(a) Company’s website http://www.bookyourhomestay.com/privacypolicy.html (Website);
(b) Company’s mobile application (Mobile Application); and
(c) any service that may be provided by the Company using the Website and/or the Mobile Application
((a), (b) and (c) above collectively, Services).
The Company allows, amongst others, hotels, guesthouses, container homes and homestays (Accommodations) to list their properties of the Website and Mobile Application and permits end-users to make accommodation bookings/reservations at such properties.
We may,at any time,for any reason and without assigning such reason and without notice, make changes to, the Website, including its look, feel, format, and Content (defined hereafter);
Any such modifications/amendments as provided for in Clause 2.1 above will take effect from the time they are posted on the Website and/or the Mobile Application. By your continued usage of the Website and/or the Mobile Application upon such changes being posted, you will be deemed to have accepted such changes.
User Account, Password and Security
You must be 18 (eighteen) years of age or older to subscribe to or use any of our Services in any manner. By subscribing to or using any of our Services, you represent that you are at least 18 (eighteen) years of age, and that you have the right, authority and capacity to subscribe to and use the Services and to create binding legal obligations for any liability you may incur as a result of subscribing to or using the Services.
Registration of the User on the Website and/or Mobile Application is optional. If you opt to register on the Website and/or the Mobile Application, you will receive a password and user identification upon completing the registration process. You are responsible for maintaining the confidentiality of the password and the user identification, and you shall be fully responsible for all activities that are undertaken through your account. If you register on the Website and/or Mobile Application: you agree to: (i) promptly notify us of any unauthorized use of your password or user identification or any other breach of security in relation to your account; and (ii) ensure that you properly log out/exit from your account at the end of each use/session.
you also agree to: (i) provide true, accurate and complete information that may be required to be provided during the registration process on the Website and/or the Mobile Application; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration and refuse any and all current or future subscription to or use of the Services.
Bookyourhomestay.com reserves the right to deny any User from registering on the Website and/or Mobile Application without assigning any reason therefor.
When you register with Bookyourhomestay.com, you authorise us and our partners/affiliates/group companies to contact you from time to time to provide offers/information of services that we believe may be relevant for you.
We shall not be liable for any loss or damage arising from your failure to comply with provisions of this Clause 3.
Scope of Use
You may only use the Website and/or Mobile Application solely to obtain services provided by the Company using the Website and/or Mobile Application and for no other purpose whatsoever.
You shall not interrupt or attempt to interrupt the operation of the Website and/or the Mobile Application in any way. You shall not intrude or attempt to intrude into the servers hosting the Website and/or Mobile Application in any way.
You shall at all times ensure full compliance with the applicable laws and rules and regulations regarding your use of our Services.
You are prohibited from:
collecting email addresses or other contact information of other Users, through any means whatsoever, without authorization from Bookyourhomestay.com;
selling, cross-selling or distributing Services to any third party or allowing multi-user access to the Services by sharing your password and user identification;
using any automated software, hardware or any other similar mechanism to use access, navigate or search the Website and/or Mobile Application; and
Intellectual Property Rights
“bookyourhomestay.com”, “bookyourhomestay.in”,” bookyourhomestay.co.in” and other Bookyourhomestay.com graphics, logos, taglines and service names are intellectual property of Bookyourhomestay.com. Except as specifically permitted herein, these shall not be used by the User or any other person without the prior written permission from Bookyourhomestay.com. All other trademarks not owned by Bookyourhomestay.com that appear on the Website and/or the Mobile Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bookyourhomestay.com.
You may use and display any portion of the content available on the Website and the Mobile Application (including without limitation text, graphics, software, audio and video files and photos, whether generated or created by Bookyourhomestay.com, Users or Affiliates.) (Content) only on your personal computer, mobile phone, tablet or other similar personal devise and only for personal use. You may print copies of the Content and store the Content on your personal computer, mobile phone, tablet or other similar personal devise for personal use. Bookyourhomestay.com grants you a limited, personal, non-exclusive and non-transferable license only for such use.
You shall not alter or modify the Content in any way. You shall not use, reproduce, republish, distribute, prepare derivative works, or otherwise use the Content (or any portion thereof) other than as explicitly permitted herein.
You shall not remove any: (a) copyright, trade mark or other intellectual property notices from any Content (or from copies and/or print outs thereof); and/or (b) link to the Website and/or Mobile Application from any place, without our express written consent.
You do not acquire any ownership rights to any Content. Any unauthorized use of the Content shall terminate the permission or license granted by Bookyourhomestay.com herein.
You shall not transfer the Content to any other person except with the prior written consent of the Company. You agree to abide by all additional restrictions in relation to the Content displayed on the Website and/or Mobile Application, as may be updated from time to time.
Notwithstanding the above, Bookyourhomestay.com does not represent or guarantee that it has any right (including intellectual property rights) on the Content including the right to allow use thereof by the Users.
Communication Services and Your Information
The Website and/or Mobile Application may contain services such as email, chat, inquiry service related to Accommodations, news groups, forums, communities, personal web pages and/or other messages (Communication Services).
From time to time, you shall provide all the information that may be required by the Company from you through the Website and/or the Mobile Application.
“Your Information” is defined as any information you provide to us or any other person through the Website and/or Mobile Application during the registration process, using any Communication Service, at the time of making any bookings/reservations for the Accommodations or otherwise. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and/or publication of Your Information.
In order to enable Bookyourhomestay.com to use Your Information, so that we are not violating any rights you may have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information, in any media now known or that may come into existence in future.
Without prejudice to our rights under Clause 7.5 above, to the extent required or permitted by applicable law, we may also collect, use and disclose Your Information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
You shall solely be responsible for any Loss that may be incurred by any person as a consequence of use of/ reliance on Your Information and you agree and undertake to indemnify and hold harmless, the Company, its employees, officers, affiliates, partners and group companies from all such Losses.
Third Party Websites
The Website and/or Mobile Application may be linked to other websites on the World Wide Web that are not under the control of or maintained by Bookyourhomestay.com. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. Bookyourhomestay.com has no responsibility or liability for and makes no representations whatsoever about any other website that you may have access to through our Website and/or Mobile Application. These linked sites are only for your convenience, and therefore, you access them at your own risk.
Bookyourhomestay.com shall not be liable for any Loss associated with your use of such other websites. Bookyourhomestay.com seeks to protect the integrity of its Website and Mobile Application and the links placed upon it, and therefore requests any feedback on not only its own Website and Mobile Application, but also third party links. Bookyourhomestay.com reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate.
Your use of the Website and the Mobile Application is at your own risk. Everything on the Website and the Mobile Application including the access to listing of and information about any Accommodations are provided to you on an “as is where is” basis and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the results and performance obtained from using the Content is assumed by you.
The Accommodations and other suppliers providing services listed on the Website or the Mobile Application are third parties obtaining services from Bookyourhomestay.com as an independent contractor and not agents or employees of Bookyourhomestay.com. Bookyourhomestay.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
The Website and the Mobile Application and the Content contained therein could include technical or other inaccuracies or typographical errors. You agree and acknowledge that much of the Content on the Website and Mobile Application is provided and/or uploaded by third parties. Bookyourhomestay.com makes no representations or warranties as to the completeness or accuracy of Content. Bookyourhomestay.com makes no commitment to update or correct the Content that appears on the Website and/or the Mobile Application.
Bookyourhomestay.com makes no representations about the suitability of the information, software, products and services contained on the Website and Mobile Application for any purpose, and the inclusion or offering for sale of any products or services on the Website and Mobile Application does not constitute any endorsement or recommendation of such products or services by Bookyourhomestay.com. All such information, software, products, and services are provided on an “as is where is” basis without warranty of any kind. Bookyourhomestay.com disclaims all warranties, conditions and liability with regard to this information (including, without limitation, photographs, list of amenities and descriptions of Accommodations), software, products, and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision.
Without prejudice to generality of the above, Bookyourhomestay.com does not confirm or guarantee any accuracy of the ratings provided to the Accommodations listed on the Website and the Mobile Application and the same are provided solely for the convenience of the Users.
Limitation of Liability
Accommodation Reservation Procedure
Payment – The Company may require the Users attempting to make bookings/ reservations at the Accommodations to make full or part advance payment of the tariffs and other charges. The credit card, debit card, bank account or other similar mode of payment of the Users will be charged such full or part advance payment as indicated on the Accommodation’s final payment page on the Website or the Mobile Application at the time of the booking/reservation. The availability and the tariffs and other charges stated on the listing page and/or final payment page are indicative and the actual tariffs and availability can only be confirmed after Bookyourhomestay.com has received the payment. You hereby agree and acknowledge that the tariffs and other charges for Accommodations stated on the Website and/or Mobile Application are subject to change at the respective Accommodation’s discretion and Bookyourhomestay.com shall not be responsible for any increase/change in the tariffs and other charges provided by Accommodation.
Booking Confirmation – The check-in pass will be provided to you at least 48 (forty eight) hours prior to check-in or within 3 (three) hours from the time of your making the payment to Bookyourhomestay.com where the date of check-in is less than 48 (forty eight) hours from the time of your making the payment to Bookyourhomestay.com. The time period stated above is a best effort estimate and Bookyourhomestay.com shall not be liable due to non-provision of check-in pass within the stated time. Upon confirmation of the booking/reservation, you shall be deemed to have entered into a direct contract with the Accommodation (Booking Contract) and the information provided to you through the Website and/or Mobile Application at the time the booking/reservation is concluded including the cancellation policy, Accommodation’s other terms and conditions, tariffs and other charges shall constitute an integral part of the Booking Contract and you shall be bound by the same. The Company shall not be a party to the Booking Contract and shall not have any liability/ obligation under or in relation to the Booking Contract whatsoever.
Cancellation of Bookings – You can cancel any bookings/reservation made through the Website and/or the Mobile Application only in accordance with the Accommodation’s and Company’s cancellation policies.
General – Bookyourhomestay.com at its sole discretion reserves the right to accept or reject the instructions for booking/reservation placed by the User through the Website and/or Mobile Application without assigning any reason thereof. The services rendered by us are different and separately distinguishable from the services provided by the Accommodation to you. By making the required payment to Bookyourhomestay.com for booking/ reservation at the Accommodation, we act as your pure agent for making payment of such amounts (reduced by any fees payable by the Accommodation to Bookyourhomestay.com) to the Accommodation i.e. we recover the actual cost to be paid to the Accommodation, as a reimbursement, in addition to our fees payable by the Accommodation and you authorize us to make payment on your behalf to the Accommodation for services to be provided by the Accommodation to you. Bookyourhomestay.com does not hold or intend to hold the title to the services provided by the Accommodations to you. All the expenditure or costs incurred by us in the course of providing any services to you are incurred by us in the capacity as your pure agent. You would occupy the accommodation booked/reserved by us on your behalf and in the event of non-occupancy by you; we shall not occupy the accommodation so booked/reserved or offer the same to other customers who visit our Website or Mobile Application. While we collect payments from you and and make payments as your pure agent to the Accommodation in accordance with this Clause 11.1.6, the legal responsibility for making payments for such services rests with you (including in the unintended event of our failure to remit such payments to the Accommodation). If you make any specific/special requests such as bedding type or category of smoking/ non-smoking rooms, we will endeavour to request the Accommodation and they may agree, however, neither Bookyourhomestay.com nor the Accommodation guarantees that your request will be honoured. Accommodations may from time to time and at their sole discretion change their terms and conditions and these terms and conditions will be available on the Website and the Mobile Application. However, it is advisable that you independently inquire about any specific queries you may have regarding the Accommodation’s terms and conditions. The Accommodations reserve the right of admission. Some Accommodations may not allow local residents (and/or who produce a local identification proof at the time of check-in) and/or unmarried/unrelated couples (and/or who fail to produce suitable evidence of identification as married couples) to check-in as guests. The primary guest must be at least 18 (eighteen) years old to be able to check into the Accommodation. The Accommodations may deny you check-in in case of your failure to comply with any of Accommodation’s terms and conditions or requirements of applicable law. Each guest will be required to present a valid photo identification at the time of check-in into the Accommodation. The acceptable identification proofs will be as per applicable law and Accommodation’s terms and conditions. Without valid photo identification the guest may not be allowed to check in.
Fees, Payments and Tax
Bookyourhomestay.com reserves the right to charge listing fees for certain listings, as well as transaction fees on the bookings/reservations made using the Website and/or the Mobile Application. We reserve the right to alter any and all fees from time to time, without notice.
In case, there is any short charging by Bookyourhomestay.com for listing or transaction fees or any other fee because of technical or other reasons, Bookyourhomestay.com reserves the right to deduct/charge/claim the balance subsequently at its own discretion.
Bookyourhomestay.com currently accepts payments through: (a) Indian and international credit cards and Indian debit cards; (b) internet banking of certain banks in India; and, (c) electronic wallets of service providers authorized by RBI. In cases of bulk bookings and in other cases that Bookyourhomestay.com deems appropriate, Bookyourhomestay.com may accept payments through cheques issued by banks in India or in cash. Bookyourhomestay.com may from time to time and in its sole discretion agree to accept payments through such other modes as Bookyourhomestay.com may deem appropriate. All payments must be made in Indian Rupees. Current billing address, phone number and other information demanded on the Website and/or Mobile Application must be included with every request for booking/ reservation.
By booking with Bookyourhomestay.com, you authorize Bookyourhomestay.com and its agents to transact with your bank or other payment gateways to obtain necessary information required to process payment, confirm payment, resolve inquiries and billing disputes and/or as otherwise required to manage the booking/ reservation. You must adhere to the terms and conditions that are prescribed by the payment gateways through which you choose to transact. Bookyourhomestay.com shall not be responsible for any Losses incurred by you while transacting through these payment gateways.
Maintenance of Website and/or Mobile Application
Bookyourhomestay.com shall not have any obligation to ensure availability of the Website and/or Mobile Application including during periodic maintenance operations and/or any unplanned suspension of access to the Website and/or Mobile Application that may occur due to any technical reasons or any other reasons. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website and/or Mobile Application is done entirely at its own risk and that Bookyourhomestay.com will not be responsible for any Loss to the User’s computer systems or loss of data that results from the download of such material and/or data.
Term and Termination
Bookyourhomestay.com reserves the right to recover any amounts due and owing by the User to Bookyourhomestay.com and/or any Accommodation and take any legal action for recovery thereof as it deems necessary.
Upon suspension or termination of your use of the Website and/or Mobile Application, you shall have no right and we shall have no obligation thereafter to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third party. Once the User’s registration or the Services are suspended or terminated, any data that you may have stored on the Website and/or Mobile Application may not be retrieved later. In such an event, Bookyourhomestay.com shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such suspension or termination.
Once the User has been indefinitely suspended or terminated, the User may not register on the Website and/or Mobile Application or use the Website and/or Mobile Application in any manner whatsoever unless specifically permitted Bookyourhomestay.com.
Governing Law and Jurisdiction
Safe Harbour – Any statements contained in the Website and/or the Mobile Application concerning Bookyourhomestay.com’s future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Website and/or the Mobile Application.
Disputes with Accommodations – You are solely responsible for your interactions with the Accommodations and/or other Users. Bookyourhomestay.com reserves the right, but has no obligation, to intervene in any disputes between you and the Accommodations and/or other Users.
(a) for Bookyourhomestay.com, should be directed to us.
(b) for the User, should be directed to the email address provided by the User on the Website or the Mobile Application.
Grievance Officer – The name and the contact details of the Grievance Officer appointed in accordance with the Information technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Date or Information) Rules, 2011 and the mechanism for notification of complaints to the Grievance Officer are as follows:
Grievance Officer : Sudipta Deb
Contact : firstname.lastname@example.org / +91 97483 97777
You can notify your complaints against our services or other matters pertaining Bookyourhomestay.com over an email to the above address. The Grievance Officer shall respond to the complaints within 72 hours from the time of receipt of complaint
Other Terms and Conditions
When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
The prices on our Platform are highly competitive. All room prices are per room for your entire stay and all prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation fee. Applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
The crossed-out rate shown for rooms is based on the third highest current price of the Supplier for your product or service with the same booking conditions in a 30-day window around your check-in date (15 days before and 15 days after check-in date; if less than 15 days are between today and the check-in date, we will use the corresponding number of days after the check-in date to result in a 30-day total). To ensure we are making a fair comparison, we always use the same reservation conditions (e.g. meal plan, cancellation policy and room type). This means that you get the same room for a lower price compared to other check-in dates at the same time of year