User agreement between "User" and "WOWz STAYs"
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3. Acknowledgment & express consent for use of website and content
4. Limited Liability
5. Force Majeure
6. Security and account information
7. Financial details
9. Applicable law and jurisdiction
10. Our fee and payments
This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of WOWz STAYs a brand of WOWZ DIGITAL PRIVATE LIMITED.
Any person ("User") who inquires about or purchases any products or services of WOWz STAYs through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement.
The websites and the mobile applications of WOWz STAYs are collectively referred to as 'Website'.
Both User and WOWz STAYs are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
"WOWz STAYs" is a brand of WOWz Digital Private Limited working as an online and offline platform for providing reasonable and temporary properties/ accommodations (www.wowzstays.com). The Terms and Conditions are also applicable to all the Guests or customers who are making bookings for any hotels and resorts, guesthouse, lodge, cottage, room or other similar properties (“Hotel(s)/Resort(s)”) through any of our online channels like our website, our mobile application, third party website “Online Booking Channels” or third party application or through offline channels like any third parties, advertisements, referrals etc “Offline Booking Channels”. (Online Booking Channels and Offline Booking Channels herein after collectively referred as “Booking Channels” in these Terms and Conditions.)
Use of terms such as “we”, “us” or “our” refers to WOWz STAYs and use of terms “you”, “your”, “Guests” refers to the guests who makes a booking of Hotel(s)/ Resort(s) through our Booking Channels.
ELIGIBILITY TO USE
The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of WOWz STAYs. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the website.
WOWz STAYs reserves the right to terminate User’s access to and refuse to provide User with access to our Booking Channel if WOWz STAYs discovers that User is under the age of 18 years. Furthermore WOWz STAYs has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
Before using the Website, approaching any Sales Channels or procuring the services of WOWz STAYs, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with WOWz STAYs.
If the User does not agree with any part of this Agreement, then the User must not avail WOWz STAYs services and must not access or approach the Sales Channels of WOWz STAYs.
All rights and liabilities of the User and WOWz STAYs with respect to any services or product facilitated by WOWz STAYs shall be restricted to the scope of this User Agreement
Use of our Booking Channels for making a booking for Hotels/Resorts is available only to persons who can enter into legally binding contracts under the applicable law. Persons who are ‘incompetent to contract' are not eligible to use our Booking Channels for making of bookings for any Hotels/Resorts posted on our Booking Channels.
For the Guest to make a booking/ reservation through our Booking Channels, it is mandatory for Guests to posses a valid photo identification that may be needed at the time of booking and on check-in at the Hotel.The identification proofs acceptable are Aadhar Card, Driving License, Voter ID Card, and Passport. Without such scanned copy of valid ID the Guest shall not be allowed to make a Booking. PAN cards are not accepted as a valid ID card.
3. Acknowledgment & express consent for use of our website and content
Please read these Terms and Conditions of Use carefully and ensure that you understand them before you start using this website. If you are not agreeable to any of these Terms and Conditions of Use, please do not use this website. These Terms and Conditions of Use are subject to change and WOWz STAYs may, without prior notice to you and at any time, revise them and any other information contained in this website by updating these Terms and Conditions of Use. Please note that the restated Terms and Conditions of Use shall be effective immediately upon posting.
WOWz STAYs may also make improvements or changes in the services provided by it as described in this website at any time without notice. Therefore, you are advised to regularly check for any amendments or updates to these Terms and Conditions of Use. If the changes are not agreeable to you, you must stop using the website. Your continuous use of this website will signify your acceptance of the changed terms.
Except where additional terms and conditions are provided, these Terms and Conditions of Use 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 WOWz STAYs.
These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the "service(s)") are owned, operated and provided by WOWz STAYs a brand of WOWZ DIGITAL PRIVATE LIMITED (www.wowzstays.com) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out and listed under our website.
4. LIMITED LIABILITY
You understand and agree that WOWz STAYs is only an online and offline booking platform and has liability only in respect of any issues regarding booking of Hotel(s)/ Resort(s). WOWz STAYs shall not be held liable by any Guest in the following situations:
a) In case of any accidents, fire, hazard, injuries or deaths caused due to any incident between two or more Guests or between Guests and staff of the Hotel/ Resort, any other emergency situations on the premises of Hotel(s)/ Resort(s) caused by or to the Guests, 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 Hotel(s)/ Resort(s) and also WOWz STAYs 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, obscene acts, indulging in narcotics, prostitution or rave party committed by or to the Guest, any person accompanying Guest, staff, or any third party.
d) In case of poor condition of the Hotel(s)/ Resort(s) including but not limited to issues related to insects, leakages, structural damages, cracks on walls, unpleasant odor, or any deficiency of services and amenities like electricity, gas, water, swimming pool, wifi, medical box, electronic appliances etc. at the Hotel(s)/ Resort(s) or any other issues causing inconvenience to the Guest.
Any claims of damages by the Guests or their property should be immediately reported to WOWz STAYs and should be claimed before the Check Out. WOWz STAYs shall not be responsible for any claim of damages or any liability, reported after the Check Out that may be caused to the Guests.
Guests must clearly understand that the liability of WOWz STAYs in case of any damage done to the Guest or any person accompanying the Guest in relation to the services provided at the Property or by any person including but not limited to owner or his representatives/ employees (if found to be justifiable to have occurred on behalf of WOWz STAYs) shall be limited to and not in any case exceed the Booking Amount paid by the Guest. The final decision regarding claim of damage by the Guests shall be of WOWz STAYs.
5. Force Majeure
You understand and agree that WOWz STAYs will not be liable for any loss or damage with respect to the use of this website and/or making any reservations if the same arises out of Force Majeure or an Act of God or any other cause which is beyond the reasonable control of WOWz STAYs, including but not limited to, any event such as war, equipment and technical failure, electrical power failure or fluctuation, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, etc.
6. Security & account information
While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify WOWz STAYs immediately in writing of any unauthorised use of their password or account or any other breach of security. WOWz STAYs will not be liable for any loss that may be incurred by the User as a result of unauthorised activities on the account either with or without the User's knowledge. The User shall not use anyone else's account at any time.
User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.
WOWz STAYs keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., WOWz STAYs may at times verify certain information of its Users like their credit score, as and when required.
Additionally, WOWz STAYs may share your Personal Information in an anonymized and/ or aggregated form with a third party that WOWz STAYs may engage to perform certain tasks on its behalf or to fulfill the desired booking, including but not limited to payment processing, data hosting, data processing , credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.
WOWz STAYs adopts the best industry standard to secure the information as provided by the User. However, WOWz STAYs cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with WOWz STAYs may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
7. Your 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. WOWz STAYs 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.
Guests shall agree and understand WOWz STAYs shall not be liable in case of any claims by the Guests in case of any misuse of your confidential information such as name, address etc, credit card/ debit card details if the Booking made the Guests via Online Booking Channels is from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as internet-cafe(s), cyber-cafe(s) and other commercially available internet enabled computers or computer services.
The User agrees to indemnify, defend and hold harmless WOWz STAYs and its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and WOWz STAYs cannot be held responsible for the same.
9. Applicable law and jurisdiction
Our Booking Channels are created and controlled by WOWz Digital private limited having its registered address at Dharampur, Solan, Himachal Pradesh and shall be governed by the laws of India. The courts in Solan shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the services provided by WOWz STAYs on our Booking Channels including the prescribed terms and conditions.
10. Our Fee
WOWz STAYs reserves the right to charge certain amount as fees in the nature of convenience fees or service fees In addition to the cost of booking as charged by the Service Providers. WOWz STAYs further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
Any increase in the price charged by WOWz STAYs on account of change in rate of taxes or imposition of new taxes, levied by Government shall have to be borne by the User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, WOWz STAYs shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to WOWz STAYs. In cases where the short charge is claimed prior to the utilization of the booking, WOWz STAYs will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, WOWz STAYs will process the refund of the booking amount paid by the User and intimate the User about the same. WOWz is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. Any applicable refund will be processed as per the defined policies of the service provider and WOWz STAYs as the case may be.
The User agrees and understands that all payments shall only be made to bank accounts of WOWz STAYs only. WOWz STAYs or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of WOWz STAYs. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by WOWz STAYs or to any personal account of any person, WOWz STAYs shall not be held liable for the same. User shall not hold any right to recover from WOWz STAYs any amount which is transferred by the User to any third party.
The User will 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 WOWz STAYs. The User shall immediately inform WOWz STAYs if such details are demanded by any of its agents' employees or representatives. WOWz STAYs shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled 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 User through WOWz STAYs are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
WOWz STAYs provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, WOWz STAYs and third party Wallets, Gift Cards, EMI and more.
Use of our Booking Channels is at your sole risk. All information, listings and services are provided 'as is', with no warranties or guarantees whatsoever. WOWz STAYs expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations. Without limitation, WOWz STAYs makes no warranty or guarantee that our Booking Channels will be uninterrupted, timely, secure or error free. Information on our Booking Channels, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while WOWz STAYs makes its best effort to ensure accuracy of the information, data and general content, our Booking Channels may contain technical inaccuracies or typographical errors. WOWz STAYs assumes no responsibility for updating information on our Booking Channels to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, listings / accommodation(s) or other matters mention via Booking Channels of WOWz STAYs.