Limited Liability of Himalayan Eco Homes
- Himalayan Eco Homes acts as a facilitator and merely provides an online platform to the User to select and book a particular homestay/eco home.
- All the information pertaining to the homestay including the category of the place, images, room type, amenities and facilities available at the homestay are as per the information provided by the homestay to us. We make a physical verification of all this information but if any discrepancy exists between the website pictures and actual settings of the homestay/eco home, it should be raised by the User with the homestay directly, and shall be resolved between the User and homestay. Himalayan Eco Homes will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.
Information from Homestays and the terms of homestays
- The booking voucher which Himalayan Eco Homes issues to a User is solely based on the information provided or updated by the homestay regarding the inventory availability. In no circumstances can Himalayan Eco Homes be held liable for failure on part of a homestay to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the homestay. Our liability in case of denial of check-in by a homestay for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the homestay.
- Homestays reserve the sole right of admission and we have no say whatsoever in admission or denial for admission by the homestay. Unmarried or unrelated couples may not be allowed to check-in by some homestays as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time of check-in. Some homestays may also not allow local residents to check-in as guests. Himalayan Eco Homes will not be responsible for any check-in denied by the homestay due to the aforesaid reasons or any other reason not under the control of HEH. No refund would be applicable in case the homestay denies check-in under such circumstances.
Responsibilities of Guests
- The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the homestay in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned homestay. HEH would not, in any way, intervene in the same.
- The primary guest must be at least 18 years old to be able to check into the homestay.
- The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The homestay shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.
- Check-in time, check-out time, and any changes in those timings, will be as per homestay policy & terms. Early check-in or late check-out request is subject to availability and the homestay may charge an additional fee for providing such services.
Additional Charges by the Homestays
- The booking amount paid by the User is only for stay at the homestay. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the homestay, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the homestay.
- Homestays may charge a mandatory meal surcharge on festive periods like Christmas, New Year’s Eve or other festivals as decided by them. All additional charges (including mandatory meal surcharges) need to be cleared directly at the homestay. HEH will have no control over waiving the same.
Payments for bookings and any additional payments
- Booking of a homestay can either be fully “Prepaid”, or with “Partial payment” as per the options made available by a homestay on the Website of HEH.
- In “Prepaid” model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the homestay reservation rate, taxes, service fees as may be charged on behalf of the actual service provider and any additional booking fee or convenience fee charged by HEH.
- At the homestay’s or HEH’s sole discretion on case to case basis, the User may also be provided with an option to make a part payment to HEH at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide HEH with correct credit or debit card details. HEH may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.
- Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.
- Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by HEH and solely at the behest of the Homestay.
Activities and other services
- ‘Activity’ includes day tours & sightseeing, spa & wellness, adventure sports, cruise, theme/ amusement parks, buffets & dining or any other service/product booked on the Website.
- The provider of the Activity will be referred as ‘Activity Provider’, who shall be solely responsible for provision of the products/ services booked by the User.
ROLE OF HEH AND LIMITATION OF LIABILITY
- HEH’s role is limited to facilitating the procurement of an Activity service by the User from the Activity Provider. The transaction or the service fulfillment relation is always between the User and the Activity Provider
- HEH shall not provide pick up and drop facility for any Activity unless otherwise explicitly mentioned in the confirmation of the reservation.
- HEH shall not be liable or responsible for:
- Any damage or loss, injury, accident, death, breakdown, irregularity, delay/change in schedule, cancellation without cause, inaccurate information, deficiency of service/product, or cancellation due to conditions not under the control of Activity Provider;
- The health, safety and well-being of the User in the course of availing the Activity or thereafter;
- Any incidental or ancillary services which is directly purchased by the User from the Activity Provider;
- Any incorrect information provided by the Activity Provider.
- The maximum liability of HEH will be limited to refund of booking amount which was received by HEH for reservation of the Activity.
RESPONSIBILITIES OF THE USERS
- The User agrees to comply with the terms and conditions of Activity Provider in addition to HEH’s User Agreement and Terms of Service.
- The User will be required to present the booking / confirmation voucher issued by HEH in order to avail the Activity
- The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of Activity booked outside India or any other document as specified by the Activity Provider in order to utilize the Activity booked.
- The User may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Activity where mandated by the Activity Provider.
- The User shall reach out to Activity Provider directly for any concerns subsequent to the confirmation of reservation.
- The User should ensure that he qualifies all the eligibility criteria for availing the Activity including but not limited to age limit, weight limit, medical conditions etc. User understands that in case he is found unfit or illegible for the Activity, Activity provider may or may not allow the User to avail the said Activity.
PAYMENTS FOR BOOKINGS, AND CANCELLATIONS
- Reservations will be subject to cancellation and refund policies of the Activity Provider which may vary from time to time.
- HEH may charge applicable taxes or service charge, convenience fees etc. wherever applicable. .
SPECIAL OFFERS AND COUPONS
The following terms will additionally apply to any coupon provided by HEH:
- HEH’s responsibility is limited to sharing the coupon with the User subject to receipt of payment from the User;
- The redemption of coupon is User’s responsibility, and providing the service will be the Activity Provider’s responsibility;
- The expiry date of the coupon shall be mentioned on the coupon and the User will not be able the use the coupon subsequent to the date of expiry;
- The coupon is not redeemable for cash;
- The coupon once purchased cannot be refunded or cancelled
There can be exceptional circumstances where HEH and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of HEH. If HEH has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that HEH being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, HEH’s obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge HEH from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall HEH be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.