Applicability

These Terms & Conditions of Use herein (hereinafter “User Agreement”) constitute the terms for the use of services facilitated by Rural Stay India (hereinafter “RSI”) for an individual.

Any individual (hereinafter "User") who inquires about or purchases any services of RSI through its website, mobile website, sales persons, offices, etc. (hereinafter collectively referred to as "Sales Channels") shall be governed by this User Agreement

User(s) must refer to the relevant Terms of Service applicable for the given accommodation as booked by her/him. Such Terms of Service shall be binding on the User.

Before using this Website and/or availing the services of RSI, Users must read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs the dealings and transactions of User with RSI.

All rights and liabilities of User and RSI with respect to any services or product facilitated by RSI shall be restricted to the ambit of this User Agreement.

Eligibility Of Use

User must be a major (18 years of age and above) and must possess the legal capacity (not barred by law to enter into such contract) to enter into an agreement so as to become a User and avail the services of RSI. If User is a minor (below the age of 18 years), s/he shall not register as a User of the Website and transact on RSI Sales Channels.

If a minor wishes to transact on RSI website and avail its services, such transaction shall only be made by a person of legal contracting age, i.e, legal guardians.

RSI reserves every right to terminate the membership of User and/or block access to Sales Channels if it is discovered that User is a minor and incompetent to contract as per law and/or the information entered with respect to age at the time of registration of account is false.

Website

User shall not distribute/exchange/modify/sell/transmit anything from RSI Website, including but not limited to any text, images, audio and video, for any commercial, personal or public purpose.

The registration process on RSI website requires the User to provide certain information that may or may not be personal in nature. Such fields may be mandatory or optional. User represents and warrants that all information supplied to RSI is true and accurate.

In its sole discretion, RSI reserves the right to terminate access to this Website and the services offered or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

RSI shall always make its best efforts to ensure that the content on its website or any of the Sales channels are free of viruses and/or any other malwares. However, any data or information downloaded or otherwise obtained through the use of any of the Sales Channel is done entirely at User's own discretion and risk. User(s) will solely be responsible for any damage to their computer systems/mobile phones and/or loss of data that may result from the download of such data or information.

RSI reserves the right to intermittently make changes and improvements in its Website at any time without a prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous,defamatory, obscene, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any provision of law at ruralstayindia@gmail.com

Upon receiving any such report, RSI reserves the right to investigate and/or take such action as the proprietorship may deem appropriate.

Content & Ownership

Every content provided through RSI website, including but not limited to audios, videos, images, software, text, icons and such similar content (hereinafter collectively referred to as "Content"), is registered by RSI and protected under intellectual property laws. User cannot use this Content for any purpose, except by following all instructions provided by RSI which will prescribe the way such User may use the Content.

RSI does not grant User a license, right or authority to use or utilize any proprietary logos, service marks, or trademarks of RSI in any manner. Unauthorized use of any Content will be in violation of the applicable law.

Liability

RSI acts as a mere facilitator by connecting the User with the respective hosts/owners/managers of accommodation (hereinafter “Service Providers”) of hotels, homestays, guest houses, tents, camps, houseboats, dormitories etc. (hereinafter collectively referred to as "Accommodation"). The liability of RSI is limited to providing the User with a confirmed or unavailable (in cases of fully occupied and/or booked) status of booking, as selected by the User.

The liability of RSI in cases of denial of check-in by an accommodation for any reason including but not limited to overbooking, system or technical errors, or unavailability of beds/rooms etc., shall be limited to either providing a similaralternate accommodation at the discretion of RSI (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues shall be directly resolved by the User with the accommodation.

Any issues/concerns faced by the User while availing any such services shall be the sole responsibility of the Service Provider. RSI will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

RSI assumes no liability for the standard of services as provided by the respective Service Providers. RSI provides no guarantee with regard to the quality of accommodation as represented. RSI doesn't guarantee the availability of any services as listed by a Service Provider.

While making a booking, User understands that RSI merely provides an online technological platform for booking accommodation services and the ultimate liability rests on the respective Service Provider and not RSI. Therefore the ultimate contract is between User and Service Provider

User further understands that the information displayed on the Website with respect to any accommodation gets displayed as furnished by the Service Provider. RSI, therefore, cannot be held liable if the information provided by the Service Provider is found to be inaccurate, inadequate, obsolete or in contravention of any laws, rules, regulations or directions in force.

Any variation that might exist between the website pictures and actual settings of the hotel shall be raised with the hotel directly, and shall be resolved between the User and the accommodation. RSI shall not take any liability for such discrepancies.

Payment For Bookings

Booking of an accommodation shall either be Prepaid, or by paying an Advance booking payment to RSI.In the "Prepaid" model, the total booking amount is paid by the User to RSI at the time of the transaction. In this model, no amount shall be paid by user to the Service Provider at any time during the stay.

In the "Advance booking" model, part payment of the total booking amount is paid by User at the time of booking. The remaining amount is paid by User to RSI at the time of check out, or before that.

In both models, the total booking amount includes the hotel 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 RSI.

In either mode opted by User, payment of the booking amount to RSI does not ascertain a confirmation of the booking. A confirmed booking shall only be ascertained at the time the User receives a confirmation intimation message from RSI.

In cases of occupancy, technical, communicational, or any other issues with the service provider, the booking amount, to the extent paid by User, shall be refunded to the source of payment within 7 business days.

In cases of cancellation of the booking by User, the booking amount shall not be refunded in any case. User is advised to go through the Cancellation & Refund Policy before making a transaction on RSI.

Additional Charges By Accommodation

The booking amount paid by the User covers and constitutes only the stay at the accommodation. Bookings at some accommodations may include meals as specified at the time of booking, before the completion of transaction. Facilities and/or amenities, if availed, including laundry, room service, internet, telephone,extra food, drinks, beverages etc. (not specified in the booking confirmation voucher) shall be paid by the User directly to the Service Provider.

Responsibility

The User would be liable to compensate for any damage(s) caused by any wilful/negligent act of him/her/or their accompanying guests to any property of an accommodation in any manner whatsoever. The extent and the amount of the damage so caused to the property of the accommodation shall be determined by the concerned Service Provider. RSI would not, in any way, intervene in the same.

User shall need to carry valid identity proof and address proof while checking in. The accommodation shall be within its rights to deny check-in to the user if a valid identity proof is not shown at the time of check-in.

The check-in and check-out time and any changes in those timings, shall be as per the accommodation policies and rules. Early check-in or late check-out requests are subject to availability and the user might be charged an additional fee for the same.

Users are hereby advised to go through the description and amenities details of the respective accommodation carefully before making a booking. User(s) agree to be bound by all the rules and conditions as contained in booking confirmation and/or the confirmed booking voucher. These conditions are to be read in consonance with the User Agreement.

If any User intends to make a booking on behalf of another person, it is the responsibility of the User to inform such person about the terms of this User Agreement, including all rules and restrictions which are applicable thereto.

The User agrees to abide by all procedures and guidelines, as modified from time to time, in relation to the use of the services available through Sales Channels. The User further agrees to abide by all applicable laws & regulations, orders, directions etc. issued by the Central Government, State Government, District Authorities or any otherstatutory body empowered to do so with respect to the use of services or for each transaction.

RSI, in its sole discretion, may change the features or functionality of the services being provided at any time, without any prior notice. RSI 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 the User obtains from RSI or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User(s) also authorize RSI’s representative to contact such user over phone, message and email.

Security And Account Related Information

Upon registering on RSI Website, User will need to create a password to access the account and only the concerned User shall be responsible for maintaining the confidentiality of the username, the password and all activities of the account.

RSI shall not be held liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User agrees not to use anyone else's account at any time.

It shall be the User’s duty to notify RSI immediately in writing of any unauthorized use of their password or account or any other breach of security.

User understands that any information that is provided to RSI Website may be read or intercepted by others due to any breach of security at the User's end.

In compliance with the applicable laws, RSI secures all the data in relation to sensitive information of credit card, debit card, bank details etc. in an encrypted form.

RSI adopts and keeps the best industry standard to secure the information as provided by the User. However, RSI does not guarantee that there will never be any security breach of its systems which may affect the User's information as well.

The User’s data as available with RSI may be shared with concerned law enforcement agencies for any investigation purpose without consent of the User.

Fees

RSI retains the right to levy additional fees owing to convenience fees and/or service fees. RSI further holds the right to alter the fees at any time. Such additional fees will be displayed to User before completing any transaction and collecting the payment from such User.

Any increase in the total price charged by RSI on account of change in rate of taxes or imposition of new taxes levied by the Central or the respective State Government shall be borne by User. Such imposition of taxes might be without prior notice and/or could be retrospective but shall always be as per applicable law.

If a booking does not get confirmed due to occupancy unavailability, unavailability of Service Provider or for any other reason whatsoever, RSI will process the refund of the advance booking amount or the total booking amount paid by User and inform the User about the same. RSI 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 fresh transactions. Any applicable refund will be processed as per the defined policies of the service provider and RSI as the case may be.

The User shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.

The User agrees and understands that all transactional payments shall only be made to the official bank account linked to the RSI website. RSI or its agents, representatives or employees shall never ask any User to transfer money to any private account or to an account not held in the name of RSI. The User agrees that if s/he transfers any amount against any booking or transaction to any bank account not legitimately held by RSI or to any personal account of any person, RSI shall not be held liable for the same. User shall not hold any right to recover from RSI any amount which is transferred by the User to any third party.

User must not share personal and 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 RSI. The User shall immediately inform RSI if such details are demanded by any of its agents' employees or representatives. RSI shall not be held liable for any loss that the User incurs for sharing the above mentioned details

Refunds, if any, on cancelled bookings due to occupancy unavailability, unavailability of Service Provider or for any other reason on part of RSI will always be processed to the bank account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.

Booking(s) made by the User through RSI are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.

Collection Of Communication Details Of User By Rsi

RSI sends payment confirmation, booking confirmation, cancellation, refund status, changed schedule, pending or failed bookings and/or any such other information relevant for the transaction or booking made by the User.

The communication shall be made via SMS/internet-based messaging applications like WhatsApp/voice call/email or any other alternative communication detail provided by the User at the time of booking.

User hereby consents that such communications are upon the authorization and request of User and are 'transactional' and not an 'unsolicited commercial communication' according to the guidelines of Telecom Regulation Authority of India (TRAI).

The User agrees to compulsorily indemnify RSI against all types of losses and damages incurred by RSI due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on RSI with respect to the communications mentioned above or due to incorrect information provided by the User for any reason whatsoever.

Insurance

Obtaining sufficient insurance coverage is the obligation of the User and in no case RSI shall accept any claims arising out of such scenarios.

Force Majeure Circumstances

There are exceptional circumstances where RSI may be unable to honor the confirmed bookings due to a number of Force Majeure happenings (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 RSI. User agrees that RSI being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure happening.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (network downtime, disconnection with third party platforms such as payment gateways and/or banks) or any other similar failures, RSI’s obligation shall be limited to refunding the booking amount, if any, received from the customer.

Such refund shall completely discharge RSI from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne from User’s end.

In no event shall RSI 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 the usage or performance of RSI Website.

Rights To Refuse

a) Right to Refusal by RSI:

User agrees and understands that RSI does not provide booking confirmation details with respect to any service till such time the complete or the advance booking consideration is received from User and, at its sole discretion, RSI reserves the right to not accept any booking without assigning any reason thereof.

Apart from other remedies and recourse available to RSI under this User Agreement and under applicable law, RSI holds the rights to limit the User's activity, immediately suspend/terminate the User's registration, or refuse to provide the User with access to RSI Website if:

-The User breaches any part of the Terms of Service mentioned in the User Agreement; or

-RSI is unable to verify or authenticate any information provided by the User; or

-RSI believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for RSI, the User or other users of RSI.

Once a User has been suspended/terminated, such User shall not register or attempt to register with RSI with different credentials, or use the Website in any manner whatsoever until reinstated by RSI. RSI may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, RSI reserves the right to recover any amounts due to be paid by the User to RSI, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to RSI which is, or communicate with RSI using language or content which is abusive, threatening, offensive, defamatory, coercive, obscene, vulgar, pornographic, illicit or otherwise objectionable; contrary to any applicable law; violates the intellectual property rights of third parties; a spam; or in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, RSI shall be at liberty to take appropriate legal action against the User.

b) Right to Refusal by Service Provider:

User agrees and understands that that any Service provider may refuse to provide the accommodation service(s) agreed to be provided to the User, for any booking made through RSI with/without assigning any reasons or owing to reasons including but not limited to occupancy unavailability, public safety, health hazards, infectious diseases, government orders or notifications etc.

In such scenarios, the ensuing liability shall solely vest with the service provider as such instances do not fall within the purview of RSI and the User agrees that any claim, refund or damages against such refusal shall lie solely against the service provider and not RSI.

Unmarried/unrelated couples may not be allowed check-in by some Service Providers as per their policies. Similarly, services might be denied to guests posing as a couple if suitable proof of identification is not presented while checking in. Additionally, some accommodations may not allow local residents to check-in.

RSI will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of RSI. No refund shall be initiated by RSI in case the hotel denies check-in under aforesaid circumstances.

Right To Cancel

User shall provide RSI with only the correct and valid information while registering and making use of RSI website and shall not make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from RSI.

In case RSI discovers or has reasons to believe at any time (during or after receiving a request for services from User) that a request for services is either unauthorized or the information provided by the User about himself and/or any of the travelers is incorrect/misleading, RSI shall be entitled to appropriate legal remedies against the User including, but not limited to, cancellation of the bookings without any prior intimation to the User.

In such an event, RSI shall not be responsible or liable for any loss or damage which might be caused to User or any other person in the booking, as a consequence of such cancellation.

The User shall not hold RSI responsible for any loss or damage arising out of measures taken by RSI for safeguarding its own interest and that of its genuine customers. This includes RSI denying or cancelling any bookings on account of suspected fraud transactions.

Phishing, Spamming And Other Fraudulent Activities

RSI’s employees or authorized representatives will never contact any User asking for his/her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc., or requesting for a transfer of funds to a personal/individual bank account. Acting on any of these requests shall make you a victim of fraud, which might potentially lead to loss of your valuable money or information.

If you are ever asked for any of the aforesaid information, please report it immediately at ruralstayindia@gmail.com

Indemnification

The User agrees to indemnify, defend and hold RSI harmless and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, or result from, or payable by virtue of, any breach of any representation or warranty provided by User, or non-performance of any provision of the User Agreement by the User.

UPI Related Terms & Conditions

RSI acts as a Third Party Application Provider (TPAP) under UPI.

RSI is a TPAP authorized by NPCI to facilitate payments through PSP Bank(s). For this purpose HDFC Bank shall act as the PSP. RSI is a service provider that participates in UPI through the PSP Bank.

Through the agreement entered into between RSI, HDFC Bank and NPCI, RSI shall facilitate grievances, complaints and provide resolution to the customers using our UPI application

RSI shall act as the first point of contact for all UPI related grievances/complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to HDFC Bank, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

Miscellaneous

SEVERABILITY: If any provision of this User Agreement is deemed to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Haryana, India.

AMENDMENTS: RSI reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by RSI as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

FEEDBACK FROM CUSTOMER: RSI would like to know the feedback of the Users for improving its services. The User hereby authorizes RSI to contact the User for their feedback on various services offered by RSI. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to RSI for specific exclusion at ruralstayindia@gmail.com.

PRIVACY POLICY: User shall also refer to RSI’s Privacy Policy available on RSI's website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by RSI and its affiliates in accordance with the terms of the Privacy Policy.

GRIEVANCE REDRESSAL: RSI strongly believes in resolving the issues raised by the User(s). In the event if the user feels that his/her concern has not been resolved to its satisfaction, User may contact at ruralstayindia@gmail.com. We shall endeavor to redress the concern within 30 days from the date of escalation.

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