b) all related widgets, tools, applications, data, software, APIs
[Collectively the “Platform”]; and
c) Services (As defined hereinbelow)
provided by Xanadu Hospitality Private Limited, a private limited company with its registered office at Chennai, India (“Company”, “Xanadu” "We", "Us", "Our" and terms of similar meaning).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN ORDER TO USE THE PLATFORM AND/OR AVAIL OF THE SERVICES, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT ENTITLED TO USE THE PLATFORM OR AVAIL THE SERVICES PROVIDED BY US.
PLATFORM AND SERVICES
The Platform is a web based platform operated by the Company that enlists homestay properties at various geographical locations enabling the Users to browse and book homestay accommodation, subject to these Terms (As defined hereinbelow).
The Company is in the business of providing the following services through the Platform:
a) Registration of a Guest on the Platform;
b) Registration of Vacation rental properties on the Platform to enable visibility of their availability and services to Guests
c) Booking of vacation rental accommodation, provision of related amenities and such other allied services as indicated in a booking form provided by the Company on the Platform (“Booking Form”);
d) Providing discount coupons or promotional offers to Guest(s) as We shall deem fit at Our sole discretion subject to the terms of such discount coupons or promotional offers; and
e) Any other services as We may deem fit.
(Collectively referred to as “Services”)
ACCEPTANCE AND GOVERNANCE OF TERMS
You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, as may be amended from time to time in the manner as set forth herein below ("Terms"). Each Vacation rental registered on the Platform shall be bound by these Terms.
By using the Platform, You represent and warrant that:
a) You are at least 18 years old;
b) You have the lawful authority and capacity to contract and be bound by these Terms;
c) If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
d) You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes.
These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:
a) the Indian Contract Act, 1872;
b) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and
c) The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
A. USE OF THE SERVICE
i. The terms governing the reservation, stay, use of the accommodation, the amenities provided and such other related information are set out in Annexure A to these Terms. You shall have deemed to have read and accepted in entirety the Terms, prior to making a reservation using the Platform.
ii. We shall provide the Services vide Our employees, agents, contractors and/or representatives (“Service Professionals”), based on the requirements of the Guest, as set out in the Booking Form executed by the Guest. Our qualified representatives shall ensure that the Services would be provided in a professional workmanlike manner, in accordance with industry standards.
iii. Promotional offers: The Company may at its discretion run promotional offers in respect of certain Services subject to such terms and conditions as may be prescribed. All promotional offers shall be subject to the terms and conditions governing the same, as displayed on the Platform. The User hereby agrees and acknowledges that the Company shall have the sole discretion to run promotional offers, modify the terms and conditions governing the same and discontinue the promotional offers with no prior intimation to the User, at its sole discretion. The User shall have no right, claim or authority to dispute the continuance or discontinuance of promotional offers by the Company.
i. In consideration for the Services, You agree and acknowledge that You shall pay to the Company, a fee for every booking transaction (“ Fee”) completed vide the Platform in the manner as set forth in the Booking Form. The Company shall be entitled to amend the fees and charges leviable for Services, anytime at its sole discretion.
ii. In the event that You have paid for the Services and have cancelled the purchase transaction prior to provision of the Services by the Company, in the manner and in accordance with the procedure set forth in the Booking Form, the Company shall be entitled to deduct such charges set out as cancellation charges in the Booking Form and a convenience fee for processing the refund of the Fee (“Cancellation Charges”), and shall refund the remaining amount. You agree and acknowledge that deduction of Cancellation Charges shall be in addition to any fees that maybe deducted/levied by the Payment Processors (as defined hereinbelow) for processing such refund.
iii. Refund Policy: The Guest shall not be entitled to a refund of the Fee under any circumstances whatsoever except for the Cancellation Charges in the manner as set forth in the Booking Form. Thus no refund policy shall apply at all times regardless of the User’s decision to cease to avail the Services whether for cause or not.
iv. The Fee shall be exclusive of all applicable taxes and any taxes in respect of the Fee as may be payable under applicable law shall be the responsibility of the Guest and not the Company.
v. The Guest represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the Guest commits a breach in respect thereof, the Company reserves its right to either suspend/terminate the Services with immediate effect or terminate Your access to the Platform.
vi. The User agrees and acknowledges that the Company uses third-party payment processors (“Payment Processors”) for any payments made on the Platform. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The User further agrees and acknowledges that neither the Company nor any of its directors, employees, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.
C. ACCESS AND USE
The Company grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:
i. You may only access the Platform or Services using authorized and lawful means;
ii. Xanadu shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by You to register with the Platform for such access or due to any other reasons whatsoever;
iii. Any configuration or set up of the Devices for access to the Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
v. You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or the Platform;
vi. You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;
vii. You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
viii. You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;
ix. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform;
x. You will not attempt to gain unauthorised access to any accounts, Service Professionals’ information, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
xi. You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;
xii. You will not copy, distribute, or make derivative works of the Platform in any medium;
xiii. You shall not recruit, solicit, or contact in any form the Service Professionals for employment or contracting for a business not affiliated with the Company;
xiv. You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
xv. You acknowledge that from time to time, Xanadu may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
i. As a participant in the Platform, You agree to use careful, prudent, and good judgment when leaving feedback for other users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, the Company, in its sole discretion, may take any of the following actions: (i) delete Your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
ii. Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at email@example.com;
iii. The Company does not and cannot review every posting made on the Platform. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by You or any other user and the Company shall not be responsible for any ensuing liability.
E. INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks displayed on the Platform ("Marks") are the exclusive property of the Company. You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to a Guest, other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Platform or the Services shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using the Platform and availing the Services, You agree that You shall defend, indemnify and hold the Company, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Misuse of Your access to and use of the Platform and/or the Service; (ii) any loss or injury to the Company’s representatives, Service Personnel or homestay properties resulting from or attributable to Your acts or omissions; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A)the content of any communications transmitted by You; and/or (B) transactions undertaken by You.
G. DISCLAIMER OF WARRANTIES
i. The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Platform and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
ii. The Platform is provided strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
iii. Xanadu Hospitality Pvt Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services(or any part thereof) with or without notice and in its sole discretion. You agree that Xanadu shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform or the Services.
iv. Xanadu Hospitality Pvt Ltd shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or
governmental agencies. v. The User acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the User’s content or third party content.
vi. The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
H. LIMITATION OF LIABILITY
In no event shall Xanadu Hospitality Pvt Ltd or anyone else involved in administering, distributing or providing the Platform an/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. Xanadu or anyone else involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any the following:
i. errors, mistakes or inaccuracies of the content displayed on the Platform;
ii. personal injury or property damage of any nature whatsoever, resulting from Our Services or for any alleged or actual damages or loss of valuables at the location;
iii. the acts or omissions of Our representatives performing Services on Our behalf;
iv. any failure or delay in the Services;
v. any loss or damage arising out of Your failure to adhere to Your obligations under the Terms.
vi. user content or the defamatory, offensive, or illegal conduct of any third party;
vii. viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/or availing ANY SERVICES REMAINS SOLELY WITH YOU.
In no event shall Xanadu Hospitality Pvt Ltd or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the Fees paid by You to Xanadu Hospitality Pvt Ltd in respect of such specific transaction/booking pursuant to which the Services were availed.
i. These Terms will continue to apply until terminated by either You or Us as set forth below.
ii. Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with Us by (i) not accessing the Website; and/or (ii) deleting Your Accounts (if any).
iii. Termination by Us: Xanadu Hospitality Pvt Ltd may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
b) Xanadu Hospitality Pvt Ltd is required to do so in accordance with law; or
c) Xanadu Hospitality Pvt Ltd has elected to discontinue, with or without reason, access to the Platform and/ or the Services (or any part thereof) either in general or specifically to You.
iv. Xanadu Hospitality Pvt Ltd shall not be liable to You or any third party for any such termination.
v. Consequences of Termination:
a) Once Your Account has been terminated, any and all content will be irretrievably deleted by Us, except to the extent that we are obliged to maintain or permitted to retain in accordance with law;
b) All reward points, offers and discounts accrued to Your Account shall automatically terminate;
c) The licences granted to You in terms of these Terms shall stand terminated effective immediately;
d) The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary;
e) Termination shall not affect Your liability or obligations arising prior to such termination and any and all amounts and charges payable by You pursuant to access or use of the Platform and/or Services shall become immediately due and payable.
i. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform;
iii. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law;
K. DISPUTE RESOLUTION AND GOVERNING LAW
i. If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email Us details of the same at firstname.lastname@example.org . Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavour to amicably resolve the dispute.
ii. These Terms shall be governed and construed under the laws of India and the courts of Chennai shall have exclusive jurisdiction.
GENERAL TERMS AND CONDITIONS
1. Xanadu Hospitality Pvt Ltd reserves the right of admission.
2. Though the primary form of reservation for Xanadu is through the website, bookings can also be made over the telephone or via email.
3. Full amount of Fees shall be remitted to confirm the booking. Extras such as food, transportation etc. can be settled directly on check out.
4. Xanadu Hospitality Pvt Ltd reserves the right to cancel any reservation or booking made by the User without prior notification. On account of such cancellation for any reason whatsoever (other than for reasons solely attributable to the User), Fees in respect of Services yet to be availed shall be proportionately refunded at the discretion of Xanadu Hospitality Pvt Ltd.
5. Payment of Fees made through the Platform are limited to charges on accommodation. They do not include other costs such as food, transportation and usage of other amenities.
6. Rooms booked can’t be downgraded (i.e) shifted to rooms with lower tariffs. However upgrades are possible subject to availability and payment of the difference in room tariffs.
7. Subject to availability, properties can be booked as a whole or individual rooms can be booked.
8. Guests are expected to carry a printed copy of the Booking Form and submit the same while checking in.
9. Users can avail the benefit of only one promotional offer at a time. No two promotional offers can be combined at the time of making a booking.
10. All Guests over the age of 18 shall mandatorily at all times carry with them a valid government ID proof (Passport and Visa, in case of foreign guests) and produce the same to Xanadu at check in. Check-in without a valid ID proof shall not be allowed.
11. Transport facilities may be provided on request. However the same shall be chargeable and subject to availability.
12. Non-compliance with any of the rules mentioned herein shall result in immediate eviction of the Guest/s. In such cases, there shall be no refund of Fees.
1. CANCELLATION POLICY
The cancellation of any booking made vide the Booking Engine is subject to the following:
1. For the New Year period (dates between 23 December and 2 January)
• If the cancellation is made 30 days or more in advance, You shall be entitled to get a refund of 75% of Total Room Tariff.
• If the cancellation is made 16-30 days or more in advance, You shall be entitled to get a refund of 50% of Total Room Tariff.
• Cancellations made beyond 15 days prior to the date of check-in shall be entitled to receive no refund.
2. For the rest of the year:
• If the cancellation is made 15 days or more in advance, you shall be entitled to get a refund of 100% of Total Room Tariff.
• If the cancellation is made 96 hours (4 days) or more in advance, you shall be entitled to get a refund of 75% of Total Room Tariff.
• If the cancellation is made 48 – 96 hours (2-4) days in advance, you shall be entitled to get a refund of 50% of Total Room Tariff.
• If the cancellation is made within 48 hours (2 days) prior to check-in date, you shall not be entitled to receive any refund.
3. Cancellations of Credit card and online payment payments will be charged 5% extra.
4. In the event of part cancellation of the reservation (i.e. reduction in duration or number of rooms), the above cancellation policy will apply on a pro-rata basis.
5. Refunds will only be through cheque/bank transfer for bookings made by cash/cheque/bank transfer.
6. Processing of refunds for bookings made through the Platform usually takes 7-10 working days.
7. Credit/debit card refunds will only be made against credit/debit card bookings and usually take 15 working days.
iv. USE OF PROPERTY
1. No pets are allowed.
2. While Alcohol will not be served by Xanadu Hospitality Pvt Ltd, guests are free to carry alcohol, subject to maintenance of decorum and compliance with relevant laws.
3. Guests shall ensure that they comply with all applicable laws during their association with Xanadu Hospitality Pvt Ltd. Guests shall be made liable for any loss - tangible or otherwise incurred by Xanadu Hospitality Pvt Ltd on account of the acts and/or omissions of the Guest.
4. Properties listed on the Platform maybe located in remote areas where there is no immediate access to hospitals, or transport facilities or in locations that might be geographically dangerous. The Guest acknowledges that the Guest has chosen to stay at the property based on his/her preferences and choice and shall not hold Xanadu Hospitality Pvt Ltd responsible or liable for any adverse incident/s that may arise out of such non-accessibility or use of properties. You may stay at these properties entirely at Your sole risk as to cost and consequences.
5. Large windows and decks shall be a prominent feature of most properties. Guests are expected to take due care while staying in such properties. Xanadu Hospitality Pvt Ltd provides no assurance with regard to any kind of structures or fence demarcating the property and the terrain.
1. There are no room-service facilities available at the properties.
2. For the sake of your convenience, dietary preferences shall be accommodated while serving various meals. However, such preferences have to be recorded at the time of booking.
3. The following amenities are provided (subject to availability):
• Complimentary breakfast
• Lunch and dinner is available with advance notice. Charges applicable.
• Complimentary Wi-Fi
• LED TV is available in the Living Room
• Large collection of books and indoor games available. Few outdoor games also offered
• Complimentary Tea-Coffee maker is available in the Dining Room. A la carte order for tea/ coffee available. Charges applicable
• Organic and chemical free toiletries