These Terms and Conditions (“Terms”) constitute a legally binding agreement between the User (“you”, “your”) and Flexistay Private Limited (“Company”, “we”, “our”, “us”) governing access to and use of the Flexistays Platform(“Platform”), which includes our website, mobile application, and related services.
By accessing or using the Platform, you acknowledge and agree to be bound by these Terms.
1. Definitions
“Accommodation” means hotel room(s) or any other accommodation offered by a Hotel Partner through the Platform.
“Hotel Partner” means an independent third-party operator or owner who registers with the Platform to offer Accommodations.
“User(s)” means any person who accesses or uses the Platform, whether registered or unregistered, including legal heirs, successors, or permitted assigns.
“Booking” means a confirmed reservation of Accommodation made through the Platform by a User.
“Applicable Laws” means all laws, regulations, rules, directions, guidelines, notifications, or orders issued by any competent authority in India.
2. Eligibility
A User must be at least eighteen (18) years of age to register and make Bookings on the Platform.
Users under eighteen (18) may only use the Platform under the supervision of a parent or guardian.
Hotel Partners must be duly registered business entities or individuals with legal authority to operate Accommodations in accordance with Applicable Laws.
3. Scope of Services
The Platform operates as a digital marketplace enabling Users to search, compare, and book Accommodations provided by Hotel Partners.
The Company acts solely as an intermediary and does not own, operate, or control the Accommodations listed on the Platform.
All bookings are direct contractual engagements between the User and the Hotel Partner, with the Platform facilitating the process.
The Company shall not be held responsible for the acts, omissions, representations, or services of Hotel Partners.
4. User Registration and Account Responsibilities
Users may browse the Platform without registering, but registration is required to make Bookings.
At the time of registration, Users shall provide accurate and complete information, including name, contact details, and government-issued identification.
Users shall maintain the confidentiality of login credentials and shall be responsible for all activities carried out under their account.
Users shall immediately notify the Company of any unauthorised use of their account.
The Company shall not be liable for any loss or damage arising from a User’s failure to safeguard account credentials.
5. Hotel Partner Registration and Responsibilities
Hotel Partners shall register by providing details such as hotel name, address, contact details, KYC documents, and property details.
Hotel Partners shall ensure that all listings, descriptions, photographs, amenities, policies, and pricing are accurate, up-to-date, and not misleading. Hotel Partners shall comply with all Applicable Laws relating to hospitality, safety, sanitation, and taxation.
Hotel Partners shall maintain sufficient staff, facilities, and infrastructure to provide services as described in their listings.
Hotel Partners shall not cancel confirmed Bookings without a valid reason, except in unavoidable circumstances.
The Company reserves the right to suspend or terminate Hotel Partner accounts for repeated non-compliance.
6. Bookings
Users may browse listings and place Bookings through the Platform.
A Booking shall be considered confirmed only upon successful completion of payment through authorised payment channels.
Users must produce valid government-issued identification at the time of check-in. Failure to do so may result in cancellation of the Booking without refund.
Bookings may be made for hourly slots (minimum of 3 hours) or for a full day (24 hours).
Any stay beyond the booked time shall attract additional charges as determined by the Hotel Partner.
The Company reserves the right to cancel any suspicious or fraudulent Booking without liability.
7. Payments
All payments shall be made through secure payment gateways integrated with the Platform.
Users shall ensure that valid and authorised payment credentials are used.
The Company shall not be liable for fraudulent or unauthorised transactions carried out using the User’s credentials.
Payments may be subject to taxes and charges as mandated by Applicable Laws.
Hotel Partners shall receive settlement of payments as per the timelines notified by the Company from time to time.
8. Cancellations and Refunds
Users may cancel Bookings in accordance with the cancellation policy displayed on the Platform.
No refund shall be made in case of a User’s failure to show up at the Accommodation during the booking period.
Hotel Partners may cancel a Booking only in exceptional circumstances, such as operational issues or emergencies, which must be promptly communicated to the Platform and the User.
The Platform may, at its discretion, assist Users in securing refunds in cases where cancellation is attributable to a Hotel Partner.
Refunds, where applicable, shall be processed within 8 to 10 working days, subject to banking or payment gateway processes.
9. Prohibited Conduct
The User shall not utilise the Platform for any unlawful, immoral, or unauthorised purpose, nor shall the User engage in any activity that may impair, disrupt, or interfere with the functioning of the Platform.
The User shall not attempt to gain unauthorised access to the Platform, its servers, networks, or systems by way of hacking, reverse engineering, password mining, or any other illicit means.
The User shall not impersonate any person or entity, or misrepresent his or her affiliation with any person or entity, while using the Platform.
A Hotel Partner shall not misrepresent the nature, standard, safety, or availability of any Accommodation or otherwise furnish misleading particulars to the User or the Company.
Any contravention of this Clause shall entitle the Company, without prejudice to any other remedies available under law, to forthwith suspend or terminate the account of the offending User or Hotel Partner.
10. Reviews and Ratings
A User may submit reviews and ratings upon availing of the services of a Hotel Partner through the Platform. Such reviews shall be genuine, fair, and reflective of the User’s actual experience.
The Company reserves the right, in its sole discretion, to remove or delete any review or rating that is false, defamatory, offensive, abusive, obscene, misleading, or otherwise objectionable.
In the event it is established that a review or rating is fabricated, fraudulent, or intended to malign, the Company may, without prejudice to its other rights, permanently remove such content and terminate the account of the concerned User.
By submitting a review or rating, the User grants to the Company a perpetual, worldwide, royalty-free, and transferable licence to use, reproduce, and publish such review in connection with the operation of the Platform.
11. Intellectual Property
All rights, title, and interest in and to the Platform, including without limitation its design, layout, software, text, images, trademarks, logos, and other proprietary material, vest absolutely with the Company.
The User and the Hotel Partner acknowledge that they shall not, without the prior written consent of the Company, copy, reproduce, republish, transmit, distribute, modify, create derivative works from, or otherwise exploit any portion of the Platform.
Any feedback, suggestion, idea, or proposal voluntarily submitted by a User or a Hotel Partner in relation to the Platform shall be deemed to be non-confidential, and the Company shall have an unrestricted, irrevocable, and perpetual right to use the same in any manner as it deems fit, without payment of any compensation.
12. Limitation of Liability
The Company acts solely as an intermediary and shall not, in any manner whatsoever, be deemed to be the owner, operator, or manager of the Accommodations listed on the Platform.
To the fullest extent permissible under Applicable Law, the Company, its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, goodwill, or data, arising out of or in connection with:
the use or inability to use the Platform;
any Booking made through the Platform; or
any act, omission, representation, warranty, or service of a Hotel Partner.
Nothing contained herein shall exclude or limit liability that cannot be excluded or limited under Applicable Law.
13. Termination
The Company reserves the right, without prior notice and at its sole discretion, to suspend, restrict, or terminate the account of any User or Hotel Partner who breaches these Terms, engages in fraudulent conduct, or otherwise misuses the Platform.
Upon termination of an account, all current or future Bookings may be cancelled forthwith, and the User or Hotel Partner shall not be entitled to any compensation in such event.
Any attempt to access or use the Platform following termination shall be deemed unauthorised and may attract civil or criminal liability under Applicable Law.
14. Force Majeure
The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results, directly or indirectly, from causes beyond its reasonable control, including but not limited to acts of God, natural calamities, flood, fire, epidemic, pandemic, war, riot, civil commotion, labour unrest, governmental action, restriction or regulation, breakdown of communication facilities, or power failure.
In such an event, the obligations of the Company shall be suspended for the duration of the Force Majeure condition, provided that the Company shall use reasonable efforts to resume performance as soon as practicable.
15. Indemnity
The User and the Hotel Partner shall, at all times and to the fullest extent permitted by law, indemnify and keep indemnified the Company, its directors, officers, employees, and agents from and against all claims, demands, actions, proceedings, losses, liabilities, damages, costs, charges, and expenses, including legal fees, which may be incurred or suffered by the Company as a result of:
breach of these Terms;
violation of any Applicable Law; or
infringement of any rights of a third party.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
Subject to Clause 16.3, the courts at Jaipur, Rajasthan shall have exclusive jurisdiction over all disputes, claims, and differences arising out of or in connection with these Terms.
Nothing in this Clause shall preclude the Company from seeking interim relief or injunction from any court of competent jurisdiction.
17. Communication and Notices
All notices, requests, or communications required or permitted under these Terms shall be made in writing.
Notices addressed to the User shall be sent to the email address or mobile number registered with the Platform and shall be deemed to have been duly delivered upon transmission.
Notices to the Company shall be addressed to LCE Block, 1st Floor, No. 5, RIEP Building, Rupa Ki Nangal, Post - Sumel, Via Jamdoli, Jaipur Jaipur - 302031 (Rajasthan).