"Service provider" means Dwellerin Network Private Limited, a company incorporated under the provisions of Indian Companies Act, 1956 with its registered office at: 666/B Nr. Acidwala Estate, Nr. Ramdev Estate, Rakhial Industrial Area, Ahmedabad, Gujarat 380023 and/or its subsidiaries and/or its associated companies and/or its authorized agents appointed in writing by the company.
"Guest" means any person with whom Service Provider contracts for the provision of Arrangement Services (Accommodation providers, like Hostel, PG, Flats and any other such accommodation type.) by Service Provider or with whom Service Provider contracts, as agent for a Third Party Supplier for the provision of Accommodation Services.
References to “you”, “your” etc., are references to the Guest, authorized representatives of the Guest or those for whom Accommodation is requested by the Guest.
"Arrangement Services" means Service Provider's services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of Accommodation Services by Third Party Suppliers to the Guest including without limitation the provision of Online Booking Services.
"Third Party Suppliers" means any third parties who supply any Accommodation Services to the Guest. The identity of the relevant Third Party Supplier for an Accommodation Service will be communicated to the Guest by Service Provider.
“Accommodation Services” means accommodation, booking, lodging, habitation, dwelling or here Hostel, PG, Flats and any other form of accommodations, other related Accommodation services.
“Online Booking Services” means any system provided by Service Provider to enable the Guest to make online bookings for Accommodation Services.
a) These conditions shall be deemed to be incorporated into all contracts for Arrangement Services made by Service Provider with the Guest to the exclusion of all other terms and conditions and all work was undertaken by Service Provider shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by Service Provider.
b) Service Provider shall provide such Arrangement Services to the Guest and organize such Accommodation Services for the Guest as may be requested by the Guest and agreed by Service Provider from time to time.
c) When taking bookings for or otherwise arranging Accommodation Services Service Provider will be acting as a disclosed agent and the relevant Third Party Supplier will be responsible for providing the Accommodation Services to the Guest. Service Provider will not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Guest (directly or indirectly) as a result of the acts or omissions of the Third Party Supplier.
d) By making a booking, the Guest will be entering into a legally binding contract with the relevant Third Party Supplier in respect of the Accommodation Services to be provided by such Third Party Supplier. The contract for the Accommodation Services will be subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Guest on request) and the Guest will be bound by such terms and conditions.
e) No Guest or any other third party will have any rights against Service Provider except as set forth.
3. Fees and Payment
a) The Guest shall pay to Service Provider on demand all costs, fees, taxes etc as mentioned on the service provider website which is Homversity.com, as invoiced by Service Provider to the Guest in respect of any Arrangement Services and any Accommodation Services in accordance with the payment terms set out in such invoice or otherwise agreed by Service Provider.
b) Service Provider reserves the right to request advance payment for Arrangement Services and/or Accommodation Services.
e) A convenience fee will be payable by the Guest at Service Provider’s standard rate for any costs incurred by Service Provider if payments are made by credit card/debit card/or any other minimal transactional charges.
4. Booking terms, amendments or cancellations
a) The Guest is responsible for the accuracy of all data supplied to Service Provider or any Third Party Suppliers including without limitation any information entered using the Online Booking Services. In the event that such information is found to be incorrect additional costs may apply to correct such data. Details of such additional costs are available upon request.
b) Service Provider reserves the right to charge an administration fee of for amendments or cancellations of any bookings in a case where the refund policy terms are not met, including where no additional documentation is required.
c) The Guest acknowledges that the Accommodation Services may be subject to cancellation by the Third Party Supplier without prior notice. The Guest is responsible for checking and complying with the specific change or cancellation terms for the Guest’s bookings.
d) While Service Provider will make commercially reasonable efforts to assist those making or arranging bookings on behalf of the Guest in complying with the Guest’s Accommodation policy, it is the responsibility of the Guest to ensure that all those making or arranging bookings on its behalf comply with its Accommodation policy.
e) If the Guest requires a purchase order number or similar payment code or any other transactional ID to be provided when a booking is made, it is the responsibility of the service provider and the accommodation third-party services provider to ensure that such number is provided and that is it accurate. The Guest shall be required to pay in full all invoices and charges for bookings which have been made even if a valid purchase order or similar payment code was not provided at the time of booking like a refundable security deposit at the time of check-in.
5. Late Payments
In the event that any sums due by the Guest to Service Provider are not paid when due then, without prejudice to any other remedies of Service Provider, Service Provider may at any time:
a) Suspend all or part of the provision of the Accommodation Services to the Guest; and/or
b) Cancel (without any liability to the guest) any bookings for Accommodation Services made on behalf of the Guest in respect of which payment is outstanding, with any cancellation fees incurred as a result thereof being for the account of the Guest.
a) Subject to Clause 6(b), in the event of a claim by the Guest in respect of the supply of the Arrangement Services or any other liability whatsoever for which Service Provider is responsible in law, Service Provider's liability in any event shall not exceed the total amount paid or payable by the Guest to Service Provider by way of fees for the supply of the Arrangement Services concerned and the associated Accommodation Services.
b) Service Provider shall incur no liability whatsoever to the Guest in respect of any indirect, special, consequential, punitive or other damages (howsoever incurred).
c) Service Provider shall not be liable to the Guest for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Guest (directly or indirectly) as a result of the acts or omissions of the Third Party Supplier.
The Host acknowledges and agrees that it is reasonable and prudent for the Host to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Accommodation Services or any Accommodation resulting therefrom. Service Provider shall make commercially reasonable efforts to assist the Host in obtaining such a policy of insurance from an insurer on payment of the appropriate premium.
No delay or failure to take action under these Standard Terms and Conditions shall constitute any waiver by Service Provider of any provision of these Standard Terms and Conditions.
Service Provider reserves the right to review and adjust all elements of fees without prior notice to take account of (but not limited to) inflation, increased charges, costs, or changes to terms and conditions by Third Party Suppliers or other parties that may impact on us.
10. Data Protection
a) In providing Accommodation Services to the Guest, Service Provider may collect and process personal data (including names, contact details, credit card details, and/or dietary requirements) relating to the guest in order to make bookings for Accommodation Services with Third Party Suppliers.
b) The Guest acknowledges that in order to make a booking with Third Party Suppliers, Service Provider may transfer to, and store personal data and the Guest consents to Service Provider transferring and storing personal data in this way.
c) A copy of the personal data which Service Provider holds about the Guest is making Accommodation arrangements can be requested by the Guest at any time.
d) The Guest acknowledges that Service Provider may transfer the Guest’s data (including personal data) to Third Party Suppliers and that any use of such data by the Third Party Suppliers will be in accordance with their terms and conditions and outside of Service Provider’s control.
a) Each party undertakes to the other to keep confidential all information (written, oral, or in electronic form) concerning the business, business systems, methodologies, and affairs of the other that it shall have obtained or received as a result of the provision of Arrangement Services or Accommodation Services (“Confidential Information”).
b) Notwithstanding the above, the parties may disclose Confidential Information to i) their parent company or subsidiary and their officers, directors, employees and professional advisers (including auditors), ii) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body or iii) with the prior written consent of the other party.
c) The Third Party suppliers shall use the Confidential Information (agreements, guest details, tariff rates, terms and conditions, policies, business models etc.) provided by the service provider only pursuant to this Agreement and in connection only with the Purpose as contemplated herein and not otherwise appropriate such Confidential Information to its own use or to the use of any other person or entity;
d) The Third Party supplier shall not disclose the Confidential Information to any person except to its employees, on a ‘need to know basis’, who prior to the disclosure or access to any such Confidential Information agree in writing to receive it under terms, at least, as restrictive as those specified in this Agreement and the third party supplier shall forward such agreement to the service provider.
e) The Third Party supplier shall use utmost degree of care and shall employ strict security systems and procedures in safeguarding Confidential Information of the service provider and preventing theft, piracy, copying, duplication, unauthorized use, exhibition of the Confidential Information and / or infringement and / or violation of the service provider’s rights in the Confidential Information. In particular, the third party supplier shall immediately bring to the notice of the service provider in writing of any such unauthorized use or disclosure of the Confidential Information and assist the service provider in remedying such unauthorized use or disclosure of the Confidential Information.
12. Jurisdiction and Governing Law
These terms and conditions, any supply of the Arrangement Services to the Guest and any contracts between Service Provider and the Guest shall be governed by the laws of Union of India and shall be subject to the jurisdiction of the courts of Ahmedabad within the State of Gujarat, without prejudice to the right of Service Provider to seek recovery of any sums due from the Guest before any court of competent jurisdiction.
13. Force Majeure
Dwellerin Network Private Limited shall not be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond the service provider’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of network connections or power failure, fire or floods.