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Applicability
You are reading these terms (“Terms”) because you are using a Zenaway Stays Private Limited website, micro-site, digital experience, social media platform, mobile application, or one of Zenaway’s other products or services, all of which are part of the Zenaway Stays Private Limited’s Platform(“Platform”).
These Terms constitute a legally binding agreement between you (“you”, “user” or “guest”) and Zenaway Stays Private Limited (“Zenaway", “ZSPL”, "we", or "us") with respect to your use of the Platform including any Content (defined hereinafter). If you do not agree to these Terms, please do not use or access the Platform for any purpose.
Additional policies, terms, and conditions applicable to certain products and services, specific areas of certain platforms, or to particular content or transactions, may also be posted in particular areas of the Platform and, together with these Terms, govern your use of those areas. All such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Platform will be controlled with respect to those particular areas. ZSPL reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on the Platform.
Except where additional terms and conditions are provided, these Terms supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by ZSPL.
Your use of the Platform is subject to our Privacy Notice located at www.zenaway.in/privacy-policy incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by ZSPL. We reserve the right to make any changes to our Terms and/or our Privacy Notice (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our Terms and Privacy Notice from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Privacy Notice and you continue to use our Platform, you are impliedly agreeing to the revised Terms and Privacy Notice expressed herein.
Eligibility, Account Registration, Using the Platform
Only persons who can enter into legally binding contracts under the Indian Contract Act, 1872 can use and/or transact on the Platform. The Platform is freely accessible. All registration information must be correct, complete and promptly updated by you each time it changes. You will be responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify ZSPL of any unauthorized use of its account information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. ZSPL cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by ZSPL or any other customer or visitor to the ZSPL Platform due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
We want to provide the best possible online experience to you. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Platform, or which impacts the security of the Platform, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Platform, or to copy content from the Platform. We reserve the right to immediately bar access to the Platform and close your account if you violate this provision or any other provisions in these Terms.
Content
All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Platforms is the sole responsibility of the person from whom such content originated. All such information is referred to as “Content”.
All Content may be protected by intellectual Property rights which are owned by ZSPL or other third parties who provide that Content to ZSPL (or by other persons or companies on their behalf). You may not use, edit, modify, assign, licence, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically permitted to do so by ZSPL or by the owners of that Content, in a separate written agreement.
ZSPL respects the intellectual Property rights of others. If you notice any act of infringement on the Platforms, you are requested to send us a written notice/ intimation which must include the following information: 1. Clear identification of such copyrighted work that you claim has been infringed; 2. Location of the material on the Platforms, including but not limited to the link of the infringing material; 3. The proof that the alleged copyrighted work is owned by you; 4. Contact Information
The inclusion of any products or services on the Platform at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue them at any time.
TERMS APPLICABLE TO GUESTS
Guest Responsibility
You are advised to check the description of the services and products carefully before making a booking. You agree to be bound by all the conditions as contained in these Terms in consonance with any other terms and conditions that may apply. If you intend to make a booking on behalf of another person, it shall be your responsibility to inform such person about the Terms, including all rules and restrictions applicable thereto. You further warrant that you will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction.
The services are provided on an "as is" and "as available" basis. We may change the features or functionality of the services being provided at any time, at our sole discretion, without any prior notice. ZSPL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which you obtain from ZSPL or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
You also authorize ZSPL’s representative to contact you over phone, message, WhatsApp and email. This consent shall supersede any preferences set by you through national customer preference register (“NCPR”) or any other similar preferences.
Booking Policy
Booking Confirmation
Booking is confirmed only after 100% payment is received by ZSPL. Once confirmed, ZSPL shall send a booking confirmation voucher to the guest by email, WhatsApp or any other electronic means, which entitles the guest to check-in into the booked property (“Property”) on the dates confirmed (“Booking Confirmation Voucher”). Please note, guests will not be allowed to check-in into the Property unless a Booking Confirmation Voucher is issued by ZSPL.
Changes to Bookings
ZSPL will do its best to accommodate any reasonable modifications or changes, but the guest should be aware that some changes may not be possible while others may be additionally chargeable. Note: for a shortening of stay for any reason whatsoever, the terms for cancellation policy will be applicable.
Cancellation Policy
If a guest wishes to cancel a booking made on or after 1st January 2024, the following cancellation charges will apply:
All bookings made for long weekends and for public holidays are completely non-refundable, non-cancellable and non-amendable. Any cancellation or amendment of such bookings will result in forfeiture of the entire advance amount and ZSPL will not be liable to render any services against the forfeited advance.
Check-in and Check-out Policy
1. Check-in (start of Booking) time: 1500 Hrs; Check-out (End of Booking) time: 1100 Hrs.
2. Guests will not be permitted to occupy the Property before the check-in time stated in the Booking Confirmation Voucher or stay at the Property beyond the check-out time stated in the Booking Confirmation Voucher, unless confirmed by ZSPL in writing.
3. If you expect to arrive earlier in the day and would like immediate access to the Property, we recommend booking the Property for the prior night. Similarly for late departures, reserving an additional night will guarantee access to the Property until you depart.
4. Requests for early check-in or late check-out would be subject to availability of the Property and at the sole discretion of ZSPL. If an early check-in or late check-out is confirmed by ZSPL in writing, such early check-in or late check-out may incur additional charges at the sole discretion of ZSPL.
Refund Policy
Refunds will be provided only for bookings where the complete amount has been paid. If a partial payment has been made, no refund will be provided.
All refunds will exclude service costs and taxes which were charged at the time of booking.
Unavoidable Circumstances
In the event ZSPL is unable to honour the booking due to unavoidable circumstances, the guest would be provided one of the following two options: 1) ZSPL will book an alternative comparable Property, or 2) refund or credit the amount paid by the guest as per the Refund Policy detailed in the previous section.
Pricing
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, ZSPL reserves the right to deduct, charge or claim the balance amount from the guest and the guest shall pay such balance amount to ZSPL. In cases where the short charge is claimed by ZSPL prior to the check-in date stated in the Booking Confirmation Voucher, ZSPL will be at liberty to cancel such bookings if the amount is not paid before the check-in date stated in the Booking Confirmation Voucher.
Any increase in the price charged by ZSPL on account of change in rate of taxes or imposition of new taxes and levies by Government, if applicable to the booking made by the guest, shall have to be borne by the guest.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, ZSPL will process the refund of the booking amount paid by the guest and intimate the guest about the same. ZSPL is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of ZSPL.
The guest shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
Price Fluctuation
The price at which the guest made the booking would prevail even if ZSPL changes the price on its platform after the guest’s booking has been confirmed. No refunds will be made for any price change including rate fluctuations that would otherwise alter the rental cost. ZSPL reserves the right to collect any taxes or other charges which may be imposed by any government or other regulatory body, which were unknown at the time of publishing. ZSPL will inform the guest in the unlikely event that it becomes aware that any taxes or charges will apply to the guest’s booking.
Payments
The guest agrees and understands that all payments shall only be made to bank accounts of ZSPL or its agents, representatives or employees shall never ask a guest to transfer money to any private account or to an account not held in the name of ZSPL.
The guest agrees that if that guest transfers any amount against any booking or transaction to any bank account that is not legitimately held by ZSPL or to any personal account of any person, ZSPL shall not be held liable for the same. The guest shall not hold any right to recover from ZSPL any amount which is transferred by the guest to any third party.
The guest will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of ZSPL.
The guest shall immediately inform ZSPL if such details are demanded by any of its agents' employees or representatives. ZSPL shall not be liable for any loss that the guest incurs for sharing the aforesaid details. Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking. Booking(s) made by the guest through ZSPL are subject to the applicable cancellation policy as set out on the ZSPL or as communicated to the customers in writing.
Right of Admission and Possession of the Property
In case of any booking, it is stated and accepted by the guest that the guest shall not be in possession or claim to be in possession of any of the properties booked by him or her at any time whatsoever. The guests shall not be allowed to check-in into the Property before or at the time of check-in unless they comply with all the requirements as prescribed. In case the guests do not comply with the prescribed requirements, no refund against deposits paid by guests or compensation of any other kind or of whatsoever nature or amount shall be claimable by guests or due or payable by ZSPL or owner to guests or to anyone else.
In case ZSPL comes across any incorrect and misrepresented information provided by the guest at the time of booking or at any time thereafter, ZSPL shall forthwith revoke the booking and the guests shall be refused entry to the Property. If the guest along with other parties has already checked-in, they shall be evicted from the Property by ZSPL or by the owner or any of the representatives of ZSPL or the owner. In such case the guest shall not be refunded any deposits/ advance or paid any compensation of any kind or nature by ZSPL or owner of the Property.
The total number of guests along with visitors of the guests shall not, at the time of check in and/or during their stay at the Property, exceed the number as stated in the Booking Confirmation Voucher. ZSPL reserves the right to refuse check-in or evict guests from the Property if the check–in has already been made, without any recourse whatsoever to refund of deposits/advance paid by the guest or payment compensation of any kind or nature or on any account whatsoever by ZSPL. ZSPL may permit, at its sole discretion, additional guests on charging an additional amount. No additional guests will be allowed unless a written acceptance is issued by ZSPL.
Damage or Losses
The guests shall be responsible to check and report any damage to the Property or its equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, etc. therein, within 30 minutes of check-In. If the guests fail to report any of the damages after such specified time period, such damage shall be deemed to have occurred during stay of the guests and the guests shall be held responsible for such damages and resulting charges thereof. guests shall be responsible to reimburse ZSPL for any such damage/ breakage caused by the guests to the Property or any of things attached to it such as equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, etc. during their stay without demure.
Guests shall use the Property, including its equipment, appliances, cutlery, crockery, utensils, furniture, fittings etc. therein with utmost care and without causing any intentional, unintentional or accidental damage to them. At the time of check-out, the guests shall leave the Property in good order and reasonably clean condition except normal usage. The guests shall agree and understand that in case any damage or breakage is caused to a single item forming a set unless an identical replacement can be found, guests shall be liable to replace the entire set. For example, if a glass in a set of 6 glasses is broken / chipped, the guests shall be responsible to replace all 6 glasses of the set; if upholstery of a sofa is damaged, the guests will be responsible for replacement of upholstery of all the sofas. Further, ZSPL shall get such repairs/replacement of damages done on behalf of the guests, at the sole cost and expense of the guests.
Without prior consent of ZSPL, the guests shall not move or relocate any equipment, appliances, furniture, fittings, furnishing, finishing and artifacts etc. from their original location except for chairs, other furniture like cane / plastic furniture etc. Any act of such nature may result in forfeiture of total Security Deposit without recourse. The guests understand and agree that ZSPL cannot immediately inspect the Property promptly at the check-out time of the guests. The inspection for damages shall be done by ZSPL in the intervening time between guests’ Check-Out and next Check-In. After the inspection, the assessed cost of repairs / replacement shall be communicated to guests for their information. The assessment cost of repairs / replacement arrived at by ZSPL shall be final and binding on the guests and the guests shall have no say in the matter and ZSPL shall have no obligation to take any prior approval from the guests for its assessment of repair/ replacement to be done.
The amount of repair/ replacement of equipment, appliances, furniture, fittings, furnishing, finishing and artefacts etc shall be notified to the guests, and the guests shall be liable to pay the same, without demure, within 7 (seven) days of such demand being raised by ZSPL. The guests understand and agree that they shall leave and check out from the Property in a reasonably clean state and make sure that appliances & equipment e.g. air conditioning, heater, lights, fans etc. are turned off and furniture returned to their original locations. Failure to comply with the above shall result in extra cleaning charges plus applicable taxes.
Access
The Property and its facilities are available for the guests’ full enjoyment during the Rental Period. However the staff and contractors may need access to the Property from time to time (e.g. for maintenance purposes to the house, garden, swimming pool, utilities and services, or for the purposes of providing additional services requested by the guests, etc.). The guests are required to give them reasonable access to the Property as and when required.
Use of Property
ZSPL’s properties are located in quiet residential areas or estates, and are subject to rules and regulations regarding their use. All bookings are assumed to be made for holiday purpose only, and the guests agree that the use of the Property will be limited to this purpose unless otherwise confirmed by ZSPL in writing.
Conduct and Due Care
ZSPL’s properties are located in quiet residential neighbourhoods. The guests are asked to respect this, and ensure that all guests and visitors to the Property behave appropriately. Illegal or immoral activities including gambling, prostitution, prohibited drugs, possession or use of pyrotechnics or dangerous goods, and possession or use of firearms and other weapons are all strictly prohibited.
The guest is responsible for the behaviour of all the guests staying at the Property, as well as the visitors to the Property during the rental period. In case any guest(s) or visitor(s) does not behave in a suitable manner, ZSPL may, in its absolute discretion, require the guest, their party and/or visitor(s) to leave the premises and/or vacate the Property immediately, without compensation or refund.
In the interests of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be provided around the pool and while using any other facility at the Property. The guests are required to respect our staff / attendants. Disrespecting them would have serious repercussions. Smoking is prohibited in our homes. Loud music will not be allowed beyond time permitted by applicable laws.
Valuables and Security
The guest’s valuable belongings are the guest’s own responsibility. ZSPL does not take any responsibility for loss or damage to guest’s valuable belongings. The guest is responsible for the Property during the rental period, and must ensure that all windows and doors are locked securely when not in the Property. Any act or omission by the guest, their party and/or visitors which may negate or prejudice the Property’s insurance policy and/or results in loss or damage shall be the guest’s sole responsibility.
Complaints
Every attempt will be made for the guest to have an enjoyable stay. If a guest encounters a problem during the Rental Period, the guest must inform ZSPL who will then endeavour to address the problem. In order for the guest’s complaint to be addressed, the guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, ZSPL will assume that the Property was to the guest’s satisfaction and no complaint will be entertained afterwards.
ZSPL’s Responsibility
The descriptions, assessments and/or ratings of its properties and surrounding locations that ZSPL publishes or gives to the guest are provided in good faith and in the belief that they are accurate based on the latest information received. However, ZSPL cannot be held responsible for any last-minute modifications to the properties or any inaccuracies. Where ZSPL publishes or refers to descriptions, assessments and/or ratings of the Property either by ZSPL or by third parties, these ratings are for information purposes only and ZSPL will not be held responsible for any reliance placed on these ratings.
Limitation of Liability
In no case will ZSPL be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.
Government Issued Identity Documents
In compliance to the Government security regulations, every guest aged 18 years or more coming to reside at the Property as a result of rental arrangements, is mandatorily required to provide verifiable copies of government issued photo IDs, along with original photo IDs for verification as well as copies of photo ID’s of entire party, at least 7 days before check-in.
Disclaimer of Warranty
Use of our Platform is at your sole risk. All information, listings and services are provided 'as is', with no warranties or guarantees whatsoever. ZSPL expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations. Without limitation, ZSPL makes no warranty or guarantee that (i) the Platform will be uninterrupted, timely, secure or error free (ii) the results that may be obtained from the use of the Platform, or Services will be effective, accurate or reliable; (iii) the quality of the Platform, or Services will meet your expectations; or that (iv) any errors or defects in the Platform or Services will be corrected. Information on our Platform, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while ZSPL makes its best effort to ensure accuracy of the information, data and general content, our Platform may contain technical inaccuracies or typographical errors. ZSPL assumes no responsibility for updating information on the Platform to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, listings / accommodation(s) or other matters mentioned on the Platform. No advice or information, whether oral or written, obtained by you from ZSPL or through or from use of the Platform shall create any warranty not expressly stated in the terms of use. ZSPL shall have no liability to the user for any interruption or delay, to access the Platform irrespective of the cause. The user hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on the Platform. It is the user’s responsibility to check the details of the accommodations listed on the Platform.
Indemnity
To the maximum extent permitted by applicable law, you agree to release, defend (at ZSPL’s option), indemnify, and hold ZSPL and its affiliates and subsidiaries, including but not limited to ZSPL, and their officers, directors, employees, staff, representatives and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the ZSPL Platform or any ZSPL goods and/or services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise)of any kind arising in connection with or as a result of such use, or (iv) your breach of any laws, regulations or third party rights.
Termination
You understand and agree that ZSPL reserves the right to terminate your registration and / or terminate your right to use the Platform for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Notice or of these Terms. You further understand and agree that any such termination may be effected without prior notice to you and you acknowledge and agree that ZSPL may delete or deactivate your account immediately on detecting any such reason, including without limitation, the contravention of the Privacy Notice or of these Terms.
Applicable Law, Jurisdiction, Dispute Resolution
These Terms are subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Goa. Notwithstanding the foregoing, you and ZSPL agree that any dispute, claim or controversy arising out of or relating to these Terms or (collectively, "Disputes") will be settled by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. Any such Dispute shall be decided by a sole arbitrator to be appointed by ZSPL. The arbitration shall be conducted in Goa, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of arbitration shall be English.
Miscellaneous
Waiver: ZSPL’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Severability: If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or un-enforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Assignment: You may not assign, transfer or delegate this agreement and your rights and obligations here under without ZSPL 's prior written consent. ZSPL may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with prior notice. Your right to terminate these Terms at any time remains unaffected.
Confidentiality: Any information which is specifically mentioned by ZSPL as confidential shall be maintained confidentially by the guest and shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties herein.
Feedback From guest: ZSPL would like to know the feedback of the guests for improving its services. The guest hereby authorizes ZSPL to contact the guest for their feedback on various services offered by ZSPL. Such feedback may be collected through emails, telephone calls, SMS, WhatsApp or any other medium from time to time. In case the guest chooses not to be contacted, such guest shall write to ZSPL for specific exclusion.
