Terms and conditions

These general terms and conditions (“T&Cs”) apply between you (“You” or the “Customer”) and ISTMA Travels Private Limited (“We” or “Us”), the operator of the booking portal safeairtravels.com (hereinafter referred to as the “website”). It is requested that You read these T&Cs carefully prior to using the website. By using the website, You agree to these T&Cs. If You do not accept these T&Cs, We ask that You refrain from using the website and exit the website.

You must be at least 18 years of age and act in your role as a private consumer to make a booking on the website. A private consumer is, as opposed to a business, a natural person who enters into a legal transaction for purposes which are predominantly outside its commercial and/or self-employed activities.

Your contractual partner for using the website is:

ISTMA TRAVELS Private Limited

Apna Ghar Mira Road, Thane -401107, Maharashtra India

E-mail: customerservice@safeairtravels.com

Telephone: +44 7480533636

Table of content

1. SCOPE OF SERVICE
2. BOOKING PROCESS AND CONTACT INFORMATION
3. MEDIATION OF FLIGHTS
4. SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES
5. INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS
6. OUR OWN SERVICES
7. CHARGES AND PAYMENT
8. CLAIMS
9. CUSTOMER RIGHTS PURSUANT TO EU REGULATION
10. LIABILITY
11. GOVERNING LAW AND DISPUTE RESOLUTION
12. DATA PROTECTION
13. SPECIAL CONDITIONS THAT APPLY TO CERTAIN AIRLINES

APPENDIX 1 – FEES FOR ADMINISTRATIVE ASSISTANCE 

1.SCOPE OF SERVICE 1.1.Mediation of Travel Services

1.1.1.   For the flight (including airline provided services such as baggage, seating and meals),We exclusively provide travel mediation services through which We only act in our capacity as an intermediary between You and a Service Provider (our travel mediation services are referred to as “Mediation Services”). To that end, our role and obligations are limited to mediating Travel Services that will be rendered by third parties such as airlines, travel operators, other service providers (hereinafter in each case “Service Provider” or “airline”, where specifically applicable).

1.1.2   Consequently, the agreement for the actual provision of Travel Services comes into effect directly between You and the relevant Service Provider. We are not a co-vendor of the Travel Services and We are not a party to the contractual relationship between You and the Service Provider.

1.1.3.  By using the website or over the phone to purchase Travel Services, You authorize Us to engage in Mediation Services and mediate with the corresponding Service Provider(s) on your behalf, including mediation of the payment for these Travel Services, in order to take care that the transaction between You and the Service Provider(s) is carried out.

1.1.4.  Responsibility for the actual performance of the Travel Services mediated through the website is exclusively held by the relevant Service Provider. In our role as an intermediary, We do not assume any responsibility for the Travel Services to be rendered by the Service Providers and We make no representations or warranties (neither expressed nor implied) regarding the suitability or quality of Travel Services mediated on the Portal. For any claim You may have in context with the performance or non-performance of the Travel Service, the Service Provider is the responsible addressee.

1.1.5.  Should You have the opportunity to request special wishes (such as special meals, disabled facilities or child seats) when booking a flight, We will pass on your request to the relevant airline. However, We cannot take any responsibility on whether the airline can actually fulfil such wishes.

1.2. Our Own Services

Apart from the Travel Services and our Mediation Services as stated in Section 1.1 above, there are also additional services (other than Travel Services) available through the website which We, ourselves, are responsible for providing (“Our Own Services”). For Our Own Services, You enter into a direct contractual relationship with Us.

For Our Own Services not set forth in these T&C’s, a detailed description of the services as well as information about the fees and supplementary terms and conditions for booking and usage, is provided to You over the course of the booking process.

1.3. Applicable contractual conditions

1.3.1. These T&Cs cover the Mediation Services according to Section 1.1 as well as our Own Services pursuant to Section 1.2.

1.3.2. With respect to Travel Services between You and a Service Provider (to which We are in no event a party), the terms and conditions of the relevant Service Provider will apply (“Service Provider

Terms”). Such Service Provider Terms may be made available to You by Us and/or the Service Provider during the booking process or may be requested by You directly from the Service Provider.

AS THE SERVICE PROVIDER TERMS MAY INCLUDE PROVISIONS RELATING TO LIABILITY,

CANCELLATION, CHANGES, REFUNDS (IF AVAILABLE) AND OTHER RESTRICTIONS, YOU

ARE ADVISED TO READ THOSE TERMS CAREFULLY. IN NO EVENT IS GOTOGATE RESPONSIBLE FOR ANY FAILURE TO READ, UNDERSTAND, OR COMPLY WITH ANY SERVICE PROVIDER TERMS.

2.BOOKING PROCESS AND CONTACT INFORMATION

2.1. During the booking process, You are provided with the technical means needed to detect errors in entry forms and to correct them prior to submitting your booking request. You are requested to check all data for accuracy before concluding your booking request. Subsequent change requests may lead to significant additional costs.

2.2. We might need to contact You, e.g. in case of subsequent changes to the purchased Travel Services. You must submit accurate contact information such as your telephone number and email address. You must also continuously check if You have received a message from Us.

It is also your responsibility to ensure that You are able to receive our messages. We are not responsible if You do not receive a message from Us due to circumstances reasonably outside of our control including, but not limited to the following: (i) You gave us an incorrect email address; (ii) your email settings won’t allow our email to reach You; or (iii) your email settings treat our email as spam.

3. MEDIATION OF FLIGHTS

3.1. Conclusion of contract and price changes

3.1.1. After You submit your flight booking request, We will confirm receipt of your request via email. This is the moment that the mediation contract between You and Us comes into existence. If You do not receive such confirmation within one hour of completing your booking request, and none of our operators has contacted You by email or telephone to indicate any problems, please contact us by telephone or chat for verification.

3.1.2. As soon as your requested tickets have been issued, they will be made available to you via email or in My Bookings at our website. This is the moment a binding contract between You and the relevant airline(s) has been concluded.

3.1.3. Prices for the flight and seat availability are added directly to the website. If changes are made by the airline that are outside of our control (e.g. price changes, seat availability or something else) and that occurs after a booking request has been made, but before the contract with the airline has become binding (as set out in Section 3.1.2 above), the contract will not enter into force and your payment will be refunded in full. We may contact You and offer You the option to accept the changed price during ordinary opening hours, however no later than 24 hours after We have gained knowledge of the price change or on the first weekday following such 24 hours-period.

3.2. Information on booking and transport conditions

3.2.1. Regarding the flights offered on the website, We exclusively act in our capacity as an intermediary. The agreement for the performance of the flight comes into effect directly between You and the relevant airline and We do not accept any contractual responsibility related to the performance or non-performance of your flight. The operating airline is solely responsible for performance / non-performance of your flight.

3.2.2. Before You conclude the booking, the terms and conditions of the relevant airline(s) will be made available to You.

3.2.3. When mediating Travel Services rendered by airlines, We are not guaranteed access to the airline’s booking system. Where this is the case, We may act on your behalf in concluding the contract between You and the airline. We may also ask You to contact the relevant airline directly for questions on bookings, changes or cancellation of your booking.

You may receive two booking confirmations – one from us and one from the relevant airline. If You have received two booking confirmations, please use the booking confirmation of the airline for check-in.

3.2.4. Below, by way of a general overview, We provide information on conditions related to booking and transport typically applied by airlines in such or at least a similar way. However, any deviating provisions of the relevant airline prevail over the general information provided in this Section 3.2.4. Therefore, in each case, please check the applicable terms and conditions of the relevant airline prior to your booking.

a. Flight times/check in

All flight times specified are local. Next-day arrivals are indicated with a “+1” on the timetable. The stated flight times are preliminary and subject to change on short notice after the ticket has been issued; for example, due to restrictions by flight control, the weather, or functional restrictions by the airline. Please keep yourself informed of the current times well ahead of your flight.

Please comply with the check-in times stated by the airline. The airlines are entitled to refuse boarding if You are late for check-in. Kindly observe that some airlines encourage check-in through their own website as they may charge a check-in fee when checking in manually at the airport.

b. Combination of individual tickets

A combination of two separate one-way tickets instead of a roundtrip ticket is clearly marked as such during the booking procedure. The tickets are treated independently from one another in the event of cancellation, change, disruption of air traffic such as strikes and changes to flight schedules. Each airline’s own regulations will apply.

Flight tickets with different booking numbers are always regarded as journeys that are independent of each other.

c. Flight tickets with several segments/order of use

Your roundtrip ticket or one-way ticket may consist of several segments. According to the conditions of most airlines, such flight segments are to be used in sequence. If not, many airlines will refuse transport on subsequent flight segments (e.g. failure to use one segment of a journey could invalidate the rest of the ticket). For roundtrip tickets a no-show on Your outbound flight may result in Your inbound flight being cancelled by the airline

d. Pregnancy

Some airlines refuse to transport women who are past week 28th of pregnancy at the time of the outward or return flight. If you are pregnant You must clarify with the airline and your doctor whether or not You can commence the journey.

e. Infants and child tickets

Please contact the airline to obtain the conditions for travelling with a child who does not have a separate seat. Usually, children above the age of 2 years require a separate seat, while children between the ages of 0 and 2 years travel as infants and will not be allocated a seat of their own. If the infant reaches the age of 2 before the end of the trip, a child ticket must be booked for the entire trip. Infant tickets cannot be booked before birth, as the correct name and date of birth must match those stated in the passport. We will not reimburse any expenses that arise if the wrong type of ticket is booked from the outset.

f. Unaccompanied minor

 We do not mediate the booking of any tickets for unaccompanied minors. Children under 18 years must be booked for a journey in the company of an adult. Some countries and airlines refuse entry to children under 18 years unless accompanied by a legal guardian. Please note that some airlines require children under the age of 18 to bring a birth certificate to travel.

g. Lost/damaged luggage

 Within our capacity as an intermediary, We accept no liability for lost or damaged luggage. Any problems should be reported immediately to the representative of the airline at the airport.

h. Transit and overnight accommodation

 Generally, ground transportation and/or overnight accommodation during your trip is not included in the flight ticket price. You are personally responsible for checking ground transportation timetables and prices.

i. Connection times between flights

Standard tickets booked on the website have approved connection times. The times required for making connections between flights are calculated by the airlines. If a flight segment is delayed and leads to a missed connection, the airlines are obliged to assist You in reaching your final destination (see Section 11).

When separate tickets are booked, the airlines bear no responsibility for missed connections resulting from delays. Therefore, it is your responsibility to ensure that the connection time is sufficient according to the airlines and airports. Any additional costs incurred on account of missed connections will not be reimbursed.

j.Double booking

A double booking means that two or more bookings with the same passenger name have been made with the same airline. If You have a double booking, the airline may cancel the trip(s). This may also occur if the bookings have been made with different travel agencies. We are not responsible for cancellations made by the airlines, nor for denied refunds from airlines, in cases where they suspect a double booking.

3.3. Airlines banned from operating in the EU (black list)

Please note that certain airlines are prohibited from operating within the EU, according to a decision made by the European Commission in close consultation with the national air transport authorities. Such airlines are prohibited because they are considered unsafe or not subject to adequate control by the authorities of their country.

You can check which airlines are affected by an operating prohibition via the following link:

Black List (List of airlines not permitted to operate in the EU)

3.4. Timetable changes and cancellation by airlines

3.4.1. Your agreement with the applicable airline may allow them to cancel or amend your bookings. We will notify You of any changes once We are informed of them by the airline.

In case of a timetable change by the airline, We will not charge a fee for rebooking you to the airline’s provided option. In case of cancellation by the airline, We will not charge a fee for your cancellation refund request. Please read section 9.3 for more information on refunds.

In the event of a timetable change or cancellation by the airline, and if You request us to find an alternative flight option beyond the one already provided by the airline, We offer to handle the request on your behalf if permitted by the airline’s conditions. For a list of our fees, click here.

3.4.2. The flight times shown in your booking confirmation may change between the date of your booking and the date You actually travel. To avoid missing a change in departure or arrival time, You must stay updated and, if necessary, contact your airline at least 72 hours before the scheduled departure of the flight to ensure that the flight (and any connecting flights) will depart on schedule. We have no control over airline’s schedule changes and accept no responsibility for costs that may arise as a result of such changes.

3.5. Changes and cancellations requested by You

3.5.1. The conditions for changing flight bookings (including change of passenger name, destination, and date of travel) and for providing cancellation refunds are set by the relevant airline, which is your contractual partner for providing the flight. We, as the intermediary, have no influence over such conditions.

3.5.2. If You wish to make a change to your booking or request a cancellation refund, as an additional own service, We offer to handle the request on your behalf, provided that the conditions of the airline permit such a change or cancellation refund. During the process of booking such additional services, we will inform You of any further conditions and fees for such services. For a list of our fees, click here.

3.5.3. In order for us to be able to handle the changes requested by You, it is necessary that We receive your change requests at the latest 24 hours prior to the commencement of travel.

For change requests at shorter notice, We recommend that You contact the relevant airline directly.

3.5.4. Some of Our Own Services have specific time limits for requesting changes or cancellations. Please see the terms and conditions for Our Own Services (Section 8) that You have purchased.

3.6. Non-Appearance or Non-Attendance of the Flight

If You do not appear for or attend your flight, You hereby authorise us to request possible refunds from the airline on your behalf. We are entitled but not obligated to do so and any rights You have to request unclaimed refunds directly from the airline remain unaffected.

If We do obtain refunds on your behalf, We will deduct our fees from the amount obtained. For a list of our fees, click here. . We will retain any refunds obtained on your behalf, less our fees, for 12 months following the date of the flight and You will be able to request a transfer of this amount, less our fees, at any time before the 12 month period has passed by contacting our customer service.

4. MEDIATION OF HOTEL BOOKINGS

1. Hotel nights booked via link from the website or any email sent by Us after your booking are mediated by Booking.com.

All queries in connection with the booking and any change or cancellation request must therefore be made directly to Booking.com. You can find the contact details for

Booking.com here.

 You can access the terms and conditions of Booking.com here.

5. MEDIATION OF RENTAL CAR BOOKINGS

1. Rental car services booked via the website are mediated by Booking.com Transport Limited

(“Rentalcars.com”).

All queries in connection with the booking and any change or cancellation requests must therefore be made directly to Rentalcars.com. You can find the contact details for

Rentalcars.com here:

For local contact details please see Rentalcars web site.

You can access the terms and conditions of Rentalcars.com here.

6. SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES

The website offers the possibility to mix and match multiple individual services as You wish. In this case, You instruct us to act as an intermediary for the booking of various travel services from various suppliers. The relevant Service Providers will be clearly presented to You during the booking procedure before the booking is completed. In the event that You combine individual services, no travel contract is concluded between You and us; instead, You conclude several contracts for the provision of individual services with each separate Service Provider. In this case, We solely operate within our capacity as an intermediary in relation to each individual travel service.

7.INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS

7.1. Passport, visa and/or health requirements can change and You should therefore check with the relevant authority (embassy, consulate etc.) well in advance of travel. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require You to obtain a visa. It can often take some time to obtain a visa, so You are advised to apply well ahead of time. We accept no responsibility for customers who do not possess the correct documents.

7.2. Each destination has its own requirements as far as entry formalities, vaccinations, etc. which can also vary depending on the passenger’s nationality. It is your responsibility to collect that information. No incidents arising from the failure to comply with such official regulations will be considered our responsibility. We therefore urge You to always verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps.

8. OUR OWN SERVICES

8.1. If You want to rebook your ticket, You have to contact our customer service, see “Contact us”.

Rebooking is only completed once We have confirmed it by e-mail. If You do not receive a confirmation, please contact our customer service.

9. CHARGES AND PAYMENT

9.1.Payment

9.1.1. Payment for Travel Services is either processed by us or affiliates part of our corporate group (in cooperation with our payment service provider(s) who supply the payment processing functionality), or by the Service Provider. All payment information belonging to our customers is encrypted in a secure server when shared with our payment service provider(s).

9.1.2. Depending on booking criteria and added services, the payment may be split into two separate transactions, one charge from us and another one from the Service Provider. You will not be charged more than the actual total price displayed on our site. The same security measures are applied. In some cases, prices and fees from Service Providers may not be in the currency displayed on the website. Instead We provide an estimate in the default currency of the website. As a result, when You make a booking with a credit card, the amount charged by the Service Provider might be slightly different due to currency fluctuations, conversion and possible fees imposed by the card provider. If the previous may apply to your booking You will be informed of this during the booking procedure.

9.1.3. In order for us to be able to process your payment, You need to ensure that there are sufficient funds available. In the event of any problem arising related to the processing of your payment, We will retry the processing of your payment in cooperation with our payment service provider(s). Should this not result in a fulfilled withdrawal of funds from You, We will contact You as soon as possible for instructions on other means of payment. Should We not receive your payment after such further instructions, we reserve the right to either cancel your booking (meaning You will not be able to travel) or refer your outstanding payment to a debt collection company. If We decide to cancel Your booking, We will inform you via email.

9.2. Payment fraud

If there are reasons for us to suspect that fraud is being committed, We reserve the right to refuse processing of such payment. Legitimization of Payment may be demanded if a crime is suspected.

All types of payment fraud will be reported to the police.

9.3. Refunds

9.3.1. Refunds of Travel Services are processed according to Service Provider Terms or policies. If You have a right to be refunded, your refund will be processed using the same form of payment as used to pay for the booking. Please note that air fares contain different elements and not all of them may be refundable, so even if You are eligible to be refunded according to the Service Provider

Terms or policies, the refunded amount may not be exactly the total price paid for your booking.

9.3.2. All refunds for Travel Services are paid from the applicable Service Provider to Us and We, acting as the intermediary, have no influence over the Service Provider’s handling times.

9.3.3. As an intermediary We will only process a payment refund where We have already received such from the applicable Service Provider.

9.3.4. The total price of your booking will include the price of the Travel Service(s), any add-on products and our service fees. Travel Services are generally refundable only to the extent We have received relevant amounts in return from the Service Provider.

Our own add-on products are generally non-refundable, unless You have not been able to utilise them due to our fault.

10. CLAIMS

10.1 Claims relating to performance of Travel Services

Any problem, remark or claim relating to actual performance of the Travel Services must be addressed directly to the relevant Service Provider (travel operator, airline, insurer, car rental company, hotel) with whom you hold the contract for the relevant Travel Service. Please also see section 11 for your rights pursuant to EU regulation.

10.2.  Claims relating to Our Own Services

If You have a claim relating to Our Own Services, please contact our customer service here.

11. CUSTOMER RIGHTS PURSUANT TO EU REGULATION

11.1. DGCA Passenger Facilitation

For information about your rights according to the Indian Directorate General of Civil Aviation, click here

11.2. Cancelled or delayed flights

If you are travelling into or out of the EU, or on an EU carrier, you may have the right to demand reimbursement for costs which you can assert directly against the relevant airline in the event that your flight is cancelled, delayed or you are denied boarding. For more information about EC Regulation 261/2004, please click here.

11.3. Carrier liability

The EC-Regulation (889/2002) on air carrier liability in the event of accidents. Regulation can be found here.

12. LIABILITY

12.1. You accept that We act as an intermediary between You and the Service Provider. We will under no circumstances be held liable with respect to Travel Services You have booked with one or more Service Providers.

12.2. Should a Service Provider be unable to provide the Travel Service for any reason, including where a Service Provider declares for bankruptcy, We can only act as an intermediary and refund payments where we have already received such from the applicable Service Provider.

12.3. We are liable for damages subject to the limitations set out in the T&Cs provided that such limitations are permitted by law. Unless You have suffered personal injury caused by our services or in case of gross negligence by Us, We shall only be liable for direct damages actually suffered, paid or incurred by You due to an attributable shortcoming of our obligations in the performance of our own services.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1. Governing law

Indian law applies exclusively to these T&Cs and the contract between You and us.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these T&Cs, including this Section 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

13.2. Online Dispute Resolution

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Indian Dispute Resolution Centre under the IDRC Domestic Arbitration Rules, 2019 in force when the Notice of Arbitration is submitted.

The parties hereby agree as follows:

1. The parties agree to submit their dispute (s), controversy (ies), claim (s), or difference

(s) to arbitration for resolution.

           2. The law of this arbitration clause shall be governed by the IDRC Domestic Arbitration

Rules, 2019.

3. The seat of arbitration shall be Mumbai.
4. The number of arbitrators shall be one.

            5. The Arbitrator(s) shall be nominated/appointed from the panel of Arbitrators of Indian Dispute Resolution Centre.

6. The arbitration shall be administered by Indian Dispute Resolution Centre in accordance with its Rules.
7. The award rendered shall be final and binding on both the parties.
8. The arbitration proceedings shall be conducted in English.

14. DATA PROTECTION

We take the protection of your personal data seriously. You can find detailed information about the collection, processing and use of your personal data in our Privacy Policy.

15.SPECIAL CONDITIONS THAT APPLY TO CERTAIN AIRLINES

Ryanair

1. Contrary to what is set out in Section 3.1.1, You will receive confirmation directly from Ryanair.
2. Contrary to what is set out in Section 3.4.1, You will be informed of any changes directly by Ryanair.
3. Contrary to what is set out in Section 9.3.3, You will be refunded by us before we receive the refund from Ryanair, if You are entitled to a refund.

APPENDIX 1 – FEES FOR ADMINISTRATIVE ASSISTANCE

Please note that any change and/or refund is subject to the airlines conditions and airline fare rules.

Additional fees of the airlines may be incurred. We, as an intermediary, have no influence thereon.If the desired change leads to a more expensive ticket or if the change leads to the passenger no longer having a right to a special price, You must bear such costs yourself.