This User Agreement (“Agreement”) is entered into by and between Flexistay Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at [Insert Registered Office Address] (hereinafter referred to as the “Company”, “we”, “our”, or “us”), and any person accessing or using the Flexistays Platform (hereinafter referred to as the “User” or “Hotel Partner”, as the case may be).
This Agreement, together with the Privacy Policy and the Terms and Conditions, constitutes a legally binding contract between the Company and the Users of the Platform. By accessing, registering with, or using the Platform, you agree to be bound by the terms and conditions set forth herein.
1. Acceptance of Agreement
By registering on, accessing, or using the Platform, the User and the Hotel Partner expressly accept the terms of this Agreement, either by express acknowledgment or by conduct.
If any User or Hotel Partner does not agree to the terms herein, such party shall forthwith cease to access or use the Platform.
Continued use of the Platform shall be deemed to constitute acceptance of this Agreement in its entirety.
2. Obligations of Users
The User shall provide accurate, complete, and up-to-date information during registration and at the time of making any Booking.
The User shall carry valid government-issued identification at the time of check-in, failing which the Booking may be cancelled without refund.
The User shall use the Platform solely for personal and lawful purposes and shall not engage in any fraudulent or abusive activity.
The User shall be responsible for safeguarding all belongings and valuables during the stay. The Company shall not be liable for any theft, loss, or damage occurring at the Accommodation.
The User shall be responsible for his or her own conduct during the stay and for complying with the Hotel Partner’s rules, regulations, and policies.
The User shall comply with all Applicable Laws and with the rules and policies of the Hotel Partner during the stay.
3. Obligations of Hotel Partners
The Hotel Partner shall provide accurate and updated details of Accommodations, including descriptions, photographs, amenities, pricing, and availability.
The Hotel Partner shall comply with all Applicable Laws relating to hospitality, taxation, safety, health, and sanitation.
The Hotel Partner shall honour all Bookings made through the Platform and shall not cancel except for legitimate operational exigencies.
The Hotel Partner shall ensure that the Accommodation is safe, clean, and suitable for occupation.
The Hotel Partner shall be liable for any misrepresentation, deficiency of service, or non-compliance with Applicable Laws.
The Hotel Partner shall not cancel confirmed Bookings except for exceptional circumstances beyond its control, and shall notify the Company and the User immediately of any such cancellation.
The Hotel Partner acknowledges that repeated unjustified cancellations or service deficiencies may result in penalties, suspension, or termination of its account.
4. Bookings, Payments, and Cancellations
4.1 Formation of Booking:
A Booking shall be deemed confirmed only upon successful completion of the reservation process on the Platform and receipt of payment through authorised channels.
4.2 User Obligations in Bookings:
The User shall ensure that all particulars furnished during the Booking process, including contact details and identification information, are true, correct, and up to date.
The User shall carry valid government-issued identification and present the same at the time of check-in, failing which the Booking may be cancelled without refund.
The User shall arrive at the Accommodation within the prescribed check-in period. Non-appearance by the User (“no-show”) shall entitle the Company or the concerned Hotel Partner to retain the Booking amount in accordance with the applicable cancellation policy.
The User shall comply with all rules, regulations, and house policies of the Accommodation during the stay.
4.3 Payments:
All payments shall be made through secure payment gateways or authorised channels integrated with the Platform.
The User shall ensure that valid and authorised payment instruments are used.
The Company shall not be liable for any unauthorised, fraudulent, or erroneous transactions arising from the User’s negligence.
Payments shall be inclusive of applicable taxes, levies, or charges as mandated under Applicable Law.
4.4 Cancellations by the User:
The User may cancel a Booking in accordance with the cancellation policy displayed on the Platform at the time of reservation.
In the event of a cancellation by the User, eligibility for refund (if any) shall be determined strictly in accordance with the cancellation policy applicable to such Booking.
Refunds, where applicable, shall be processed within a reasonable time, subject to payment gateway and banking procedures.
4.5 Cancellations by the Company:
The Company reserves the right to cancel any Booking on grounds including but not limited to technical errors, fraudulent transactions, or circumstances beyond its reasonable control.
In such cases, the User shall be entitled to a refund of the Booking amount paid, without any further liability on the part of the Company.
5. Role of the Company
The Company operates the Platform solely as an intermediary providing booking and payment facilitation services.
The Company does not own, manage, operate, or control any Accommodation and shall not be deemed to be a service provider of such Accommodation.
The Company shall not be responsible for the acts, omissions, representations, or warranties of any Hotel Partner.
The Company may, at its discretion, provide assistance in resolving disputes between Users and Hotel Partners, but shall not be obliged to do so.
6. Termination
The Company may suspend or terminate the User’s account in the event of breach of this Agreement, fraudulent conduct, or misuse of the Platform.
The User may terminate his or her account at any time by written notice to the Company, subject to settlement of any outstanding obligations.
Termination shall not affect any rights or remedies accrued prior to termination.
7. Governing Law and Jurisdiction
In case of any dispute, controversy, or claim arising out of or relating to the use of the Platform, including any Booking made thereon, such dispute shall be governed and construed in accordance with the laws of India.
The courts at Jaipur, Rajasthan, shall have exclusive jurisdiction to adjudicate upon any such dispute, controversy, or claim.