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Property Listing - Terms and Conditions
VELVETT HOMESTAYS, including successors and permitted assigns, from now on, referred to as US, has it's office at Vikas Centre, 2nd Floor, 106, S. V. Road, Santacruz (West), Mumbai – 400 054, Maharashtra, India and is engaged in the business of owning and operating an e-commerce platform currently through its website www.velvetthomestays.com (E Platform), through which it allows, amongst others, hotels, guesthouses and homestays to list their properties and facilitates end-users to make accommodation bookings/reservations at such properties.
By accepting these TERMS AND CONDITIONS, YOU, warrant that you are over eighteen years of age and that you are the owner and/or the authorised representative of the owner of the guesthouses, residential place and other properties etc. which you allow and require to be listed by the US on our E-Platform, and permit end-users to make bookings/reservations at your properties in accordance with the following terms and conditions:
- By making a booking/reservation at YOUR Property through the E-Platform, the Customers enter into a direct contract (to which WE shall not be a party) with YOU (Booking Contract); and
- YOUR Property Information, Cancellation Policy, Other Terms and Conditions and any other information provided to the Customer through the E-Platform at the time the booking/reservation is concluded on the E- Platform, and (ii) the tariff (and applicable taxes) quoted (based on the Tariff provided by YOU) on the E-Platform at the time the booking/reservation is concluded on the E-Platform, shall constitute an integral part of the Booking Contract and YOU shall be bound by the same.
- The time for which a property will be listed is continuous for one year from the acceptance of these terms and conditions, which will automatically be renewed, unless a written 30 days notice has been given at the end of the year for termination by either parties.
- In case of termination of the listing, if any amounts are due from YOU to US i.e. US, then YOU shall pay such amounts to the US within 15 (fifteen) days from the date of termination of the listing. Any termination of the listing shall not affect the rights or liabilities of either party that have accrued prior to such termination
WE will provide following services:
- 5.1 Listing places in US database and on US website.
- 5.2 Intermittent advertising campaign(s) with High quality digital photos etc.
- 5.3 Basic preliminary applicant screening, collecting E-copies of identity documents like Pan Card, Aadhar Card, voter ID etc. for verification.
- 5.4 Collection of full rental and transferring to owner
- 5.5 US has the right to visit the properties and YOU must grant access for these visits.
6.1. Provide US through website, mobile App or as US may otherwise direct for publication on E-Platform :
- (i) Detailed descriptions of each of YOUR properties and amenities/facilities (both in-room and common amenities/facilities) available at the YOUR properties.
- (ii) The tariffs (including taxes, levies, any other charges etc.) applicable to each accommodation category for reservations/bookings at YOUR properties made on the E-Platform.
- (iii) Other terms and conditions applicable to reservations/ bookings at YOUR properties made on the E-Platform.
- (iv) In case of any change in YOUR Information, YOU shall promptly (and no later than 24 hours from the time of such change) update the Information published on the E-Platform.
- (v) At each of the YOUR Properties, make available for reservation on the E-Platform, each category of accommodation at same or lower tariffs than and on equivalent or better terms and conditions than those made available by YOU through any other platform or otherwise to any of its customers.
- (vi) Not charge any extra amounts (including taxes) other than those that have been specified to the Customer through the E-Platform (excluding, for the avoidance of doubt, any charges for additional services and facilities (not specified at the time of the booking) made available and used by the Customer or the guests visiting YOUR Properties pursuant to the booking made through the E-Platform).
6.2. YOU have the obligation to inscribe the property at the ANDALUCIAN TOURISM REGISTRY or any other equivalent, in Andalucía or any other place, and to fulfill the legal requirements of touristic rentals of whichever kind. YOU must provide US the CODE of Registration before the Tourism Registry or any other equivalent to be included in the publicity.
YOU have the obligation of obtaining all necessary local permissions/licenses that may be required by the authorities responsible for your local area, wherever in the world that may be. At no point is the US responsible for any lapse that occurs in YOUR not taking the applicable permissions/licenses to be able to operate your properties as a Homestay, whether in Spain or in India. Any data that needs to be listed and/or displayed on our website by US as per the local regulations shall be provided by you.
- 6.3. YOU undertake to personally verify the credentials of the guests/customers before checking in. It is YOUR sole responsibility to take photo-copies of all the documents relating to name and residential proofs and verifying the same with the originals for all purpose.
- 6.4. At your own respective cost and expense, execute and do (or procure to be executed and done by any other necessary party) all such deeds, documents, acts and things as may be required from time to time or as may be necessary to give full effect to the listing or for performance of its obligations under the listing terms & conditions or for compliance with the provisions of Applicable Law.
- 6.5. At your own respective cost and expense, execute and do (or procure to be executed and done by any other necessary party) all such deeds, documents, acts and things as may be required from time to time or as may be necessary to give full effect to the Listing or for performance of its obligations under the listing terms and conditions or for compliance with the provisions of Applicable Law.
- 6.6. YOU shall opt for one or more of the cancellation policies applicable to all bookings at YOUs Properties made on the E-Platform.
- 6.7. YOU may at any time change the Tariffs, Other Terms and Conditions and/or Cancellation Policy (by opting for another cancellation policy provided by US). For the avoidance of doubt, it is clarified that any bookings made through the E-Platform before YOU change such information and the said changes are reflected on the E-Platform, shall be on the existing (unchanged) Tariffs, Other Terms and Conditions and/or Cancellation Policy, as the case may be, and YOU shall be bound to honour the same on such existing (unchanged) terms.
- 6.8. YOU shall be solely responsible for the correctness and accuracy of ; (a) the Properties Information and any other information, content and/or images provided/updated by YOU to US (through the Website, Mobile App or otherwise) and (b) the information published by YOU on its own website, publicity material or elsewhere regarding YOU’s Properties (Owner Published Information) and US shall not be responsible for any such Provided Information and YOU Published Information (or inaccuracies therein). Without prejudice to the above, WE may in our sole discretion collect/obtain YOUR Published Information and publish it on the E-Platform, unless contrary provisions. YOU shall be solely responsible for maintenance of the Property/properties as mentioned in the E-Platform and YOU also are solely responsible for the facilities to be provided to the guests as mentioned in the E-Platform.
- 6.9. YOU have the right to make background checks on the guests, as far as applicable law allows them to.
- 6.10. The acceptance of these terms and conditions mean that you are the owner of the property or the authorised representative of the owner of the property subject to listing. YOU shall prove US ownership of the property in case of conflict. YOU shall provide the bank account to receive the monies from the booking.
- 6.1. Provide US through website, mobile App or as US may otherwise direct for publication on E-Platform :
PRICE, PAYMENT AND COMMISSIONS
- 7.1. YOU agree to pay US i.e. US a rental fee commission of 20%.
- 7.2 Three working days after the guest check-in, WE will transfer the price agreed to YOUs bank account, minus the agreed commission.
- 7.3 In the case it's YOU who receives the monies entirely/directly, YOU shall transfer the agreed commission to the OUR account in the same period of time.
- 7.4 YOU shall be liable for and bear all direct and indirect taxes, cess, levies or any other charges levied by any government authority on the amounts received by YOU under or pursuant to these terms and conditions.
- 7.5.Without prejudice to OUR other rights under these terms and conditions, in case any amounts are due from YOU to US under the listing and are not paid by YOU OR IN YOUR NAME within the time period prescribed under the listing terms and conditions, WE can claim from YOU an interest on such unpaid amount for the duration of the delay at the interest rate of 6% per annum basis.
- 8.1 YOU shall indemnify and hold US harmless, as well as our affiliates, employees and/or representatives from and against any losses suffered or incurred by US and/or such affiliates, employees and/or representatives in connection with any action, suit, proceeding, claim or demand, which directly or indirectly arises from or relates to any action or omission under, in connection with or pursuant to the listing terms and conditions, except in case of our own wilful misconduct or gross negligence.
- 8.2 WE do not hold liabilities for any damage that the property may suffer.
- 8.3 OUR liability under the listing terms and conditions is limited to the payments to be made by the US to YOU in accordance with Clause III and the WE disclaim all warranties, express or implied, with respect to the obligations performed under these terms and conditions.
- 8.4 YOU shall indemnify and save US harmless from any and all costs, expenses, attorney’s fees, suits, liabilities, damages from or connected with the renting of the property by US, or the performance or exercise of any of the duties, obligations, powers, or authorities herein or hereafter granted to agent.
In case of any complaint/grievance from the Customers/Guests, WE shall have the option to (but not an obligation) to intervene and assist in resolving any such grievance/complaint and where WE intervene to resolve any such grievance/complaint, OUR decision regarding the resolution of such grievance/complaint shall be final and binding on YOU.
YOU shall not, without OUR prior written permission, directly or indirectly disclose or cause to be disclosed any Confidential Information to any third party except as may be necessary in the performance of its obligations hereunder or to its employees or advisors on a need- to-know basis or as may be required by Applicable Law. “Confidential Information” for the purposes of the listing terms and conditions means all information and data which is either directly or indirectly disclosed to YOU by US (through the Website, Mobile App, or otherwise)
Any waiver should be in writing and be signed by both the parties.
Disputes, Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction in respect of any matter under these terms and conditions. In the first instance, any dispute between the Parties under these terms and conditions shall be resolved by mutual discussions and negotiations.
- By accepting these terms and conditions YOU accept the entire lot of them. Any modification(s) made to these as far as possible shall be intimated to you email. However, the modified terms and conditions shall at all times be available on our website and be fully accessible by YOU; and at all times it shall be your responsibility to stay abreast of the most recent terms and conditions and be aware of the same.