Terms of Service

Brevistay Brevistay Terms and Conditions

Effective Date: 01 September 2022

All the clauses to the services we provide

• Definition and Interpretation
  1.1. “Accommodation” means hotel room(s) or any similar accommodation available to be rented by Users through the Platform for such durations as may be set out on the Platform;
  
  1.2. “Applicable Law” means all statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any government and or any Authority;
  
  1.3. “Authority” means any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory, or self-regulating authority, agency, or instrumentality having jurisdiction over the relevant matter;
  
  1.4. “Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with Applicable Law, from time to time;
  
  1.5. “Hotel Partner” means an independent third-party hotel operator or owner, providing Accommodations on the Platform;
  
  1.6. “Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information;
  
  1.7. “Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.;
  
  1.8. “Payment Facility” means the automated electronic payment or collection and remittance facility provided by the Company to the Users to facilitate payments on the Platform through payment gateway facility providers;
  
  1.9. “Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not;
  
  1.10. “Policies” means policies of the Company, including but not limited to the Privacy Policy, as amended and provided on the Platform or communicated to the Users in any other way from time to time;
  
  1.11. “Services” means the User Services and Hotel partner Services collectively as per Clause 2 below;
  
  1.12. “User(s)” or “You” (or any variation thereof) shall mean any Person (including any legal heirs, administrators, or successors) who are accessing or using the Platform and Persons duly registered under Clause 7 below.
  
  
• SCOPE OF SERVICES
  2.1. The Company through the Platform provides the following services (“User Services"):
  
  
  2.1.1. The Platform facilitates the engagement of a User with a Hotel Partner wherein the latter offers Accommodations for short-term stay, through the Platform to the Users.
  
  2.1.2. The User may use the Platform to make a reservation for any Accommodation with the Hotel Partner for such durations as may be set out in the Platform
  
  
  2.2. The Company through the Platform provides for listing of Accommodations on completing registration on the Platform through the link, at prices as may be determined by mutual agreement between the Company and the Hotel Partner (“Hotel Partner Services”). The Company may also require the Hotel Partner to adhere to additional terms at its sole discretion for purposes of listing.
  
  
• ACCEPTANCE OF TERMS
  We request You to carefully go through these Terms to understand the different features of the Services. By using the Platform, You irrevocably accept all the obligations stipulated in these Terms and agree to abide by them.
  
  Accessing the Platform through any medium, including but not limited to services on mobile phones, is also subject to these Terms. These Terms supersede all previous oral and written terms and conditions (if any) for the use of the Platform communicated to You.
  
  By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable Policies of the Company as published on the Platform.
• USER RESPONSIBILITIES
  4.1. The Users are advised to check the description of the Accommodation carefully before making a booking. User(s) agree to be bound by all the conditions as contained in the booking confirmation or as laid out in the confirmed booking voucher. Your use of the Services shall be deemed that You are fully satisfied with the description, look, and design of the Accommodation and Usage Fee of the accommodation as has been displayed on the Platform.
  
  4.2. The User agrees and acknowledges that in the Platform all Services are offered only at the sole discretion of Brevistay.
  
  4.3. You are requested to kindly take due care of all Your valuables and belongings. Brevistay and its employees shall not be responsible for any loss, theft, or damage to the Users' valuables and belongings at the Accommodations.
  
  4.4. The User hereby represents and warrants that the use of the Platform shall be restricted to personal and non-commercial use.
  
  4.5. The User shall abide by all applicable local, state, national, and international laws and regulations in the use of the Platform.
• HOTEL PARTNER RESPONSIBILITIES
  5.1. The Hotel Partners shall intimate to the Company on availability and non-availability of Accommodation.
  
  5.2. The Hotel Partner shall maintain and keep up-to-date the inventory along with details of amenities provided, the check-in policy, and the cancellation and refund policy as applicable.
  
  5.3. The Hotel Partner shall only confirm the booking for Accommodations available.
  
  5.4. The Hotel Partner agrees to be bound by the User Agreement in addition to any other agreement which might be executed between the Company and the Hotel Partner.
• AMENDMENT OF TERMS
  6.1. The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the User account, to anyone who the Company believes has violated the provisions of the User Agreement.
  
  6.2. You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree that such publication shall immediately constitute sufficient notice for all purposes of such amendment. The revised version/ terms shall be effective from the date mentioned as “Effective Date” on the Platform.
  
  6.3. The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company at its sole discretion.
• REGISTRATION ON THE PLATFORM
  7.1. Eligibility:

  
  

  7.1.1. To use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.
  
  7.1.2. The Company shall not be liable in case of any false information provided by the User including User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the Applicable Law.
  
  7.1.3. The Company disclaims all liability arising out of such unauthorized use of the Platform and any third-party liability arising out of Your use of the Platform if You are a minor.

  
  
  

  7.2. Registration and Creation of Profile:

  
  

  7.2.1. Registration for User Profile:
  
  (a) You shall provide the required User Information to create an account ("Account") through Brevistay ID and password or other log-in ID and password ("Account Information").
  
  (b) You shall provide details such as name, contact information, and verification details for such contact information at the time of sign-up, as may be required by the Company for registration, creation of User profile, and providing access to the Platform to the User.
  
  (c) You will not be able to make bookings and avail of other Services without creating an Account.
  
  (d) You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account.
  
  (e) You agree to (i) immediately notify the Company of any unauthorized use of its Account Information or any other breach of security, and (ii) ensure that You exit/log out from the account at the end of each session.
  
  (f) Brevistay cannot and shall not be liable for any loss or damage arising from Your failure to comply with this Clause 7.2.1. You may be held liable for Losses incurred by Brevistay or any other customer or visitor to the Platform due to authorized or unauthorized use of Your account as a result of Your failure in keeping Account Information secure and confidential.
  
  (g) Brevistay may allow restricted access to the Platform for unregistered users.
  
  (h) You shall ensure that the Account Information provided by You in the Platform registration form is complete, accurate, and up-to-date. Use of another user’s account information is expressly prohibited.
  
  

  7.2.2. Registration for Hotel Partner:
  
  (a) Hotel Partner shall provide the required hotel information to register through Brevistay ID and password or other log-in ID and password (“Hotel Partner Account”).
  
  (b) Hotel Partner shall provide details of the Hotel including but not limited to the hotel name, hotel contact information, hotel address, any verification details, and any KYC details (i.e., Hotel Partner PAN Card, GST registration, registration details, etc.) for registration.
  
  (c) Hotel Partner shall be responsible for maintaining the confidentiality of the Hotel Partner Account information and are fully responsible for all activities that occur under the Hotel Partner Account.
  
  (d) Hotel Partner hereby represents that the Hotel Partner Account shall be used for commercial purposes only by authorized personnel.
  
  (e) Hotel Partner may be held liable for Losses incurred by Brevistay or any other customer or visitor to the Platform due to authorized or unauthorized use of the Hotel Partner Account.
  
  

  7.2.3. The User and the Hotel Partner agree that the sole purpose of registering on or using the Platform is to avail Platform Services in an authorized manner, and the Platform shall not be used in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the Applicable Law.
• RESERVATION OR BOOKING BY USERS
  8.1. The User may browse through the listing of Accommodation on the Platform for making a reservation or booking.
  
  8.2. The User agrees, acknowledges, and confirms that before placing any order on the Platform, the User shall check the Accommodation description and price carefully and by placing an order, the User agrees to be bound by these Terms including the Accommodation’s description.
  
  8.3. The User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to the Company:
  
  

  8.3.1. In the event of detecting any suspicious activity from the User’s account, Brevistay reserves the right to cancel all pending and future bookings owing to any such incident without any liability to the User.
  
  8.3.2. In any transaction where online payment has been made using Payment Facility, You must use Your own digital wallet, bank information, UPI ID, etc. (“Credentials”) for which the User has full right and authority to validly use to make payment to Brevistay or the Hotel Partner. Brevistay shall not be liable for any fraud committed by You in making digital payments. The liability for use of Credentials of any other Person fraudulently to facilitate any online payment will be on the User and the onus to prove otherwise shall be exclusively on the User.
  
  8.3.3. In a credit card transaction, You must use Your own credit card for which the User has full right and authority to validly use such credit card for making payment to Brevistay or the Hotel Partner. Brevistay shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to prove otherwise shall be exclusively on the User.
  
  

  8.4. User shall make payment of Usage Fees as per Clause 9 below to receive a confirmation of booking.
  
  8.5. Your use of the Services shall be deemed that You are fully satisfied with the description, look, and design of the Accommodation and Usage Fee of the accommodation as has been displayed on Platform.
• PAYMENT OF USAGE FEES
  9.1. The User may use the Platform to make a booking for a short-term stay in accordance with the time durations as set out in Clause 2.1.2 above. The fees for renting Accommodation (“Usage Fees”) shall be subject to the time duration as chosen by You.
  
  9.2. You agree and acknowledge that You shall make a payment of the Usage Fees, including any applicable taxes, for availing the Services.
  
  9.3. We offer multiple payment options to You on the Platform:
  
  

  9.3.1. Option 1: Payment made by You through the Platform using the Payment Facility. Once the Usage Fees is received, You will receive a booking confirmation through the Platform. Such booking confirmation shall be presented to the Hotel Partner at the chosen date and check-in time; or
  
  9.3.2. Option 2: Payment made by You directly to the Hotel Partners. You may complete the booking/reservation on the Platform and then make payments to the Hotel Partner in person at the chosen date and check-in time by cash, card, or other modes, in accordance with the terms and conditions of the Hotel Partner.
  
  

  9.4. In the event You avail Option 1 for booking through the Platform, We shall collect the Usage Fees in accordance with the price set out for the relevant Accommodation. Additional charges may be levied by the Payment Facility for which We disclaim any liability.
• REFUND AND CANCELLATION
  In the event of a cancellation of a confirmed booking. where payment has been made as per Option 1 as set out above, the refund of the Usage Fees shall be made by Brevistay in accordance with the terms of the refund and cancellation policy of the respective Hotel Partner.
  
  In the event of a cancellation of a confirmed booking where payment has been made as per Option 2 as set out above, the refund of the Usage Fees shall be made by the Hotel Partner to the User, by cash, card, or other modes, in accordance with the terms of the refund and cancellation policy of the respective Hotel Partner.
• USAGE TERMS
  11.1. Your use of this Website/App shall be subjected to the following restrictions:
  
  

  11.1.1. You may not modify any content of the Website or App, including but not limited to, any public display, description, performance, sale, rental, and pricing of the Services;
  
  11.1.2. You may not decompile, reverse engineer, or disassemble the content; or
  
  11.1.3. You may not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of this Platform or its content.

  
  
  11.2. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any Person or entity's use or enjoyment of the Platform.
  
  11.3. You will not engage in any form of antisocial, disrupting, or destructive acts, including flaming, spamming, flooding, trolling, and phishing as those terms are commonly understood and used on the internet.
  
  11.4. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify.
  
  11.5. All Information, content, and material contained in the Platform are the Company's intellectual property. All trademarks, service marks, trade names, and trade dress are proprietary to Brevistay. No information, content, or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Brevistay's express written permission.
  
  11.6. You acknowledge that when You access a link that leaves the Platform, the site You will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, You acknowledge that the Company is not responsible for those sites. Brevistay reserves the right to disable links from third-party sites to the Website/App, although Brevistay is under no obligation to do so.
  
  11.7. You expressly understand and agree: (i) that Brevistay does not warrant that the functions contained in the content, Information, and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free; (ii) that the defects will be rectified; (iii) that the Platform or the servers that make such content, Information and materials available are free of viruses or other harmful components; (iv) that the quality of the Platform and service would meet Your expectations; or (v) Any material downloaded or otherwise obtained through the Platform are accessed at Your own risk, and You will be solely responsible for any damage or loss of data that results from such download to Your computer system.
  
  11.8. The Information, materials, and Services available on the Platform may inadvertently include inaccuracies, typographical errors, or outdated Information. Brevistay is not responsible for and shall not be bound to honour typographical or pricing errors on the Platform.
  
  11.9. Brevistay reserves the right to refuse or cancel bookings at any time, including but not limited to the bookings that contain incorrect prices or descriptions, bookings in which Brevistay believes the User has violated Applicable Laws or these terms, bookings that Brevistay believes are harmful to Brevistay or bookings that Brevistay believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information.
  
  11.10.The Company neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, Information, Accommodation, or Service.
  
  11.11.The Company shall not be responsible for the delay or inability to use the Platform, unrelated functionalities, the provision of or failure to provide functionalities, or for any Information, software, services, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
  
  11.12.The Company shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.
  
  11.13.You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. Brevistay accepts no liability for any errors or omissions, concerning any information provided to You.
  
  11.14.The Company reserves the right to make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or a user’s booking and cancellation history.
• COMPLAINTS AGAINST OBJECTIONABLE CONTENT
  If You believe that any content on our Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), You may notify us at support@brevistay.com. The Company will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
• TERMINATION
  The Company reserves the right to terminate Your access to the Platform if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of the User Agreement. Following termination, You will not be permitted to use the Platform and the Company may, in its sole discretion and without advance notice to You, cancel any outstanding bookings/reservations. If Your access to the Platform is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Platform.
• INTELLECTUAL PROPERTY RIGHTS
  The Company has proprietary rights and trade secrets on the Platform. You may not copy, reproduce, resell or redistribute any content on the Platform provided by the Company, without prior written permission of the Company. The Company also has rights to all trademarks and trade dress and specific layouts of the Platform, including calls to action, text placement, images, and other information.
  
  The Company has the perpetual, worldwide, non-exclusive, royalty-free, assignable right to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology for the full term of any rights that may exist in such content, and You waive any claim to the contrary overall feedback, comments, ideas or suggestions or any other content provided by You to the Company by way of this Platform.
• INDEMNIFICATION
  You agree to indemnify and hold harmless the Company and its Personnel (as defined below) from any and all third-party claims, Losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of Platform or Services, violation of these Terms, User Agreement, or infringement, or infringement by any other User of his/her/its Account, of any intellectual property or other right of any person or entity. The Company will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
• DISCLAIMER OF WARRANTIES
  16.1. Your use of this Platform is at Your sole risk. The Platform, Accommodations, and Services are offered on an “AS IS'' and “AS AVAILABLE” basis. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Platform, Accommodations, and Services, or any reliance upon or use of the Platform content, Platform, Accommodations, and Services.
  
  16.2. The User acknowledges that the Company has not represented or warranted that:
  
  

  16.2.1. the use of the Platform will be uninterrupted, error-free, or without delay;
  
  16.2.2. the information provided on this Platform is accurate, reliable, complete, and timely;
  
  16.2.3. the links to third-party websites are safe and secure for User access or that the
  
  information provided therein is accurate, reliable, complete, or timely;

  
  16.3. No advice or information, whether oral or written, obtained by You from the Platform will create any warranty not expressly stated herein.
• LIMITATION OF LIABILITY
  In no event, shall the Company, or any of its directors, officers, employees, agents, or content or service providers (collectively, the "Personnel") be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials, and functions related thereto, the Services, user's provision of information via the Platform, lost business, even if such Personnel has been advised of the possibility of such damages.
  
  In no event shall the Company and Personnel be liable for:
  
  17.1. provision of or failure to provide all or any service by Hotel Partners to Users contacted or managed through the Platform;
  
  17.2. any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Platform;
  
  17.3. any unauthorized access to or alteration of Your transmissions of personal information; or 17.4. any other matter relating to the Platform or the Service.
  
  

  In no event shall the total aggregate liability of the Personnel to a User for all damages, Losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms, User Agreement, or use of the Platform or the Services exceed the Usage Fees paid by such user for booking/reserving an Accommodation through the Platform.
• PRIVACY POLICY
  The Company has established a privacy policy that explains to users how their information is collected and used ("Privacy Policy"). Your use of the Platform and Services is governed by the Privacy Policy. If You object to Your information being transferred or used, please do notify us at support@brevistay.com
• COMMUNICATIONS
  Unless You notify or direct Brevistay sales representatives, while they are calling You, of Your desire to opt-out from further direct company communications and solicitations, You are agreeing to continue to receive further emails and call solicitations
  
  We provide 3 easy ways to opt out of future solicitations:
  
  19.1. You may use the opt-out link found in any email solicitation that You may receive;
  
  19.2. You may also choose to opt-out, via sending Your email address to support@brevistay.com; or
  
  19.3. You may send a written request for opting out from future communications to the Company’s registered address.
• THIRD-PARTY LINKS
  The Platform may contain links belonging to third parties and the User acknowledges that the Company does not endorse any of these third-party links or the services or goods provided by way of these links. The Company will not be liable for the nature of the content provided on any of these third-party links or the privacy practices followed by these third parties. The Company does not provide any warranty with regard to the materials posted on such third-party websites or the services offered by them and disclaims all responsibility for the quality of the services offered by any of these linked sites. You acknowledge that it is at Your own risk that You view the contents of any linked site listed on the Platform.
• GENERAL TERMS
  21.1. Governing Law and Jurisdiction: The User Agreement and all transactions entered into on or through the Platform shall be interpreted, construed, and governed by the laws of India which shall apply to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences, and disputes arising under or in connection with or in relation hereto the Platform, the terms, or any transactions entered into on or through the Platform or the relationship between User and the Company shall be subject to the exclusive jurisdiction of the courts at Delhi, India and User hereby accede to and accept the jurisdiction of such courts.
  
  21.2. No Waiver: Any failure, delay, or forbearance on the part of the Company in (i) exercising any right, power, or privilege under the User Agreement; or (ii) enforcing terms of the User Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Brevistay of any right, power or privilege preclude any other future exercise or enforcement thereof.
  
  21.3. Severability: The Parties hereto agree that each of the provisions contained in the User Agreement shall be severable, and the unenforceability of one or more provisions of the User Agreement shall not affect the enforceability of any other provision(s) or the remainder of the User Agreement.
  
  21.4. Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to any act which is beyond the control of the Company including but not limited to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
  
  21.5. Cessation of Operation. The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Platform and Services. 21.6. Waiver of Class Action Rights. By entering into this User Agreement, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or a similar procedural device. Any claims arising out of, relating to, or in connection with this User Agreement must be asserted individually.
  
  21.7. Domestic Use. The Company makes no representation that the Platform or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  
  21.8. Assignment. You may not assign Your rights and obligations under the User Agreement to anyone. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to You.
• GRIEVANCE REDRESSAL MECHANISM
  If You believe that Your rights have been violated by any Services or have any other grievance due to the use of the Platform, the name and contact details of the Grievance Redressal Officer to redress the same are provided below:
  
  Name: Mr. Avnish Kumar
  
  Address: Business Park, ITHUM TOWER, A-408A, 4th Floor, A Tower, Sector 62, Noida, Uttar Pradesh 201301
  
  Email ID: grievance.redressal@brevistay.com