOLUTIONS PVT LTD. websites should not be relied upon for any decisions.
ZINGARA SOLUTIONS PVT LTD. reserves the right to change the terms, conditions, and notices under which the ZINGARA SOLUTIONS PVT LTD. websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these Terms of Service.
F5ESCAPES hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. ZINGARA SOLUTIONS PVT LTD. considers itself and intends to be subject to the jurisdiction only of the courts of Bangalore, Karnataka.
- RESPONSIBILITIES OF USER VIS-À-VIS THE AGREEMENT
The User expressly agrees that use of the services is at their sole risk. To the extent ZINGARA SOLUTIONS PVT LTD. acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall ZINGARA SOLUTIONS PVT LTD. be liable for the services provided by the service provider. The services are provided on an “as is” and “as available” basis. ZINGARA SOLUTIONS PVT LTD. may change the features or functionality of the services at any time, in their sole discretion, without notice. ZINGARA SOLUTIONS PVT LTD. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No advice or information, whether oral or written, which the User obtains from ZINGARA SOLUTIONS PVT LTD. or through the services shall create any warranty not expressly made herein or in the Terms of Service of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the ZINGARA SOLUTIONS PVT LTD. pages or otherwise use any of the contents, pages, information or any other material provided by ZINGARA SOLUTIONS PVT LTD.. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying ZINGARA SOLUTIONS PVT LTD. in writing.
The User is required to abide by the safety guidelines which may be given out by Zingara Solutions Pvt Ltd. through emails and pamphlets from time to time.
‘F5 Escapes’ is a Bangalore-based, experiential travel company, with a focus on crafting and executing all-women travel experiences in India. The premise of F5 is an ambitious dream – to put India on the global travel map as a preferred destination for women. Come, join us, as we work towards redefining the way women travel India.
We all need regular breaks, be it a day’s off from our daily chores, life’s chaos, the work stress, the urban traffic or a relationship crisis. Be it anything, what matters is the break that you need. How often is that idea put into action? Well, we don’t blame you for the inaction. We have been there, done that and hence the idea of F5 Escapes. Let us help you travel. Sustainably, responsibly, safely.