FTS Travel usage- Terms and Conditions
FTS Travel User Agreement
THIS USER AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND FTS TRAVEL (BOTH TERMS DEFINED BELOW). THIS USER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND FTS TRAVEL FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE (DEFINED BELOW).
This User Agreement on the website www.foodtravelstay.com and mobile application under the name and style of "FTS Travel" (the Website) is between FTS Travel (hereinafter referred to as or “Company” or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as “Member” or "You" or "Your" or "Yourself" or "User") describe the terms on which FTS Travel offers You the access to the Website and such other services as are incidental and ancillary thereto ("Services").
FTS STAY RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS TIME TO TIME AND SHALL GIVE NOTICE OF SUCH CHANGES TO OUR USERS VIA E-MAIL OR VIA SMS ON THEIR REGISTERED MOBILE NUMBER IN A TIMELY MANNER.
IT WILL BE ASSUMED THAT USER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN MEMBER MAKES A RESERVATION FOR A FTS TRAVEL VEHICLE AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON Food-Travel-Stay WEBSITE OR FTS TARVEL MOBILE APPLICATION AND/OR DISTRIBUTED TO USER BY EMAIL OR SMS. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES TO THE AGREEMENT, USER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES TO THE AGREEMENT. USER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER FTS TRAVEL’S USER AGREEMENT.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT WITH RESPECT TO FTS TRAVEL’S OTHER PROGRAMMES, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT OTHERWISE SET FORTH FROM FTS TARVEL IN WRITING.
FTS Stay, a unit of Yaduvanshi Technologies Pvt. Ltd. and a part of Food-Travel-stay. The company incorporated under the laws of India, with its registered office at Kankarbagh, Patna, India and having CIN:
Upon accepting the Users Term and Conditions
FTS Travel has established a website having named “foodtravelstay.com” (“Website”) and mobile application named “FTS travel” (“App”) where the terms and conditions of use of vehicles provided by FTS Travel have been displayed. It is the responsibility of the user to ask representatives of foodtravelstay.com and obtain a soft copy of the agreement if they are unable to view or access the terms & conditions as set out in website/ Mobile applications.
After Enrolled as User
By Accepting these Terms and Conditions, one is able to enroll as a User of FTS Travel under the Scheme to avail the facility for rental of FTS Travel Vehicles.
The User further acknowledges and understands that he/she shall not at any time challenge any of the provisions of these Terms or the contents of the Website on the premise that the terms and conditions have not been read by the User or that the User is not aware of the enrollment formalities or that the User has not understood any provision of these Terms or the procedures, formalities, benefits rights and/or obligations as contained on the Website.
Note:- The user is person who registered with FTS Travel and customer is a person who rented a vehicle using the website or Mobile App.
Eligibility to enroll as a User
Anybody, who wants to enroll as a User with FTS Travel will need to satisfy the following conditions:
Things needed for the Enrollment Process
To enroll as a user with FTS Travel, the Person shall be required to provide some necessary particulars:
Booking Through FTS Travel
While booking a vehicle using our website or mobile application, the user needs to follow the instructions. The user will be required to:
In case, if the User wants to extend the time, the User must inform the same to the Owner and FTS Travel in advance, for Fee policy. The User extension will solely depend upon the Owner. The Owner will allow any extension and also can refuse the same. If the Owner agrees then The User must pay in advance for any kind of Extension on the booking time.
If the User wants to shorten the booking time, He/She must inform the Owner. The user also must inform FTS Travel for any charge return.
Responsibilities of FTS Travel
Upon the payment in advance, FTS Travel is responsible for:
Person Permitted to use/rent vehicles through FTS Travel
The vehicles shall be provided by FTS Travel is on rental basis, only to the eligible Users. FTS Travel and the Owner of the Vehicles shall have the discretion to refuse to provide any FTS Travel vehicle to any users.
User shall ensure that the vehicles provided by FTS Travel shall not be driven by, or provided for use to any person whose eligibility has not been met as valid by FTS Travel.
Persons who are permitted to rent a vehicle using FTS Travel:
Condition for Non-Reserving Users
Any user to whom a FTS Travel vehicle is provided by FTS Travel on rental basis (Reserving User) may allow another User to drive such FTS Travel Vehicle (Non-Reserving User) subject to the following conditions:
Prohibited Use of FTS Travel Vehicle
Users shall not be permitted to use the FTS Travel Vehicle under the following conditions and/or for the purposes mentioned hereunder. Any unreasonable or inappropriate use of a FTS Travel Vehicle, as determined by FTS Travel and also by the Owner in its discretion, may be deemed a violation of these Terms and Conditions. A FTS Travel Vehicle cannot be used:
Obligations of the User
By accepting the Terms and Conditions as set out herein, the User hereby authorized FTS Travel to obtain the User’s driving records from the jurisdiction in which the User is licensed.
User shall be responsible for providing and maintaining their respective account information with FTS Travel including details of their current e-mail, mobile number, address and other such information.
User shall not reveal the FTS Travel related passwords, PIN and/or OTPs to any third party. Users are solely responsible for any password and/or PIN sharing. The User will be responsible for any associated cost and/or damages in connection with unauthorized use by third-party. If the User believes that the third party may have obtained unauthorized knowledge of a Password/Pin, the User must contact the FTS Travel representative immediately to change the compromised password/Pin.
The User must follow the Owner’s manual instructions. If a problem arises that prevents or limits the use of vehicle provided by FTS Travel or that accepts the people’s safety, then the User must notify the FTS Travel representative immediately.
Vehicle pick-up and return
Stolen Vehicles Policy
Information about stolen vehicle or ant stolen vehicle parts of the FTS Travel vehicle must be immediately reported to the nearest Police station with a detailed written complaint about the stolen Vehicle based on actual incident. The User must provide the a copy of the acknowledged complaint to the Owner and FTS Travel both. Users shall ensure that such information about lost vehicles shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by FTS travel. The User will be liable for any loss due to a discrepant, inconsistent or distorted complaint by the User.
Accident or Breakdown
FTS Travel makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a User's need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the service.
The User is required all the related fees for the duration of the booking specified by the User at the time of the booking. All the fees structures are specified on FTS Travel website or Mobile application of the FTS Travel, for each FTS Travel vehicles and may be accessed by the User.
Payments by the User may be made with the use of credit card / debit card or other net-banking facilities. User is under an obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. The User is solely responsible for any associated bank or credit card charges or fees. The User may be charged a processing fee for a declined credit or debit card payment.
In the event the User defaults on any Payment, FTS Travel will charge remainder fees at the rate mentioned by FTS travel. In addition FTS Travel may use third parties to collect any remaining charge owed to FTS Travel by the User. FTS travel reserves the right to report the delay to the credit card agencies.
FTS Travel reserves the right to prohibit any User to use the services provided by FTS Travel until the User pays all the outstanding fees in the User’s account to FTS Travel.
FTS Travel is not responsible to any loss or damage or theft of any personal property belonging to the User, regardless of fault of negligence.
For any associated deductible charges that are attributable to the User, and for losses that exceed the User's coverage provided by FTS Travel, User shall be responsible. Liability protection excludes any claim made by the User himself, or the user's immediate family members or by the passengers in the FTS Travel vehicle at the time of the incident.
Under no circumstances FTS travel will liable to any third party for indirect, incidental and consequential damages arising from the use of FTS Travel Vehicles or services, including this agreement.
Every User who shall fail to comply with the terms of this agreement shall be responsible for all applicable damages and costs arising from the User's failure.
Every User shall be liable for all costs, including fines for late payment and any processing fees added by the issuing municipality in case of any traffic violations including but not limited to parking, speeding, breaking red light, photo enforcement, and toll violations. The User shall forthwith pay the relevant fines to the authority provided FTS Travel with the proof of such payment.
Referral Code Policy
FTS Travel will provide Referral Codes to the User. The referral codes will only be applicable at the first booking from FTS Travel. The amount will be deduced from the total amount. The Deducted amount will be decide and applicable only at the time of first booking.
The amount will not be deduct, if a User fails to enter the correct Referral code and have to pay the total amount prescribed by FTS Travel.
Revocation of the License
Should any User's driver’s license expire or be revoked, authorization to drive FTS Travel vehicles shall expire immediately. FTS Travel shall be notified of such revocation by the User by e-mail forthwith upon such revocation.
FTS Travel may immediately suspend or terminate the use of its service by any User who doesn’t meet the FTS Travel’s driving eligibility criteria or for any unreasonable and inappropriate use of a FTS Travel Vehicle or for violation of any provision mentioned in this agreement.
FTS Travel reserves the right, at its sole discretion, to suspend or terminate the use of its service by any User for inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds or smells, or performance changes.
FTS Travel reserves all the right to cancel any booking.
The Owner of the Vehicle also reserves the right to cancel any booking and recall the vehicle at any time of the booking period. In addition, FTS Travel reserves sole discretion to serve for any individuals or organizations.
FTS Travel reserves the right, at its sole discretion to change the damage fee, cleaning fee or other applicable fee, if the User not notified the FTS Travel at the start of the reservation.
Every user who violate any law, any terms or rules setup by FTS Travel or any of the provisions of the agreement could face legal action and shall be responsible for the all the damage, liabilities and fines setup by FTS Travel.
FTS Travel captures, stores, processes and uses the Customer’s personal data, including, but not limited to, the usage and vehicle data as they relate to the Customer, to the extent this is necessary for the administration and implementation of this Agreement and the Customer’s use of the FTS Travel vehicle.
Should third-party services be used, FTS Travel is entitled to forward to the third-party service provider the Customer’s personal data, to the extent this is required in order to fulfill customership or use requirements.
FTS Travel is entitled to provide Customer’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Customers.
FTS Travel shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
FTS Travel shall be entitled to disclose information of the User to FTS Travel’s parent company and to all companies controlled by FTS Travel or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by FTS Travel, in its absolute discretion.
In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a User and the Owner or a User and FTS Travel or their respective representatives or assigns under, out of, in connection with, or in relation to, these Terms (or the subject matter of these Terms) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms, (hereinafter referred to as a “Dispute”), the same shall be referred to binding arbitration at the request of the User or FTS Travel, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by FTS Travel whose decision in relation to any such Dispute shall be final and binding on the Parties hereto.
The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal in the final award shall specify
These Terms shall be governed by and interpreted and construed in accordance with the substantive laws of India, without regard to the conflict of law’s provisions thereof. The courts in Patna shall have exclusive jurisdiction on all matters pertaining to this Agreement.
User must not aid or encourage the filing of any third-party claim or lawsuit against FTS Travel, and User must cooperate fully with FTS Travel and FTS Travel’s insurer in the investigation and defense of any claim or lawsuit.
User must immediately notify and deliver to FTS Travel every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the FTS Travel vehicle.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms had been executed with the invalid portion eliminated. The parties shall substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Customer represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
Waiver Failure to exercise and delay in the exercise of any right, power or privilege hereunder by the Company shall not operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or, remedies otherwise provided by Applicable Law.
Assignment or Transfer the rights granted to the User under these Terms are not assignable or transferable, in whole or part. Any attempt to transfer any rights without the written consent of FTS Travel shall be void and shall have no force and effect. FTS Travel shall have the sole authority to assign this Agreement to an affiliate or to another entity in connection with any other corporate transaction.
When You use the Website or send emails or other data, information or communication to FTS Travel, You agree and understand that You are communicating with FTS Travel through electronic records and You consent to receive communications via electronic records from FTS Travel periodically and as and when required. FTS Travel will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, It is further clarified that You can also use the customer support e-mail, facebook page and twitter handle of FTS Travel to share your words of appreciation pertaining to ride only.
FTS Travel shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of FTS Travel’s website. A non-identifiable notice of a visitor’s visit to a page on FTS Travel’s site is generated and recorded, and which may be processed by FTS Travel or by FTS Travel’s suppliers. To disable some of these features, Users may disable cookies in the web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.
Links to third party websites: FTS Travel’s website may contain links to third-party websites, products, and services. Information collected by third parties may include things as location data or contact details, as governed by the privacy practices. FTS Travel encourages its Users to learn about the privacy practices of those third parties.
Information Security: FTS Travel take precautions – including administrative, technical, and physical measures – to safeguard its Users personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access but does not guarantee the complete security of such personal Information.
When a User uses FTS Travel’s services or post on the Site, some of the Personal Information the User share shall be visible to other Users and can be read, collected, or used by them. The User shall be held responsible for such Personal Information the User chooses to submit in these instances. The Users shall be further responsible for maintaining the confidentiality of its account and password and every User shall agree to accept the responsibility for all activities that occur under his/her account or password.
Feedback and Information
Any feedback the User provides to FTS Travel shall be deemed to be non-confidential. FTS Travel reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) FTS Travel is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from FTS Travel for the feedback under any circumstances.