Terms and Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Aavsa, a partnership firm, having its registered office at Flat No. 232, Vasant Apartment, Old Delhi Road, Gurugram, Haryana - 122001 (hereafter referred to as "Aavsa", “Company” "we", "us", or "our") is in the business of managing, operating and offering residential accommodation, including villas, bungalows, farm houses, home stays, service apartments and/or their individual rooms to guests, mainly for short stays, for recreational purposes, under the brand name “AAVSA” (“Services”).
These Terms and Conditions (“Terms”) are applicable to all the guests or customers who make bookings any of the Properties (defined below) or their individual rooms through our website (Site), our mobile application (Application), call center, third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals etc., (collectively “Booking Channels”).
These Terms, which set forth the legally binding terms and conditions for visitors, guests or customers or users, describe in detail the terms and conditions for your access and use of the Booking Channels and booking of the Properties and availing the Services and other offerings offered by Aavsa.
The use of the Booking Channels and the Services by you is subject to these Terms, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By accessing the Booking Channels and/or using the Services, you agree to permit the Company to communicate with you, from time to time, about its Services and offering, unless you decide to unsubscribe from receipt of such communications by following the instructions stated in said communications.
By using the Site, Application, Booking Channels you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application, Booking Channels and all Content (defined below), and constitute a binding legal agreement between you and Aavsa. Please read carefully these Terms and our Privacy Policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application, Booking Channels. Failure to use the Site, Application, Booking Channels in accordance with these Terms may subject you to civil and criminal penalties.
These Terms are subject to change and Aavsa may at any time, without prior notice to you/ any guest, revise them and any other information contained in this Site and/or any Booking Channels by updating these Terms. Please note that the restated Terms shall be effective immediately upon posting.
Aavsa may also make improvements or changes in the services provided by it as described in this Site/ Booking Channels at any time without notice. Therefore, you are advised to regularly check for any amendments or updates to these Terms and Conditions. If the changes are not agreeable to you, you must stop using the Site, Application and Booking Channels. Your continuous use of this Site, Application and Booking Channels will imply your acceptance of the changed terms.
Except where additional terms and conditions are provided, these Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Aavsa.
This Agreement is and shall be deemed to be concluded and executed between you and the Company at Gurugram, India.
Key Terms:
(a) “Property/Properties” shall mean and include villas, bungalows, farm-houses & home stays, service apartments and/or their individual rooms, managed, operated and offered by the Company, available for booking on any of the Booking Channels.
(b) “Guest/Guests” refers to any individuals/ companies or other entities who wish to make a booking or makes a booking in respect of any of the Properties through any Booking Channels.
(c) “Booking” means a reservation in Property/Properties made by any Guest for the purpose of stay.
(d) “Booking Amount” shall mean the total amount payable by the Guest to Aavsa for confirmation of the Booking through the registered mode of payment, as may be intimated by Aavsa to the Guest. This does not include Security Deposit as defined below and may not include any additional charges for service, such as platform fees, etc. This does not include taxes, GST, etc.
(e) “Booking Confirmation” shall mean the communication shared by Aavsa with the Guests upon receipt of the Booking Amount and shall mention all the details of the Booking, including but not limited to Name of the primary Guest in who’s name the Booking is done, number of guests, number of rooms booked, check-in date and check-out date, House Rules
name of the Property booked, , Booking Amount, GST or such taxes paid, . Aavsa shall not be liable to host a Booking unless the entire Booking Amount is paid by the Guest/Guests to Aavsa through the registered mode of payment intimated by Aavsa to the Guest. Aavsa may require the Guest to produce this Booking confirmation along with additional roof of payment if so deemed necessary any time during the Stay.
(f) "Content" means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images),including any content licensed from a third party, which users may have access to as part of, or through use of the Site, Application and Booking Channels
(g) "Security Deposit" is the amount required to be deposited by Guests with Aavsa after Booking Confirmation but before or at the time of check-in. Security Deposit would be specific to each Booking and to each Property and would differ from Property to Property. The Security Deposit shall be utilized by Aavsa for any damages caused by the Guests/their pets to the Property and/or items/furniture therein and/or for recovery of any other charges levied by Aavsa on Guests. Security Deposit is distinct from Booking Amount and cannot be clubbed with the same.
(h) "Tax" means any sales taxes, service taxes, additional cess or surcharge, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Eligibility
The Booking Channels are intended solely for persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Any access to or use of the Booking Sites, Application or Services by persons who cannot enter into legally binding contracts under the Indian Contract Act, 1872 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are a person(s) who can enter into legally binding contracts under the Indian Contract Act, 1872.
You understand and agree not to: (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Platform, or which impacts the security of the Platform, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Platform, or to copy content from the Platform.We reserve the right to immediately bar access to the Platform and close your account if you violate this provision or any other provisions in these Terms
Your Account and other details
In order to make the Booking, you must create an account (“Account”) and provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, postal address, other log-in information, materials or other contact information and content (collectively “Account Information”) and / or authenticate itself through APIs provided by third parties such as Google, or other service providers which the Company integrates with the Site/Application from time to time. You are permitted to access and use the Site/Application only after proper and valid authentication, which will need to be done explicitly by you. When creating an Account, you shall provide accurate and complete information. In order for the Site/Application available therein to function effectively, you must keep your Account Information up to date and accurate. You are solely responsible for safeguarding your authentication credentials and you agree not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using your Account, whether or not you have authorized such actions. You agree and understand that you are responsible for maintaining the confidentiality of your Account Information. You shall immediately notify the Company of any unauthorized use of your Account. By providing the Company with your email address, you agree to receive all required notices electronically, to the e-mail address provided.
Accuracy of Content
Aavsa has taken every precaution in the preparation of the content of Site, Application and Booking Channels in particular to ensure that rates quoted are correct at the time of publishing and all details have been accurately displayed. You understand and agree that Aavsa shall not be liable for any typographical, technical or any other kind of errors on the Site, Application and Booking Channels.
Booking Confirmation
Guests shall understand and agree that making payment of the Booking Amount and Security Deposit (depending on case to case basis as decided by Aavsa) or Booking Confirmation shall clearly construe and mean that Guests have read and unconditionally accepted all the details of the Booking and abide by the rules and guidelines set for the Booking and these Terms.
It is clarified that Aavsa shall not be liable to serve a Booking unless the entire Booking Amount and Security Deposit, if any specified by Aavsa, is paid by the Guest/Guests to Aavsa through the registered mode of payment intimated by Aavsa to the Guest/ Guests. The Booking Confirmation shall stand canceled, withdrawn and null and void, if the entire Booking Amount and Security Deposit, if any specified by Aavsa, is not received by Aavsa by specified due dates.
In the event a Booking is made from any third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals, the Guest/Guests should confirm the Booking with us. Aavsa shall not be liable to serve a Booking unless the entire Booking Amount and Security Deposit, if any specified by Aavsa, is received by Aavsa through the registered mode of payment, even though the Booking Confirmation may have been sent to the Guest by such third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals and/or Aavsa. Further, in the event a Booking is made from any third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals, the terms and conditions of such third party shall also be applicable to the Guest/Guest and the Booking, in addition to these Terms and the other terms and conditions laid down by us in respect to the Booking. In the event any term/condition of such third party is inconsistent with the Terms set out herein or intimated to the Guest/Guests by Aavsa, the Terms of Aavsa shall prevail.
Booking on hold
Upon request from the Guest to hold a booking, as an exception, Aavsa may at its sole and absolute discretion, accept such a request by asking Guest to pay a non-refundable advance to secure his or her Booking. Upon receipt of the amounts towards advance, Aavsa shall put the Booking in “Booking on Hold” status for a specified period of time. This cannot be construed by a Guest as a Booking Confirmation and the Guest is required to make the balance payment of Booking Amount and Security Deposit, if any specified by Aavsa, in order to secure a Booking Confirmation. Aavsa reserves its right to cancel the Booking put on ‘Booking on Hold’ and forfeit such advance paid in case a Guest refuses/fails to pay the balance Booking Amount and Security Deposit, if any specified by Aavsa, within such stipulated period with or without notice. The Booking will be served by Aavsa only upon receipt of the entire Booking Amount and Security Deposit, if any specified by Aavsa, through the registered mode of payment, intimated by Aavsa to the Guest/ Guests. If the entire Booking Amount and Security Deposit, if any specified by Aavsa, is not received by Aavsa by the specified due date and through the registered mode of payment intimated by Aavsa to the Guest/ Guests, Aavsa shall not be liable to honour the Booking.
Description of Services & Amenities Provided by Aavsa
The Company is primarily responsible for providing a comfortable stay and for ensuring the acceptability of the services as promised by Saffronstay to its customers.
The Company will be the sole point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of Services.
Guests understand and agree that only those amenities as mentioned in the description of any Property on the website would be provided to the Guests. If for any reason or factor, beyond the reasonable control of Aavsa, an amenity is not fully/partially available during the stay of the Guest, then Aavsa shall make best endeavors to provide suitable alternate amenity. This, however, shall not entitle the Guest to claim any refund or compensation from the Company.
Additional Services
Upon prior request by Guests, Aavsa may at its sole discretion and subject to availability, on a best efforts basis, arrange additional services like cook, chef, cleaners, vehicle hire, activities, etc. Aavsa may outsource such services from third party vendors.
Guests understand and agree that such services may not be part of Booking Amount/Security Deposit paid by the Guests and such services may accrue additional charges. These additional services are provided by Aavsa solely for the convenience of Guests without any commitment or obligation of any kind whatsoever on part of Aavsa. Furthermore, if such services are offered by a third party, then Aavsa assumes no liability for the failure of such a third party in providing such services or for the quality or performance of such services. Guests accept and undertake that they will not hold Aavsa responsible, liable or accountable for any discrepancies in such services by third parties and shall not seek any redressal or damages from Aavsa.
Pricing
The tariff mentioned by Site, Application and Booking Channels are non-negotiable and are subject to change without prior notice. All rates mentioned by the Site, Application and Booking Channels are as per room and/or as per multiple rooms basis, as may be specified. The tariff for the Properties may or may not include applicable taxes (if any) depending on the type of Property. Please confirm the tariff, including booking amount, security deposit, if any, and taxes carefully before Booking. It is possible that the tariffs mentioned on any online booking channels may be inaccurate due to a technical glitch. In the event that such a technical glitch error occurs which is beyond the control of Aavsa, Aavsa reserves the right to correct the same and the incorrect and erroneous tariff will not be enforceable against Aavsa.
Right of Admission and possession of Property
In case of any Booking, it is understood and accepted by all the Guests that they shall never be in possession or have a charge or claim to be in possession of any of the Properties booked by him or her at any time whatsoever.
The Guests shall not be allowed to check in the Property before or at the time of check- In unless they comply with all the requirements as prescribed, the Terms hereof and any specific terms and conditions specified at the time of booking or thereafter. In case the Guests do not comply with the prescribed requirements, no refund against Booking Amount/ Deposit paid by Guests or compensation of any kind of whatsoever nature or amount shall be claimable by Guests or due or payable by Aavsa to the Guests or anyone else on any account whatsoever.
(a) Guests must provide Booking Confirmation issued by Aavsa along with the proof/details of payment of the entire Booking Amount.
(b) In compliance to the Government security regulations, every Guest, coming to stay at the Properties, would be mandatorily required to provide original government issued photo IDs for verification as well as a copy of the photo IDs, on or before check-in.
(c) Guests shall enter name, address and other details of all the guests, including children, in the Guest Register kept at respective Properties and/ or maintained digitally.
In case any guest has provided incorrect and false information at the time of Booking, Aavsa shall be entitled to forthwith revoke and cancel Booking, and refuse entry to Property and if the Guests have already checked-in, then they shall be evicted from the Property by any of the representatives of Aavsa. In such cases the Deposits/ Booking Amount paid by the Guests shall not be refunded nor shall any compensation of any kind or nature be paid by Aavsa to the Guest.
At the time of Check In or during the stay, the total number of Guests along with visitors of the Guests shall not exceed the number as stated at the time of making the Booking. Aavsa
may permit, at its sole discretion, additional persons to stay at the Property, at an additional cost. No additional persons will be allowed unless a written acceptance is issued by Aavsa.
Check-in (Start of Booking) ,Check-out (End of Booking) Timing and Stay
Check-in and check-out time shall be as specified in relevant Booking Confirmation and shall be strictly adhered to. Aavsa recommends and encourages Guests not to arrive at Property before stated Check-In time. If an alternate check-out time is approved by Aavsa, it shall be clearly communicated in writing on the Booking Confirmation. Guests will not be permitted to occupy or stay at Property beyond the check-out time stated on Booking Confirmation.
If Guests reach and enter the Property before the check-in time or stay beyond the check-out time mentioned in the Booking Confirmation, the Guests may be charged an additional amount, as may be decided by Aavsa and is subject to availability.
Before the Check-in and during the stay, Guests agree and undertake to abide by the House Rules that would be stipulated for each Property. These House Rules are made available on the Booking Channels. Every Guest is expected to read these carefully before making a Booking. By making a payment and receiving a Booking Confirmation, Guests agree that they have read and understood and agree with the House Rules. No refunds would be permitted for Guests not having read these before Booking. Failure to comply with House Rules shall result in automatic and immediate termination of the Booking and will also result in immediate eviction / removal of Guests from Property and immediate forfeiture of entire Booking Amount/ Security Deposit or any other amounts paid by Guests without recourse whatsoever to any refund of amounts paid or deposited by the Guest/Guests.
Use of Property
All bookings are assumed to be made for short-stay/ holiday recreational 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 host an event, such as a wedding or party or photoshoot or videoshoot, which involves having a large number of people at the Property, or if the Guest is planning to use the Property for a purpose other than short-stay or holiday, Guests need to inform Aavsa before Booking is made. Depending on the nature of the event, additional charges, surcharge and/or additional security deposit may be required to be paid by the Guest, which will be agreed and confirmed in writing prior to confirming the Booking. Note that some Properties are in residential areas or estates, and some are subject to rules and regulations regarding their use. For any event or activity that may need local, police or municipal permissions Aavsa is not responsible for securing these. The Guests would need to secure these permissions and approvals on their own and at their own cost. If the police or the local community/ municipality/ local authorities refuse to issue a permit for an event at the Property, Aavsa will not refund any event fee paid by the Guest. In the event Guest fails to inform Aavsa before the Booking, Aavsa reserves a right to take action against the Guests, including but not limited to canceling the Booking and or asking the Guest to vacate the Premises forthwith, without any refunds to the Guest.
The Guest shall not carry out any unlawful activity from the Properties.
Aavsa Fees
In addition to the fees and charges for the Booking, Aavsa reserves the right to charge, from time to time or an a case to case basis, other fee for services, facilities or conveniences provided by it, including but not limited to platform fees, convenience charges, transaction charges etc., by whatever name called. The said fee would be normally charged at the time of Booking.
Cancellations, Reschedulements and Refund
If a Guest wishes to cancel, reschedule their Bookings, they agree and accept the same would be subject to the Cancellation Policy and Reschedulement Policy. The Guests agree that they would have read, understood and agreed to the Cancellation Policy and Reschedulement Policy applicable for their Booking. Aavsa reserves a right to modify the terms of these policies from time to time and request Guests to read and understand these before each Booking.
Cancellation by Aavsa
In extreme situations, Aavsa may need to cancel or reschedule a Booking. For such cancellation or reschedulement, the Cancellation Policy (read here) would be applicable. Guests agree and accept that they have read, understood and agreed to the Cancellation Policy and cannot claim any damages, compensation or other amounts, demur or otherwise from Aavsa and Aavsa disclaims any liability in this matter.
Security Deposits by Guests and Damage to Property
The Guests shall be responsible to check and report any damage to the Property or the equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, etc., therein within 90 minutes of check-In.
Guests agree and undertake to use the Property and the items/furniture therein with utmost care. At the time of check-out, the Guest shall leave the Property in good order and reasonably clean condition except normal usage.
The Guests agree and understand that in case any damage or breakage is caused to a single item forming a set unless an identical replacement can be found the Guest shall be liable to pay for the replacement of the entire set. e.g. If a glass in a set of 6 glasses is broken / chipped, the Guest shall be responsible to pay for the replacement of all 6 pieces of the set.
Without prior consent of Aavsa Guests shall not move or relocate any equipment, appliances, furniture, fittings, furnishing, finishing and artifacts etc. from their original location except for chairs, other furniture like cane / plastic furniture etc.
The Guests understand and agree that Aavsa cannot immediately inspect Property for damages at the check-out time of the Guests as there may be multiple rooms and facilities to be inspected. The inspection for damages shall be done by Aavsa in the intervening time between one Guests check-out and the next check-in. Thus, refunding of Security Deposit after adjusting the amount recoverable from the Guests, if any, cannot be done immediately upon check-out. Aavsa shall make an effort to refund the Security Deposit or the balance Security Deposit, as the case may be, maximum within 30 days from date of check-out. After the inspection, the assessed cost of repairs / replacement shall be communicated to Guests for their information and the same shall be final and binding on Guests.
If the amount of repair/ replacement of item, equipment, appliances, furniture, fittings, furnishing, artifacts etc. exceeds the amount of Security Deposit, the excess amount shall be intimated to the Guests in writing and the Guests shall be liable to pay the same, without demure, within 7 days of such demand being made by Aavsa. Any refund due against Security Deposit shall be made through a cheque or bank transfer in favor of Guests as per the account details provided by the Guests or in the mode in which the Guests had made payment.
The Security Deposit shall not carry any interest and the Company shall not be required to pay any interest on the amount of Security Deposit, if any, paid by the Guest.
Payment Options
The Guest agrees and understands that all payments shall only be made to bank accounts of Aavsa. Aavsa or its agents, representatives or employees shall never ask a guest to transfer money to any private account or to an account not held in the name of Aavsa.
The Guest agrees that if that guest transfers any amount against any booking or transaction to any bank account that is not legitimately held by Aavsa or to any personal account of any person, Aavsa shall not be held liable for the same. The Guest shall not hold any right to recover from Aavsa any amount which is transferred by the Guest to any third party.
The Guest should not share his personal 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 Aavsa.
The Guest shall immediately inform Aavsa if such details are demanded by any of its agents’ employees or representatives. Aavsa shall not be liable for any loss that the Guest incurs for sharing the aforesaid details. Refunds, if any, on canceled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking. Booking(s) made by the Guest through Aavsa are subject to the applicable cancellation policy or as communicated to the customers in writing.
When the Company receives transaction instructions from you through the payment mode for the Services, the Company will be entitled to debit the sale amount plus any charges payable for the transaction from the account you have specified. The Company shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the bank or the credit card agency to perform any of its obligations.
The Company shall have no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the limit mutually agreed to by the cardholder with the card issuing entity or any other reason whatsoever. In respect of any transactions which may be permitted by the Company via its Site/Application from time to time, the Company's own records of such
transactions, maintained through computer systems or otherwise, shall be accepted as conclusive evidence and binding on you for all purposes. More particularly, the record of the Company generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
Financial Details
You agree, understand and confirm that the credit/ debit card details or other financial details provided by you will be correct and accurate and you shall not use the credit/ debit card or financial facility which is not lawfully owned/ obtained by you. Aavsa will not be liable for any credit/ debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise will be exclusively on you.
Pet stays
Pets may or may not be allowed on the Properties at the discretion of Aavsa. Such information will be set out in the Booking Confirmation issued to Guests. All pet stays are subject to payment of additional charges, and additional Security Deposit as may be stipulated for each Property. Furthermore, Guests are required to read and acquaint themselves with the terms and conditions relating to pet stays. These are outlined in the Pet Contract (read here). Guests agree that failure to comply with these terms and conditions would result in Aavsa charging additional charges towards damages and/or forfeiting the Security Deposit and/or require the Guests and their pets to evict the Property without any refunds or compensation.
Link to Another Websites
The Company may use third-party services provided by the third party vendors to assist in providing the Services (“Service Providers”). All or some of your information may be stored on servers provided by Service Providers. Certain features and functionality of the Services may be implemented through the third-party services or use of a third-party API and other licensed third party software or technology. The Company may use other Service Providers for the following types of services: networking, storage, financial transactions, customer relationship management, website maintenance, database management, web analytics, cloud computing infrastructure, transactional communications, marketing communications, customer services etc.
The website may contain links to other third party websites and web pages that are not owned or controlled by the Company. Aavsa does not in any manner represent or endorse such websites / webpages and is not liable for the contents of such websites or for any claims arising out of your use of these websites as Aavsa has no control over such websites in any manner whatsoever.
Promotional Offers
Once you share your contact details on the website, you agree to opt-in to receive promotional content from Aavsa on WhatsApp, email, push notifications, and SMS. Aavsa may provide you with various discounts and offers from time to time. Any such discounts, offers or promotional schemes will be subjected to specific terms and conditions listed on the website, which may vary from time to time. Aavsa reserves the right to alter, or withdraw any promotional scheme at any time without any prior notice
Specific Terms Regarding Aavsa Travel Credits
Aavsa Travel Credits may only be redeemed for confirmed bookings via the Site and, Application and Services and after you accrue Aavsa Travel Credits, such Aavsa Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. You may only redeem Aavsa Travel Credits after the Aavsa Travel Credits are reflected in your Aavsa Account. The scope, variety, and type of services and products that you may obtain by redeeming Aavsa Travel Credits can change at any time.
Aavsa Travel Credits expire one (1) year from the date that any Aavsa Travel Credits are last accrued in your Aavsa Account. Aavsa will notify you at the email address you provided during Account registration within thirty (30) days of when the Aavsa Travel Credits in your Aavsa Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Aavsa Travel Credits, please contact us at user@Aavsa.com . Aavsa may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Aavsa' sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Aavsa Travel Credits. Where applicable, Aavsa may be required to account for VAT on any services for which the Aavsa Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all Aavsa Travel Credits are forfeited if your Aavsa Account is terminated or suspended for any reason, in Aavsa' sole discretion, or if Aavsa discontinues providing the Site, Application, Services or the Referral Scheme.
Loyalty Programme
Aavsa runs a loyalty program to recognise and reward repeat guests. All loyalty program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without prior notice. The details and terms of the loyalty program would be published on the website from time to time.
Specific and General Breach
Breach of any of the Terms herein shall result in automatic and immediate termination of the Booking and will also result in immediate eviction / removal of Guests from Property and immediate forfeiture of entire Booking Amount or any other amounts paid by Guests without recourse whatsoever to any refund of amounts paid or deposited by the Guest/Guests.
Conduct and Due Care
Properties are generally located in quiet residential neighborhoods. 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.
The Guest is responsible for the behavior of his guests staying at the Property, as well as his visitors to the Property during the booking period. In case any guest(s) or visitor(s) does not behave in a suitable manner, then Aavsa/ Aavsa’ 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.
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 Guests are required to respect our staff / attendants. Misbehaving with our staff / attendants would have serious repercussions. Smoking is prohibited in our Properties. Loud music will not be allowed beyond time permitted by applicable laws.
The Guest’s valuable belongings are the Guest’s own responsibility. Aavsa does not take any responsibility for loss or damage to Guest’s valuable belongings. The Guest is responsible for the Property during the stay period, and must ensure that all windows and doors are locked securely when not in the Property. 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 shall be the Guest’s sole responsibility.
Confidentials and Personal Data/Information
Any information that is required to be collected by us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the same, the provisions of the following laws/ rules/ guidelines/ regulations shall be applicable to the use of our Online Booking Channels:
i. The provisions of Information Technology Act, 2000 relating to processing of personal data and as may be amended from time to time;
ii. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.
Any information provided by you in case of any Booking made through our Offline Booking Channels shall also be kept confidential as per these Terms.
Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our Online Booking Channels and all intellectual property of the contents and information of and material on our Booking Channels are wholly and exclusively owned by and all right, title and interest solely vest in Aavsa. Intellectual Property shall include but not be limited to all developments, proprietary information, trademarks, trade names, logos, art work, slogans, service mark, domain name, brand name, know-how, processes, methods, trade secrets, designs and all other work in which copyright may subsist.
You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any Intellectual Property Rights in
the Online Booking Channels, you hereby irrevocably and unequivocally assign, transfer and set over all such Intellectual Property Rights to www.Aavsa.com.
Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our Intellectual Property Rights.
Access and Interference for booking made through online booking.
Aavsa grants you non-exclusive and non-transferable, limited permission to access and display the web pages within the Site and Application on your personal computer or other platform. Your failure to comply with the terms, conditions and notices on this website or Application will result in the automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Aavsa does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not copy any of the content from this website onto another website or in any other media. You hereby agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or Application or any transaction being conducted via this website or Application . You hereby confirm that no copying, reproduction, alteration, modification, creation of derivative works, or publicly displaying of any content will be done by you except with our prior written consent.
The information you provide to us shall not contain any viruses, including but not limited to, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information
Confidentiality
The Company takes all reasonable precautions to preserve confidentiality and prevent any corruption or loss, damage or destruction of the data and information provided by you, in keeping with industry standard practices. However, the Company reserves the right to collect statistical, anonymous and aggregate data based on your usage of the Site/Application, such information does not consist of any of your private and sensitive information (such as your name, address, phone number, etc.) or your financial information (such as payment details, bank account details, etc.), to understand user behavior and characteristics and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on the advertising banners.
The internet per se is susceptible to a number of frauds, misuse, hacking and other actions that could affect payment instructions/ other instructions to the bank through the payment gateway. The Company aims to provide security to prevent the same, however, there cannot be any guarantee from such internet frauds, hacking and other actions that could affect payment instructions / other instructions including result in delay or failure in processing the instructions. Therefore, we disclaim any liabilities to that effect.
The Company follows generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use industry best practices to protect your personal information, we do not guarantee its absolute security and disclaim any liabilities to that effect.
Limitation of Liability
The Guests understand and agree that Aavsa shall have no liability in the following situations and/or in any other similar situations:
a) In case of any accidents, fire, hazard, injuries or death(s) caused due to any reasons including but not limited to fights/ quarrels between two or more Guests or between Guests and caretaker of the Property or any other emergency situations at the Property caused by or to the Guests, caretaker or any third party.
b) If any illegal or hazardous activities are either committed by the Guests or any other person accompanying the Guests at the Property, Aavsa shall be not liable for any consequences arising from such activities.
c) In case of any criminal acts including but not limited to discrimination against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engaging in any abusive or disruptive behavior, theft, murder, kidnapping, criminal negligence, indulging in narcotics, prostitution, rave party, obscene acts committed by or to the Guest, any person accompanying Guest, caretaker, or any third party.
d) Aavsa shall not be liable for any kind of structural damages, cracks on the walls, leakages, seepage or any issues related to paint work, electronic devices in the Property, swimming pool, windows, doors, etc.
Aavsa shall not be responsible for any claim of damages or any liability, reported after the Check Out that may be caused to the Guests.
The Company expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use of the Properties.
Notwithstanding anything to the contrary contained herein or elsewhere, in no event will the Company’s or any of its shareholders’, directors’, employees’, agents’ total liability to the Guests for all damages, liabilities, losses, and causes of action arising out of or relating to (i) the Booking, (ii) the Guest’s stay at the Properties, (iii) the Guests use/enjoyment or inability to access or use the Services or Properties, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount (net of taxes) paid by the Guest in connection with Booking in relation to which the claim is made against the Company
Guest Issues
The guest must understand and agree that Aavsa with all the reasonable efforts provides and posts real pictures of the Property.
Guests agree and understand that Properties are in remote locations where certain smooth working of certain amenities may be challenging. During the Booking, if the amenities like decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems are not present as displayed in the pictures on our Booking Channels or are not functioning properly or if the Guests are not satisfied with cleanliness including but not limited to clean bedding, towels etc. or if the Guests come across issues related to insects, unpleasant odor, or any deficiency of services and amenities like electricity, gas, water, swimming pool, wifi, medical box, electronic appliances etc. at the Property, Guests shall bring the same to the notice of Aavsa in writing or via telephone or whatsapp and provide us with information (including photographs or other evidence) about the same within 8 hours from the check In time. Aavsa shall make its best efforts to resolve these issues . Guests understand that Aavsa shall not in any way be liable to refund or compensate the Guests in case the issues are not resolved despite the Company making reasonable efforts. The decision of Aavsa in all such matters will be final.
You understand and agree that any such issue must not have been directly or indirectly caused due to your action, omission or negligence.
In case the Property is occupied by some other visitors at the Check –In time of a particular Guest, Aavsa shall use their reasonable efforts to find and book you another Property which is reasonably comparable to the Property described in your original Booking in terms of size, rooms, features and quality.
Force Majeure
You understand and agree that Aavsa will not be liable for any loss or damage caused during the Booking and/or with respect to the use of this website and / or making any reservations if the same arises out of Force Majeure Event. Force Majeure Event shall mean shall mean any acts, events or accidents beyond control of Aavsa, including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, earthquake, compliance with any law or governmental order, rule or regulation, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic, any curfews, lockdowns or other similar local or national restrictions.
The Company shall not be responsible or liable in case you are unable to access, use or enjoy the Properties on account of a Force Majeure Event.
Termination
You understand and agree that Aavsa reserves the right to terminate your registration and / or terminate your right to use this website for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms and Conditions of Use. You further understand and agree that any such termination may be effected without prior notice to you and you acknowledge and agree that Aavsa may delete or deactivate your account immediately on detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms and Conditions of Use.
Dispute Resolution and Applicable Law and Jurisdiction
Any disputes, claims or differences between the Company and the Guests with regards to the Booking or in respect of any matters arising out of the Booking, shall be referred to arbitration of a sole arbitrator, whose decision shall be final and binding. The sole arbitrator shall be mutually appointed by the Parties. The Arbitration shall be held at Gurugram and shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration proceeding shall be conducted in English. Subject to the above arbitration provisions, the competent Courts in Gurugram shall have the sole and exclusive jurisdiction in the matter.
Assignment
Any Bookings made by the Guests are non-transferable and non- assignable. Notices
Any notices or other communications to be sent by Aavsa to the Guests, shall be in writing and shall be sent by Aavsa (i) via email (in each case to the address that the Guest provides) or (ii) by posting to the Site or via the Application. For notices/communications sent by email, the date of receipt will be deemed the date on which such email is transmitted.
You authorize the Company to call, send SMS and email or to contact you by any other similar means on the contact information (made available by you on the Website either at the time of booking, making an inquiry, making an application for any of the Services or otherwise), to offer you information about the Services you may have opted for or that you may be interested in. You authorize us to call, SMS or email or contact you by way of any other similar means for the mentioned purpose irrespective of whether you are registered with the NDNC registry.
We will also use your contact details information to: (i) send you information about the Services offered by the Company; (ii) to contact you through SMS and email for reminder notices, service request processing for the Services opted by you; and (iii) to keep you updated on the Content through our newsletters.
In the event you do not wish to receive such information, you may unsubscribe through the facility in the communications you receive.
Indemnification
By making a Booking, you assure and represent that the same has been made for private/residential and personal use and not for commercial purposes or for any other purpose. You expressly indemnify Aavsa and agree to keep Aavsa fully and effectively indemnified, saved, defended and hold harmless, from any loss or damage suffered by you on account of breach of the aforesaid assurance, including without limitation, any loss of profits, indirect loss, consequential loss, loss of income, damage to property, loss of reputation, etc.
Guests agree to indemnify and keep fully and effectively indemnified, saved, defended and hold harmless, Aavsa, its affiliates, contractors, employees, officers, directors and agents, from and against any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Guest use or misuse of the services or of our Booking Channels, any violation by you of the Terms and Conditions mentioned on this website, or any breach of the representations, warranties, and covenants made by Guests herein.
Feedback
Aavsa encourages you to provide feedback, comments and suggestions for improvements to the Site, Application and Booking Channels ("Feedback"). Submission of Feedback may be made by emailing us at aavsahospitality@gmail.com.
Waiver
The failure of Aavsa to exercise or enforce any right or provision of the Terms and Conditions mentioned on this website will not constitute a waiver of such right or provision.
Grievance Redressal
Aavsa makes its best efforts to provide the best quality of services. However, if any person has any grievance with respect to any Booking/stay / feature of the website, you may write to aavsahospitality@gmail.com. All grievances shall be dealt with as soon as possible.
Submissions
Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or information (collectively, the “Submissions”), which you may submit through or in connection with this website will become the exclusive property of Aavsa. Accordingly, you agree that we have the right to publish any Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, you agree that you will not transmit any Submission which infringes upon the rights of any third party. In case of any damage or injury to anyone by your submissions, you admit your liability and release Aavsa from any responsibility.
Modification
Aavsa reserves the right to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Miscellaneous
This website shall have the right to assign its obligations and duties as mentioned herein and in any agreement relating to any or all of its services to any person or entity.
In the event that any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be in force.
Grievance Officer
In case you have any questions or if you have any complaints with respect to the Services, you may contact our Grievance Officer, the details of which are as follows:
Email Id: aavsahospitality@gmail.com