GUEST BOOKING TERMS AND CONDITIONS
Both Parties agree that a guest who pays for and books a service of either Party must agree to and follow certain terms and conditions. Outlined below are the terms and conditions on which guests may book a tourism product of either Party.
Dharma – Guest Rules & Service Agreement
This Agreement is entered into between you (the "Guest", "you" or "your") and Dharma Endeavours Private Limited and its Partners and Service Providers (collectively to be called "Dharma ", "we", "us" or "our", where Partners and Service Providers are defined as registered tour operators or other registered organizations providing tourism products or working in the space of enabling responsible tourism). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a "Booking"). This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host (where ‘Host’ is defined as any individual or group of individuals providing accommodations or immersive cultural experiences or other tourism services for which you have paid other than Dharma and Dharma Partners ).
You acknowledge and agree that by using Dharma in connection with your Booking and accepting the terms hereof, you have read, understood and agree to comply with and be bound by the Dharma ’ Terms of Service (the "Terms"), as published from time to time at www.dharmaendeavours.com, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.
1. GUEST RULES
1.1. You acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, you must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.
1.2. You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.
2. BOOKING SUMMARY
2.1 You will receive a Booking Summary as a result of your Booking of an Accommodation or Experience from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period ("Booking Period") set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
2.2 Dharma is not an agent of either the Host or the Guest.
2.3 You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
2.4 You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Dharma ("House Rules"), which may be modified or supplemented at any time in accordance with this Agreement and the Terms and which may be sent to you upon your Booking. By refraining from terminating this Agreement and your Booking after modification, you agree to be bound by any such rules and restrictions.
2.5 The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated "no access", noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Dharma.
2.6 Mutual Responsibilities: Both parties accept the booking of the other party on the understanding that we realise the potential risks and hazards that can be involved in travel of this kind, including injury, loss or damage to property, discomfort and inconvenience. They also accept the booking on the understanding that the safety facilities in India - in the vehicles, on the roads and at the tourist sites - often do not match those in other countries. Where the Guest does not suffer personal injury, both Parties accept liability should any part of the tour arrangements booked with the other Party not be supplied as described in the itinerary. However neither Party will accept liability for compensation should there be no fault on the part of its services or its suppliers and the reason for the failure in the tour arrangements was the Guest’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Party providing services or its suppliers even if due care had been exercised. Where the Guest does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same rules shall apply. Neither Party’s responsibility starts until the Guests meet the designated representative at the designated start point, usually the airport/bus or train station in the city at the start of the tour. Neither Party is responsible for any additional expenses incurred by the Guest in getting to the meeting point.
2.7 Nothing in these terms seeks to limit or exclude either Party’s liability if something they do or fail to do cause death or personal injury through their negligence or if they cause damage to Dharma Partners’ property and that cause is their fault. They are also not seeking to exclude or limit their responsibility for loss caused by the services not matching our description of them or our negligent performance of the services. Other than this liability which we have accepted, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are reasonably foreseeable to both of us at the time we enter into the contract with you. We shall not be held liable for any damages caused by the total or partial failure to provide the tour if such failure is:
− Attributable to the Guest or
− Unforeseeable or unavoidable and attributable to a third party unconnected with us or any of our sub-contractors; or
− as a result of unusual and unforeseeable circumstances beyond our control including but not limited to strikes, war, civil or political unrest or government action; or In addition, since the services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of our agreement. We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any travel services not provided by us, and which we could not reasonably be expected to be responsible for. Except for those areas for which we do not seek to exclude liability, our total liability to you is limited to twice the basic tour price per person shown on the invoice.
3. BOOKINGS, CANCELLATIONS AND ALTERATIONS
3.1 The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking by payment of Booking Fee in the mode acceptable to the Host /Dharma Endeavour. ("Confirmation of Booking"). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email / SMS.
3.2 Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply: For cancellation initiated by you before 8 weeks of guest arrival, a full refund of any deposit made or the full amount that may have been paid or as shown on account will be returned to the booking Party.
For cancellations initiated the booking Party by Dharma , less than 8 weeks before guest arrival the following cancellation charges will be applied:
- 1 Day (24 hours) before day of arrival: 0% refund of Final Price
- 2 (48 hours) Days before day of arrival: 25% refund of Final Price
- 3 to 5 days (72 to 96 hours before day of arrival): 50% refund of Final Price
- More than 5 days before day of arrival: 75% refund of Final Price
1. The Host has the right to cancel a booking at any time. Under the circumstance that the Host cancels your reservation you may contact Dharma to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality of the Accommodation). In the event Dharma is unable to assist in finding suitable alternative accommodations during the Booking Period, Dharma will assist you obtaining a full refund. Dharma shall have no responsibility or liability as a result of a cancellation of a booking.
2. It is a condition of your Booking that all of the House Rules , defined as those rules other than Guest Rules that are specific to each homestay or accommodation are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Dharma to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
3. In the event that the Accommodation becomes unavailable due to any event outside the control of the Host or Dharma (including, but not restricted to the following Force Majeure events: to strikes, war, civil or political unrest or government action for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the deposit will be refunded to you, but neither the Host nor Dharma will be liable to you for any further amounts in respect of the cancellation of the Booking.
4. FEES AND CHARGES
4.1 You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Dharma as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
4.2 The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Dharma are included.
4.3 By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Dharma to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Dharma may also charge you fees for certain services provided by Dharma as agreed by you under this Agreement.
4.4 Your prepayment will be collected and paid as set forth above under Booking, Cancellation and Alterations. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Dharma or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
4.5 In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Dharma is not responsible for any taxes as a result of any Accommodation.
4.6 Credit Card Authorization: When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.
5. CHECK-IN AND CHECK-OUT
The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then the following terms and conditions shall apply:
- If the check-in and check-out time is changed within 6 hours i.e. if the Guest arrives 1 to 6 hours prior to check-in time and stays between 1 to 6 hours later than the check-out time, then an additional charge of 50% of per night cost will be charged to the Guest.
- If the check-in and check-out time is altered by 6 hours or more i.e. if the Guest arrives more than 6 hours prior to check-in time and stays more than 6 hours later than check-out time, then an additional charge of 100% of per night cost will be charged to the Guest.
During this extended period of stay, you are also liable for any other damages, fees, costs or expenses incurred by the Host or Dharma , including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.
6. SAFETY AND CONDUCT
6.1 You have entered into this at your own risk and indemnify Dharma and its partners of any risks associated with travelling to your chosen destination. We shall not be held liable for any damages caused by the total or partial failure to provide the service if such failure is:
− Attributable to you or
− Unforeseeable or unavoidable and attributable to a third party unconnected with us or any of our sub-contractors or
− As a result of unusual and unforeseeable circumstances beyond our control including but not limited to strikes, war, civil or political unrest or government action or
- In addition, since the services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of our agreement.
We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any travel services not provided by us, and which we could not reasonably be expected to be responsible for. Except for those areas for which we do not seek to exclude liability, our total liability to you is limited to twice the basic tour price per person shown on the invoice.
6.2 You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Dharma and its Partners and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
6.3 If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Dharma and its Partners immediately. Your Host and Dharma will have access to the Accommodation at all times during your stay to address any such issues.
6.4 You must comply with the Terms of this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Dharma.
6.5 You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
6.6 The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
6.7 In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
- Keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
- Not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
- Not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
- If the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
- Not leave any obstruction outside of the Accommodation;
- Not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
- Not conduct any illegal activity from the Accommodation;
- Not conduct any business or commercial activity whatsoever from the Accommodation;
- Not make any alteration or addition whatsoever to the Accommodation or its contents;
- Not use the Accommodation for any purpose other than for personal accommodation; and
- Not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
6.8 You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
6.9 You hereby indemnify the Host and Dharma in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Dharma may be terminated in accordance with the Terms and this Agreement.
7. PROPERTY DAMAGE
7.1 A written or video inventory will have been taken prior to the commencement of your stay. You must notify Dharma within 2 hours of your arrival of any damageto the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
7.2 If you do not notify your Dharma of any such damage you will be fully responsible for such damage on a full replacement cost basis.
7.3 If you do declare any damage, then you are responsible for full replacement cost.
7.4 You have authorized Dharma to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied.
8. LIABILITY AND CLAIMS
8.1 Any claims made by you under this agreement must be made initially through Dharma and in accordance with the Terms. If you notify Dharma within 14 days after making such a claim through Dharma that, in your opinion, the dispute has not been satisfactorily resolved, then Dharma is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
8.2 The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favour of Dharma in the Terms applies hereto.
8.3 Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
8.4 Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Dharma and their respective agents or employees.
8.5 You agree to indemnify and hold Host and Dharma harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
8.6 If the Host or Dharma is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, you shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,
9.1 You agree that you have the power to enter into this agreement.
9.2 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that may be owed to you.
9.3 The Host will be entitled to assign or sub-contract their obligations under this Agreement.
9.4 The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
9.5 This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
9.6 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
9.7 These conditions are governed by and construed in accordance with the laws in the country of India. You agree to submit to the exclusive jurisdiction of the courts in the Bengaluru, Karnataka, India for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
9.8 If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
9.9 Dharma is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.
10. HOST AND GUEST SERVICES
10.1 Dharma may offer certain goods and services to Guests with respect to a Booking that are included in the Booking ("Host Services") and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform ("Guest Services"). This Agreement sets forth the terms and conditions of the Guest Services.
10.2 Dharma is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.
10.3 In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.
10.4 As set forth in the Terms, Dharma reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.
10.5 Host Services: Dharma provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary.
10.6 The following are Host Services that may be provided to you:
- Welcome to the Accommodation and key hand over;
- Cleaning of the accommodation before and during the stay;
- Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);
- Housekeeping (changing of linens); and
- Check-out and collection of keys.
Guest acknowledges and agrees that Dharma may provide the Host Services through one or more third party vendors in its sole discretion. Dharma agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Dharma makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.
11. GUEST SERVICES
We may offer you Guest Services set forth below from time to time in accordance with this Agreement.
The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:
- Concierge services (advice on the area, booking of third party events, reservations etc.);
- Food ordering;
- Any other services such as customized tours as requested by a Guest which we agree to provide from time to time.
Guest acknowledges and agrees that Dharma may provide the Guest Services through one or more third party vendors in its sole discretion. Dharma agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Dharma makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.
12.1 If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.
12.2 Guest hereby agrees to provide and maintain a current credit card or bank account information with Dharma , should Dharma request such information. Guest hereby authorizes Dharma to charge Guest’s credit card or bank account for any amounts owed by Guest to Dharma under this Agreement.
12.3 If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.
12.4 You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.
12.5 You understand that all prices charged to you for items subject to sales or use tax under applicable central, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax and/or a Goods and Services Tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.
12.6 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.
13. THIRD PARTY SERVICES
13.1 As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.
13.2 Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.
14, ADDITIONAL TERMS FOR GUEST SERVICES
14.1Equipment Hire. Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability. On hiring equipment for you we may charge, or direct the Host or Third Party Platform to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the Accommodation when you leave.
14.2 Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
14.3 Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.
15. TERM AND TERMINATION
15.1 Term. This Agreement is effective from the first date you use the Site.
15.2 Termination. This contract is specific and exclusive to members of Dharma. If your membership in Dharma is terminated for any reason whatsoever, this Agreement shall be terminated.
You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.
This Agreement is subject to the limitations of liability set forth in the Terms.
Guest agrees to defend, indemnify and hold harmless Dharma , its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders ("Indemnitees") from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Dharma under this Agreement other than those arising because of gross negligence or intentional misconduct by Dharma or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (4) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.
18. DISPUTE RESOLUTION AND ARBITRATION
18.1 Dispute Resolution Between You and the Host
1. In case of any damage made to the Dharma Stay, and which the Host feels may be the result of the your action, the following procedure is to be followed:
- The Host is to inform, in writing, to the Dharma Partner that the damage has occurred and that there is a dispute, before your departure,
- The Dharma Partner (included to mean their authorized representative) is to be brought in to mediate the situation and to check if the damage is due to wear and tear or due to your action,
- In the case that the Dharma Partner finds in favour of the Host, the same is to resolve the matter directly with the you, by requesting you to pay for the damages as per the cost as mediated by the Dharma Partner; the Dharma Partner is then requested to confirm, in writing of the details of this mediation and its satisfactory conclusion,
- In the case that the Dharma Partner feels that the damage was not caused by the you, the Host is to confirm this decision and its satisfactory conclusion in writing to you.
2. Any claims made by you under this agreement must be made initially through Dharma and in accordance with the Terms and laid out herein that you agree to upon booking with Dharma. If you notify Dharma within 14 days after making such a claim that, in your opinion, the dispute has not been satisfactorily resolved, then Dharma is authorized to provide the Dharma Partner’s details to you so that you may thereafter pursue the claim directly with the Host.
18.2 Dispute Resolution between You and Dharma and its Partners
1. Arbitration: In the event of any dispute or difference between you and Dharma and its Partners arising out of or connected with this Agreement, either party prior to initiation of any proceedings under this Agreement, shall promptly give a written notice to the other Party through Registered Post Acknowledgement or E-mail, setting out in clear and concise language, the relevant facts, nature and circumstances of the dispute, relief sought including any amount claimed (‘Notice of Dispute’).
2. Upon receipt of a Notice of Dispute, Parties to the dispute shall select and appoint their representatives within fifteen (15) days from the day on which Notice of Dispute have been sent by one Party to the other Party. The said representatives shall meet as and when necessary from time to time and use their best efforts in good faith to reach a reasonable and equitable resolution of the dispute and produce written terms of settlement. If the representatives of Parties to the dispute are unable to produce written terms of settlement and resolve the dispute within thirty (30) days of receipt by the concerned parties a Notice of Dispute, then dispute shall be immediately referred for resolution by good faith negotiations between the authorized legal representatives ofboth parties. If the said legal representatives are also unable to resolve the Dispute within forty five (45) days of the disputes being referred to them for resolution, then either Party may submit such unresolved dispute(s) to be finally settled by arbitration.
3. The arbitral tribunal shall consist of a sole arbitrator to be appointed mutually by the Parties in dispute or in the absence of such agreement, by the High Court of Bangalore on presentation of an application by either Party to the dispute.
4. The award of the sole arbitrator shall be final and binding upon the parties. The award shall be made with reasons.
5. The Venue of arbitration shall be Bangalore and language of arbitration shall be English.
19.1 Successors and Assigns. This Agreement shall benefit Dharma , its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Dharma , but may be freely transferred, assigned, or delegated by Dharma .
19.2 Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
19.3 Waiver. If Guest breaches any term of this Agreement and Dharma decides to take no action or neglects to do so, then Dharma will still be entitled to take action and enforce our rights and remedies for any other breach.
19.4 Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
19.5 Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
19.6 Notice. All notices and other communications under this Agreement shall be provided as set forth in the Terms.
19.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws in the country of India.