(a) You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.Choosevilla.com (the "Website")
(b) The website www.Choosevilla.com(hereinafter referred to as "Choosevilla"), owned by B.M. Hotels Private Limited, a Private registered company in India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Websiteor avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Websiteis conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
a. "We", "Us", "Our","Choosevilla"shall mean the Website/the portal or the Company.
b. "Agreement" shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
c. "You"or "User" shall mean any natural or legal person who has agreed to become a user of the Choosevillaby signing up to the Website. The Choosevillaalso provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
d. "Customer" or "Guest" shall mean any User who shall utilizeChoosevillato request for obtaining on rent any Villa being given out by the House Owner. From time to time, Choosevillamay act as a Customer, and the terms and conditions of this Agreement applicable to Customers will apply to Choosevillawhen acting in this way.
e. "House Owner" or "Owner"means any enterpriseor individual User utilizingChoosevilla to give out on rent their Villas to Customers.
f. "Third Party" shall mean and refer to any individual(s), enterprise or entityapart from the Users and Choosevilla.
g. "Services"shall mean and refer to the services offered on the site including but not limited tooffering listings on the Website for the Owners to give out their Villas on rent to the Customers.
h. "Party" & "Parties" shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
3 WEBSITE PLATFORM
Choosevilla is an online platform. Customers may utilize the platform to book any villa being given on rent by the respective villa owners for an amount decided by the villa owner. The Customers may choose which villa they wish to occupy on rent and for what duration and accordingly make the booking for this villa. An amount shall be paid by the Customer to the villa owner as a security deposit and the same shall be refundable after the duration of the stay. In terms of the booking the Customer shall make the payment to the Website and the Website after deducting a certain amount of the rent as commission shall pay the remaining to the Owner. The portal only brings together the Owners and Customers and the Website shall be an intermediary/facilitator of the same.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Choosevilla Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information provided by Customers and Owners are self-declared and not verified by Choosevilla.Any and all information posted by any Customer or House Ownerincluding but not limited to their photographs, videos, title, name,profile and videos Choosevillahas the right to use this Content for promotions or marketing purposes.
Choosevilla allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website. The User's contributions to the Website should be unbiased and objective.Choosevilla does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Choosevillashall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Owner for private/ personal/ professional reasons. Choosevilla reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Choosevilla or as it may direct.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Choosevilla Platform. The Parties agree that certain portions of these Termsshall continue to remain in full force and effect indefinitely.
Choosevilla reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services offered on the Choosevilla Platform, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 8hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User's account), provided, that any such termination for convenience shall not affect the validity of any service Contracts that have been executed prior to termination and this Agreement with Owners shall continue to apply with respect to such service Contracts.
You may also be contacted by Ownerswith whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintances with from the Choosevilla Platform. Such contact shall be made only in pursuance of such objectivesand services and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations.
9 MODE OF PAYMENT
To process any financial transactions on the Website, We use online transactions or by collecting the amount through cheque or DD. Once the Customers have booked the villa, the Website shall check the availability of the same and then confirm the booking after which the payment can be made through online transactions and through cheques/DD.
There are two kinds of booking available full payment and part payment. For bookings between 0 to 60 days full payment is required, for bookings above 60 days 30% payment is required, for part payment the balance amount has to be paid not less than 60 days of the arrival date. If payments are not made on or before the due dates as required herein, the Owner or the Owner's Representative may cancel the booking, in which case this booking shall be thereby terminated without any further notice required. Cancellation charges may apply as detailed below. Once the customers have booked the villa by full or part advance, the Website shall give the booking confirmation within 24 hours of the payment done. The time period stated above is an estimate and we will not be held liable for non-provision of booking confirmation within the stated time. All payments to be done in Indian Rupees unless otherwise mentioned
Transactions on the Choosevilla Platform are secure and protected. Any information entered by the User when transacting on the Choosevilla Platform is encrypted to protect the User against unintentional disclosure to third parties.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use ofthe Choosevilla Platform.Whilst we make every effort to ensure that any taxes listed are correct, we accept no responsibility if taxes shown (whether included in quoted prices or excluded from quoted prices) are incorrect, or if they change between the point of enquiry and the point of booking confirmation, or between confirming a booking and the date of the trip, or at any other time. Taxes will always be due at the rate in force at the moment of making any applicable payment
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
? The Customer agrees that in the event that a booking has been made and subsequent to which the Owner is unable to provide the said premises on rent as a result of renovation or such related activities, that they shall be entitled to a full refund and shall not hold the Company/Website responsible for any other costs other than full refund. we will take our best efforts to shift the guests to an another accommodation in the same city for the same duration, any extras will be to be paid
? You hereby certify that you are at least 18years of age.
? You hereby agree to provide genuine credentials during the process of registration for the Choosevilla Platform. You shall not use a fictitious indentity to register.
? You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the forum.You alone are responsible for Your Content.
? You agree not to publicize other User's private information without their consent. Such private information shall include but not be limited to close-up photos or videos,other User's full names and address.
? You agree to ensure the email address and mobile number provided in your account registration isvalid at all times and shall keep your contact information accurate and up-to-date.
? You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
? You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Choosevilla Platform, including, without limitation to, any usage rules set forth in this Agreement.
? You agree to make no representations or warranties or enter into any contracts on behalf of Choosevilla. Customer and Owner may agree to additional terms in their service Contract materially different than the Standard Terms; however, nothing in such service Contract will in any way limit or modify Choosevilla's rights.
? You recognize, acknowledge and agree that You are not an employee of Choosevilla and that Choosevilla does not, in any way, supervise, direct, or control Your work or Services; ? You undertake not to:
• Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Choosevilla Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Choosevillamust be obtained;
• Access (or attempt to access) the Choosevilla Platform and/or the materials or Services by any means other than through the interface that is provided by the Choosevilla Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Choosevilla Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Choosevilla Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Choosevilla Platform is prohibited. You acknowledge and agree that by accessing or using the Choosevilla Platform, You may be exposed to Content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Choosevilla Platform. Further, You may report such offensive Content;
• use the Choosevilla Platform in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company's services; (ii) any other party's use and enjoyment of theCompany's services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device); • use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
• abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
• engage in any activity that interferes with or disrupts access to the Choosevilla Platform or the Services (or the servers and networks which are connected to the Website);
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Choosevilla Platform;
• download any file posted in the Choosevilla Platform that you know, or reasonably should know, cannot be legally distributed in such manner;
• probe, scan or test the vulnerability of the Choosevilla Platform or any network, devises and software solutions to the Choosevilla Platform, nor breach the security or authentication measures on the Choosevilla Platform or any network, devises and software solutions connected to the Choosevilla Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Choosevilla Platform, or exploit the Choosevilla Platform or Service or information made available or offered by or through the Choosevilla Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Choosevilla Platform;
• disrupt or interfere with the security of, or otherwise cause harm to, the Choosevilla Platform, systems resources, servers, software solutions or networks connected to or accessible through the Choosevilla Platform or any affiliated or linked Websites;
• violate any applicable laws or regulations for the time being in force within or outside your home country;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• disseminate information through the Choosevillaplatformthat is false, inaccurate or misleadingor violate any applicable laws or regulations for the time being in force in or outside your home country.
? The User shall also adhere to the following obligations with regards to the house:
• Self-catering accommodations require that the Customer supply all provisions and consumables necessary for daily living. The staff at the Property may accommodate any reasonable requests to purchase provisions on the Customer's behalf, and this will be charged to the Guest's account.
• Any Guest valuables or property left or used at the Property are at the Guest's own risk. Neither Website, the Owner nor the Owner's Representative accepts any responsibility for loss of or damage to Guest property. The Guest is responsible for the Property during the Rental Period, and must ensure that all windows and doors are locked securely when not on the premises. 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 is the Guest's responsibility.
• Conduct and Due Care: Properties are generally located in quiet residential neighbourhoods. The Guest is 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. Smoking is generally prohibited unless stated otherwise in the booking confirmation or reservation voucher.The Guest is responsible for the behaviour of the guests staying at the Property, as well as visitors to the premises during the Rental Period. Should any guest(s) or visitor(s) not behave in a suitable manner, the Owner or Owner's Representative may, in their 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. no visitor is allowed to stay in the villa, it will be the responsibility of the guest if any kind of mishap occurs and we will not be liable for the same.
• All bookings are assumed to be for normal holiday purposes only, and the Guest agrees that the use of the Property will be limited to this purpose unless otherwise confirmed in writing.
• If the Guest is planning to hold an event, such as a wedding or party, which involves having a larger number of people at the Property, or if the Guest is planning to use the Property for a purpose other than holiday, please communicate this to the Website at the time of booking, as special approval or arrangements may be required. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation. Note that some Properties are in residential areas or estates, and some are subject to rules and regulations regarding their use. Therefore, it may not always be possible to grant permission for certain uses or activities due to these or other reasons beyond the control of the Website and the Owner.
• If the Website has confirmed a booking which includes an event at the Guest's chosen Property, in certain circumstances the Guest must then obtain permits from the police and the local community before the event can proceed. The Guest acknowledges and agrees that the Website, the Owner and the Owner's Representative cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Property, the Owner or the Owner's Representative will refund any event fee paid by the Guest to the Owner, however neither Website, the Owner nor the Owner's Representative will be liable for any further refund or payment to the Guest. • In the interests of safety, due care should be taken at the Property at all times, especially with children. Suitable supervision should be given around pools, beaches and roads, and when using all Property's facilities.
• The number of persons (adults and children) staying at the Property must not exceed the maximum number of sleeping places indicated in the booking confirmation and reservation voucher, unless specifically authorised in writing. Exceeding this number may invalidate any insurance policy on the Property. Entry or access to the Property may be refused or limited where the number of guests exceeds the stated requirement. No pets are allowed unless agreed in writing in advance.
• The Property and its facilities are available for the Guest's full enjoyment during the Rental Period. However the Owner, Owner's Representative, or other 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 Guest, etc.). The Guest is required to give them reasonable access to the Property for these purposes.
• A Property is typically someone's home. Please treat the Property rented accordingly, and leave the Property and all its contents in good order and in an acceptably clean condition.
• Any damage or losses caused during the Rental Period, as well as any special cleaning requirements will be the Guest's responsibility and may be charged to the Guest's account and deducted from the Guest's security deposit. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, the Owner or Owner's Representative may require the Guest and their party, including visitors to vacate the Property immediately, without compensation or refund.
• A security deposit may be payable directly to the Owner or Owner's Representative immediately upon arrival at the Property. The standard security deposit required for each Property is stated in the Property description; however the Owner has the right to impose different requirements on a case by case basis. Access to the Property may be refused if security deposit is not paid in full. When the security deposit is required to be paid in cash, or when a non-standard security deposit applies, the Website will inform the Guest in advance of the amount payable and any other conditions. The guest has to report any damages observed in the rental property at the time of check-in by phone or mail or the damage may be deemed to be occurred during occupancy. The security deposit will normally be refunded at the end of the rental period, after deducting.
• all additional expenses incurred on the Guest's behalf (e.g. additional charges for goods, services and staff which have not been directly paid by the Guest, and telephone and internet charges, if applicable) and
• the cost of replacement or repair for any loss or damage to the Property or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined prior to the Guest's departure, the Owner or the Owner's Representative is entitled to withhold a reasonable estimate from the Guest's security deposit, and will return any balance to the Guest as soon as possible after the actual cost has been determined.
• Typical check-out and check-in times are 11:00 AM and 2:00pm respectively unless stated otherwise. The Website will work with the Owner or Owner's Representative to try to accommodate the Guest's actual arrival and departure times, subject to availability. Please do advise the Website of any changes to the Guest's schedule so every effort can be made to accommodate them. Guests will be charged for the day rental if check-out time is delayed.
13 CONFIDENTIAL INFORMATION
Confidential Information shall mean any information disclosed by the Customer on the Choosevilla Platform, related to the booking. However, Confidential Information shall not include information that:
(a) is now or subsequently becomes publicly known through no wrongful act or omission of the Website or anyone to whom it discloses such information;
(b) the Website can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement;
(c) the Website can demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer;
(d) the Website can demonstrate by its written records to have been independently developed.
All Owners using the Choosevilla Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
14 REPRESENTATIONS AND DISCLAIMER OF WARRANTIES
a) Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) All commercial/contractual terms are offered by and agreed to between User and Owners alone. Choosevilla disclaims all liability to either the Customer or the Owner or any person claiming for any breach of the terms of the Agreement signed between them based on the ratings, reviews or the work profile of Owners mentioned on Choosevilla.
c) The Company/Website makes no representations as to the reliability, capability, or qualifications of any Owner or the quality, security or legality of any Services and Choosevilla disclaims any and all liability relating thereto.The Company/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website.
d) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any Services listed on the Website, or accessing/using any information displayed thereon.
e) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, any Ownersor third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Website.
f) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.
g) It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
h) We make no warranty that this Site (or any sites that are linked to this
i) Prices displayed on rates pages other than INR may be converted for reference, but this is for guidance only.
j) The Website, Owner nor his representative accept any responsibility for:
? any physical injury, sickness, death, loss, damage, inconvenience or additional expenses incurred by the Guest, their party or visitors regardless of the cause;
? any vehicle or the contents of any vehicle used, hired or engaged by the Guest or their party during the Rental Period; inability of the Guest or any member of the Guest's party to enter the location of the Property or stay at the Property for all or part of the Rental Period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or
? any delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any technical, structural, electrical, plumbing or other problems or difficulties with the Property which make it unsafe or unusable, or any other circumstances which amount to �force majeure' or Acts of God, or other events beyond the Owner's control.
15 LIMITATION OF LIABILITY
Choosevilla accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Choosevilla Platform.
Users may be held legally responsible for damages suffered by other Users, Choosevilla or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Choosevilla Platform. All Customers and Owners are to comply with all laws applicable to them or to their activities, and with all posted Choosevilla Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Choosevilla's discretion, and the currently effective policies will be deemed to be part of this Agreement.
Choosevilla is not legally responsible for any remarks, information or other Content posted or made available on the Choosevilla Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Choosevilla is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Choosevilla reserves the right to remove or restrict access to any information or Content posted or made available on the Choosevilla Platform if ordered to do so by a government authority or if Choosevilla considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
16 INTELLECTUAL PROPERTY RIGHTS
(a) All information, Content, services and software displayed on, transmitted through, or used in connection with the Choosevilla Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Choosevilla Platform, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or processes accessible through the Choosevilla Platform, not to insert any code or product or man