Terms & Conditions
StayVista Private Limited is an online and offline platform for providing reasonable and temporary properties/ accommodations, operating in the brand name “StayVista”. Below Terms and Conditions are applicable to all the Guests or customers who are making bookings for villas or service apartments through any of our online channels like our website, our mobile application, third party website or third party application or through offline channels like any third parties, advertisements, referrals etc. Please read these Terms and Conditions carefully and ensure that you understand them before you start making a Booking through our Booking Channels. These Terms and Conditions becomes applicable to the Guests who make a Booking through any of the Booking Channels and also to the Guests making any queries related to any Booking made through our Booking Channels. These Terms and Conditions are subject to change and StayVista may, without prior notice to you and at any time, revise them and any other information contained in any Booking Channel by updating these Terms and Conditions. Please note that the restated Terms and Conditions shall be effective immediately upon posting. StayVista may also make improvements or changes in the services provided by it as described in Booking Channels at any time without notice. Therefore, you are advised to regularly check for any amendments or updates to these Terms and Conditions.
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 StayVista. If you are not agreeable to any of these Terms and Conditions, please do not use our Booking Channels to make a Booking through StayVista.
For the purpose of online as well as offline bookings made through our platform, the terms used in these Terms and Conditions have the following meaning:
(a) “StayVista Private Limited” or “StayVista” is the company which is offering residential properties such as villas and service apartments for short term rentals to Guests or Customers under the brand name StayVista. It shall also be referred to as StayVista, we, our and us in given context.
(b) “Properties” means and includes villas and service apartments which are leased by StayVista from their owners, where StayVista and owner have Lessee - Lessor relationship. It also includes the non - leased villas and service apartments which are taken by StayVista on short term basis.
(c) “Guests” refers to the guests who make a Booking of Properties through our Booking Channels. Guests may be referred to as you, your in given context.
(d) “Online Booking Channels” shall include our website, our mobile application third party website or third party application.
(e) “Offline Booking Channels” shall include any third parties like travel agents, advertisements etc.
(f) “Booking Channels” shall mean and include Online Booking Channels and Offline Booking Channels collectively.
(g) “Booking” means short term renting of Property by StayVista to Guest for purpose of temporary stay.
(h) “Guest Issues” as mentioned in clause 21.
(i) "Check-In" is the scheduled date and time from and after which Guests can start staying using the 'Property'.
(j) "Check-Out” is the scheduled date and time on which duration of stay of Guests end and they will be restricted from using / staying in the Property for any further time.
(k) “Booking Period” is the period between scheduled Check-In and scheduled Check-Out. i.e. Period which start at scheduled Check-In and end at scheduled Check-Out.
(l) “Booking on Hold” shall mean that for the convenience of Guests, unless instructed otherwise in writing by Guests, on receipt of deposit towards Advance and Security from Guests, Stay Vista shall hold said Booking in confirmed but in Hold status for Guests, pending receipt of promised balance amount of Booking on specified dates. During 'Rental on Hold' status, Stay Vista is foregoing alternate revenue generation from subject Property for said Booking Period by not accepting rental for said Property for said Booking Period from other Guests'. Though, Booking is confirmed and held for Guest, Guests cannot use the Property or Check-In unless he / she deposits total Booking Amount by specified due dates.
(m) “Booking Confirmation” means that on receipt of total amount of deposit due towards Booking Amount from Guests, StayVista confirms that Guests can now use and Check-In at the Property for the period of their stay in the Property. On receipt of total amount of Booking, StayVista shall issue a formal Booking Confirmation to Guests which is required to be produced by Guests at Property at the time of Check-In. she deposits total Booking Amount by specified due dates.
(n) “Booking Offer” is offer of Booking of Property made by StayVista to Guests, at the request of Guests giving all details of Booking including terms & conditions governing Booking offered by StayVista.
(o) "Advance" is the non-refundable amount required to be deposited by Guests with Stay Vista as deposit for securing a confirmed Booking of the Property. This deposit is sought to protect StayVista against loss of revenue in case Guests cancels the Booking or if Guests does not pay due amounts at Check-out.
(p) "Security Deposit" is the amount required to be deposited by Guests on case to case basis with StayVista as deposit to secure StayVista and/or owner of the Property against damages to Property and/or contents therein caused by Guests or their pets and/or for recovery of any other charges levied by StayVista on Guests.
(q) “Peak Days” includes long weekends, festive dates including but not limited to Diwali, New Years, Christmas etc.
Acknowledgement and Express Consent
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 StayVista 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. StayVista 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 StayVista.
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 www.stayvista.com or www.vistarooms.com and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
Use of our Booking Channels for making a Booking of Property is available only to persons who can enter into legally binding contracts under the applicable law. Persons who are ‘incompetent to contract' within the meaning of the Indian Contract Act, 1872 are not eligible to use our Booking Channels for making a Booking for a Property through our Booking Channels.
Access and Interference for booking made through online booking.
StayVista grants you non-exclusive and non-transferable, limited permission to access and display the web pages within this website on your personal computer or other platform. Your failure to comply with the terms, conditions and notices on this website will result in the automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, StayVista 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 mirror any of the content from this website on 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 the Site or any transaction being conducted via Site. You hereby confirm that you no copying, reproduction, alteration, modification, creation of derivative works, or publicly displaying of any content will be done by you except by our prior written consent or the appropriate third party.
The information (including 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.
Description of Services Provided by StayVista
StayVista serves as an online as well offline platform that offers an efficient, reliable and convenient mechanism for only locating hotels and resorts at affordable prices. StayVista also hosts content provided by and on behalf of the hotels and resorts such as general information about the hotels and resorts, photographs, amenities, etc. You understand that StayVista is only a facilitator in helping the customers locating suitable hotels and resorts and not the owner or lease holder of the Hotel(s)/ Resort(s). Thus StayVista shall not be responsible or liable for any deficiency of service, lack of amenities at the Hotel(s)/ Resort(s) or if the Hotel(s)/ Resort(s) posted on our Booking Channels do not match in real as shown in the photographs on the Booking Channels or on the website of the Hotel(s)/ Resort(s).
It is hereby further clarified that Hotel(s)/ Resort(s) owners are separate and independent entities and StayVista does not work as representative or agent of the Hotel(s)/ Resort(s) or its owner(s).
It is hereby further clarified that certain Hotel(s)/ Resort(s) do not allow pets in the Hotel(s)/ Resort(s) premises. Moreover some Hotel(s)/ Resort(s) may deny entry of visitors to rooms. Please confirm about such queries with the concerned Hotel(s)/ Resort(s) before making the booking/ reservation.
By making a reservation/booking at the listed Hotel(s)/ Resort(s) the Guests enters into commercial/ contractual terms as offered by and agreed to between Hotel(s)/ Resort(s) and the Guest alone.
StayVista does not implicitly or explicitly support or endorse any of the Hotel(s)/ Resort(s) listed on our Booking Channels. StayVista accepts no liability for any errors or omissions on behalf of third parties.
Guests shall understand that in some Hotel(s)/ Resort(s), due to local conditions, unmarried/unrelated couples do not be allow to book room or Check-In the Hotel(s)/ Resort(s). Hotel(s)/ Resort(s) can deny entry to the Guests posing as a couple if suitable proof of identification is not presented at the time of Check-In. StayVista in no circumstance shall be responsible for any claim in such denial.
Accuracy of Content
StayVista has taken every precaution in the preparation of the content of Booking Channels, website and mobile application in particular to ensure that rates quoted are correct at the time of publishing and all details have been accurately described. To the extent permitted by applicable law, StayVista disclaims all warranties, express or implied, as to the accuracy of the information contained on the Booking Channels. You understand and agree that StayVista shall not be liable for any typographical, technical or any other kind of errors on the Booking Channels. The information provided by Online as well as Offline Booking Channels is often provided by third parties such as the villa owners, service apartment owners, referrals etc. StayVista does not guarantee the accuracy of the information.
To provide complete comfort to the Guests, StayVista also provides arranges additional services like Cook, Chef, cleaner, Vehicle hire etc. by outsourcing such services from third party vendors on request of Guests.
Guests shall understand and agree that such services are not part of Booking Amount/ Advance/ Security Deposit paid by the Guests. Such services are arranged by StayVista, on behalf of Guests and shall accrue additional charges. These additional services are provided by StayVista solely for the convenience of Guests without any commitment or obligation of any kind whatsoever on part of StayVista.
StayVista shall put in their best efforts to find and arrange reliable and proficient vendors of high integrity for providing such services to Guests. However, such vendors are not part of Stay Vista and StayVista has no control over their reliability, integrity or quality of services provided by them to StayVista. StayVista shall not be held responsible in any way whatsoever for reliability, integrity and quality of services provided by such vendors or for any issues, of whatsoever nature, kind or type, arising on account of such vendors or services provided by them or any acts of omissions and commissions on part of such vendors. In arranging such services, StayVista acts only as collecting agent to collect charges for such services on behalf of the vendor of such services from Guests.
Guests shall not be responsible or liable in any way whatsoever to pay any refund of any kind or compensation any kind or of whatsoever nature to Guests on account of any deficiency in services provided by such vendors or any acts of omissions and commissions on part of the such vendors or for any other issues arising because of such vendors.
The rates mentioned by StayVista Booking Channels are highly competitive, non-negotiable and are subject to change without prior notice. All rates mentioned by the StayVista Booking Channels are per room and/or as per property basis for your stay. These rates for the Property may include applicable taxes (if any) depending on the type of Property. It is possible that the rates indicated on this Online Booking Channels may be inaccurate due to technical or typographical errors or are subject to change in the event of any statutory decision on the same. In the event that such an error occurs or if there is any variance beyond the control of Stay Vista, StayVista reserves the right to correct the same. Please note that in such a case, incorrect and erroneous rates will not be enforceable against StayVista.
All special offers and promotions are marked as such. StayVista reserves the right to vary the terms of the special offers and promotions based on market economics or upon the request of any of the hotels
Right of Admission and possesion of Property
In case of Properties leased by StayVista, possession of such villas shall always lie with Stay Vista and alone and no one else. In case of non Leased Properties, possession of such Properties rented by owner of the Properties shall always lie with owner alone and no one else. It is categorically stated and accepted by Guests that Guests shall not be in possession or claim to be in possession of any of the Properties booked by him or her at any time whatsoever.
In case of Leased Properties, StayVista reserves absolute and unconditional rights of admission to such Villa, and In case of non leased Properties owner and StayVista, on behalf of owner, jointly reserves absolute and unconditional right of admission to such Properties.
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. In case the Guests do not comply with the prescribed requirements, no refund against deposits paid by Guests or compensation of any other kind or of whatsoever nature or amount shall be claimable by Guests or due or payable by StayVista or owner to Guests or anyone else.
(a) Guests must provide Booking Confirmation issued by StayVista, or in case Booking is made through or by any referral, Booking Slip issued by StayVista.
(b) In compliance to the Government security regulations, every adult Guest, coming to reside at rented property as result of rental arrangements, is mandatorily required to provide verifiable copies of government issued photo IDs, along with original photo IDs for verification as well as copy copies of photo IDs of entire Party, at least 15 days before check-in.
(c) Guests shall enter name, address and other details of every member of Party, including children, in the Guest Register kept at Property.
In case StayVista came across of some incorrect and misrepresented information provided at the time of Booking, by any Guest or at any time, StayVista shall forthwith revoke Booking, the Guests shall be refused entry to Property and if Guest along with other Parties has already Checked-In, they shall be evicted from the Property by StayVista or by the owner or any of the representatives of the owner. In such case the Guest along with any Party shall not be refunded any Deposits/ Advance or paid any compensation of any kind or nature by StayVista or owner of the Property.
The total number of Guests along with visitors of the Guests shall not at the time of Check In during their stay at the Property exceed the number as stated at the time of making the Booking. This number is strictly controlled as per desire of the owner of Property to prevent excessive wear and tear and damage to Property caused due to very high occupancy. StayVista reserves the rights to refuse Check-In or evict the Guests from the Property if the Check –In has already been made without any recourse whatsoever to refund of Deposits/Advance paid by Guests or payment compensation of any kind or nature or on any account whatsoever by Stay Vista. StayVista may permit, at its sole discretion, additional persons on charging additional amount. No additional persons will be allowed unless a written acceptance is issued by Stay Vista.
StayVista reserves the right to charge and add any additional (reservation or facilitation) fees without any prior notice to the Guests. The reservation or facilitation fees charged shall be calculated taking into factors including, but not limited to, the Booking Amount, the length/ duration of the Booking by Guests, and characteristics of the Property etc. Also StayVista reserves the right to charge different fee for its services to different Properties.
While using this website, you acknowledge that you fully assume the risks of the transaction and you further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the accommodation that is the subject of the transaction(s).
The accommodation providers understand and agree that:
a. all reservations that are made on StayVista are a contract between the individuals and the accommodation providers. StayVista is in no way responsible or liable for the transactions made between individuals and Accommodation Providers;
b. transactions occurring over the Internet involve inherent risks such as hacking, phishing, uploading of fraudulent schemes, targeted maligning, etc.;
c. accommodation providers are solely responsible for accurately describing the accommodation being provided along with services and amenities that they are providing along with the accommodation;
d. StayVista reserves and retains the right to suspend or stop the listing of any third party at any point of time for any contravention of the Terms and Conditions of Use and / or for any breach of the terms agreed to by the third parties at the time of listing with StayVista without prior notice.
Third Party Involved
You understand and agree that the accommodation listings displayed on this website are provided / sold by third parties. StayVista may not be able to control the transactions and / or the acts and / or omissions of such third parties in such transactions. When you choose such accommodation on the website, the following additional terms and conditions will become applicable:
a. StayVista is not responsible for any non-performance or breach of any contract entered into between you and the third party. StayVista cannot and does not guarantee that the third party will perform any transactions concluded on the website.
b. StayVista does not implicitly or explicitly support or endorse any of the accommodations listed on this website. StayVista accepts no liability for any errors or omissions on behalf of third parties.
c. You release and indemnify StayVista and/or any of its employees, officers, and representatives from any cost, damage, liability or other consequence of any of the actions of the third parties on this website and / or arising out of utilizing the accommodation and specifically waive any claims that you may have in this behalf under any applicable law. StayVista will take all reasonable efforts in this behalf but it cannot control the information provided by the third parties and made available on this website.
d. Please use caution and common sense when using this website and making reservations.
e. By making a reservation, you assure and represent that the same has been made for private and personal use and not for commercial purposes or for any other purpose. In view of the aforementioned, you expressly indemnify StayVista 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
Link to Another Websites
The website may contain links to other third party websites and web pages. StayVista 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 StayVista has no control over such websites in any manner whatsoever.
Once you share your contact details on the website, you agree to opt-in to receive promotional content from StayVista on WhatsApp, email, push notifications, and SMS. StayVista 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. StayVista reserves the right to alter, or withdraw any promotional scheme at any time without any prior notice.
Booking Offer, is a document giving significant details of Booking by Guests and offered by Stay Vista including Terms & Conditions governing Bookings, name of Guests, Check-In and Check- Out details, name of Property, number of rooms in Property being booked, total number of persons along with Guests permitted to Check-In and use the Property, Booking Amount payable, Advance and Security Deposit amount payable and specified due dates by which they are required to be deposited etc.
Guests shall understand and agree that making payment towards depositing Advance and/or Security Deposit (depending on case to case basis as decided by StayVista) or Booking Offer shall clearly construe and mean that Guests have read and accepted all the details of Booking and found them to be correct and has unconditionally accepted to abide by Terms & Conditions governing the Bookings of the Property stated herein.
Guests shall understand and agree that issuance of Booking Offer does not ensure that Booking of Property is confirmed for Guests. Booking will be confirmed purely on first cum first serve basis. The Guests who amounts towards Advance and/or Security Deposit (as the case may be) are received first for the said Property for subject Booking Period shall be given priority.
The Booking Offer shall stand canceled, withdrawn and null and void, if total amount as required towards Advance and/or Security Deposit are not received by StayVista by specified due dates.
Booking on hold
The Guests shall agrees and understands that StayVista on accepting the amounts towards Advance & Security Deposit shall put the Booking in ‘”Booking on Hold” status i.e. the said Booking will be treated by StayVista as confirmed for Guests subject to receipt of entire amounts towards Advance & Security Deposit by specified due dates.
During the time the “Booking on Hold” status, StayVista will not be accepting any other Booking for the said Property for that particular Booking Period from other Guests, thereby forfeiting all other alternate revenue opportunities which may accrue to StayVista from the Property for the subject Booking Period.
Booking Confirmation intimation, which is necessary for Checking-In shall be processed and issued to Guests only after StayVista receives entire Booking Amount inclusive of Security Deposit and Advance from Guests. The entire Booking Amount shall be paid by the Guests seven (7) days prior to the Check- In by the Guests.
Check-in(Start of Booking) and Check-out(End of Booking) Timing
Check-In: Check-In Time shall be as specified in relevant Booking Confirmation and shall be strictly adhered to. StayVista recommends and encourages Guests not to arrive at Property before stated Check-In time. We once again emphasis that Properties offered by StayVista on rental basis are residential Properties and are not hotels and do not have waiting area or lobby to accommodate the Guests arriving before Check-In time. If Guests reaches and enters Property before stated Check-In time or before the time agreed in writing by StayVista, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of total Booking Amount payable by him.
Check-Out: Check-Out time shall be as specified in relevant Booking Confirmation and shall be strictly adhered to. If an alternate Check-Out time is approved by StayVista, it shall be clearly communicated in writing on the Booking Confirmation. Guests will not be permitted to occupy or stay at Property beyond Check-Out time stated on Booking Confirmation. If the Check-Out is delayed by Client for whatever reasons, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of his total Booking Amount payable by him.
Advances and Deposits by Guests.
For securing Booking, Guests have to deposit anon refundable amount specified as “Advance”, by specified date, as a security towards protecting StayVista and/or against loss of revenue and lost efforts in case Guests cancels Booking.
Further, in case such Advance amount is not received by the specified date, Booking Offer and/or Booking on Hold shall stand cancelled and whatever amount received as Advance shall be refunded subject to cancellation policy of StayVista.
The Guests shall deposit an amount equal to “Security Deposit” by specified date by Stay Vista for securing proper and safe use of Property depending on case to case basis. This Security Deposit amount shall be used to cover up any loss or damages caused to Property including but not limited to damages caused by pets, due to any cleaning required on demand of Guests, resetting of furniture, extra service calls beyond duty timings etc. by Guests.
The Guests shall be responsible to check and report any damage to Property or its equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, etc. therein within 90 minutes of Check-In. If the Client fails to report any of the damages after such specified time period, such damage shall be deemed to have occurred during stay of the Guests and Guests shall be held responsible for such damages and resulting charges thereof. Guests shall be responsible to reimburse to StayVista for any such damage / breakage caused by Guests to the Property or any of things attached to it such as equipments, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, etc. during their stay without demure.
Guests shall use the Property, including its equipment, appliances, cutlery, crockery, utensils, furniture, fittings etc. therein with utmost care and without causing any intentional, unintentional or accidental damage to them. At the time of Check-Out, Client shall leave the Property in good order and reasonably clean condition except normal usage.
The Guests shall agree and understand that in case any damage or breakage is caused to single item forming a set unless an identical replacement can be found. e.g. If a glass in a set of 6 glasses is broken / chipped, Client will be responsible to replace all 6 pieces of the set, if upholstery of a sofa damaged, Client will be responsible for replacement of upholstery of all the sofas. Further, StayVista shall get such repairs/replacement of damages done on behalf of the Guests.
Without prior consent of StayVista 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. Any act of such nature may result in forfeiture of total Security Deposit without recourse.
The Guests understands and agrees that StayVista cannot immediately inspect Property at the Check-Out time of the Guests as there may be multiple rooms and facilities to be inspected and the same cannot be inspected for damages in such short time. The inspection for damages shall be done by StayVista in the intervening time between Client's Check-Out and next Check-In. Thus, refunding of Security Deposit after adjusting any recoverable, if any, cannot be done immediately on Check-Out and refunds against Security Deposit cannot be made at the time of Check-Out. StayVista shall make an effort to refund the balance Security Advance as soon as possible, subject to maximum of 30 days from date of Check-Out. After the inspection, the assessed cost of repairs / replacement shall be communicated to Guests for their information. The assessment cost of repairs / replacement arrived at by StayVista shall be final and binding on Guests and Guests shall have no say in the matter and StayVista shall have no obligation to take any prior approval from Guests for its assessment of repair/ replacement to be done.
If the amount of repair/ replacement of equipment, appliances, furniture, fittings, furnishing, finishing and artifacts etc exceeds the amount of Security Amount, the excess amount shall be notified to Guests, and Guests shall be liable to pay the same, without demure, within 7 days of such demand being raised by StayVista. Any refund due against Security Deposit shall be made through a check or bank transfer in favour of Guests as per the account details provided by the Guests.
The Guests shall understand and agree that they shall leave and Check Out from the Property in a reasonably clean state and make sure that appliances & equipment e.g. air conditioning, heater, lights, fans etc. are turned off and furniture returned to their original locations. Failure to comply with the above shall result in extra cleaning charges plus applicable taxes.
Booking Terms for Accomodation Providers
If you are an Accommodation Provider and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by StayVista in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you the necessary details of the person requested the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by StayVista for the requested booking will be refunded to that person’s credit or debit card and any pre-authorization of such credit or debit card will be released. When you confirm a booking, StayVista will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Cancellation of Booking on Hold
When Booking is in Booking on Hold status as described herein elsewhere, if the total Booking Amount is not received by StayVista by specified due dates, as a result of this default on part of Guests, the said Booking shall stand cancelled, as per the standard cancellation policy of Stay Vista.
Notwithstanding what is stated herein, StayVista is entitled to the right of cancelling Booking kept in Booking on Hold status at any time before dates specified for receipt of Advance and Security Deposit if the total amounts of Advance and Security Deposit are not received by Stay Vista at the time StayVista initiates such cancellation.
StayVista shall not be required to give any reasons whatsoever for such cancellation. In case of such a cancellation, StayVista shall be responsible and liable only to intimate the Guests of cancellation and to refund partial amounts of Security Amount received by StayVista till the date of such cancellation wherever applicable and on a case to case basis.
StayVista shall not be responsible or liable for any consequential damages suffered or claimed by Guests. Guests shall not have any cause or rights whatsoever to challenge such cancellation by StayVista.
Once Booking is Confirmed, StayVista shall issue confirmation “Booking Confirmation” intimation to Guests, which entitles Guest to Check-In subject Property on the dates of Booking. Guests will not be permitted to Check-In the Property unless a Booking Confirmation is issued to Guests by StayVista and Guests produces the same at the time of Check-In.
Booking Terms for Individuals
The Accommodation Providers, not StayVista, are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you choose to enter into a transaction with an Accommodation Provider, you agree and understand that you will be required to enter into an agreement with the Accommodation Provider you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Accommodation Provider. You acknowledge and agree that you, and not StayVista, will be responsible for performing the obligations of any such agreements, and StayVista is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
The various modes of payment permitted by StayVista are as follows:
- Payment by Cheque
You may have an option to make payment by cheques. Guests agree that the payment by cheques shall be cleared before the Check-In date.
- Credit Card/Debit Card.
Payments may be made using Visa, MasterCard and American Express credit cards, debit cards or any other card mentioned in the Booking Channels from time to time. To pay using your credit card or debit card to make payments online you will need your card number, the expiry date of the card and the three-digit CVV number of the card.
- Net banking
You may also avail your bank's internet banking services to make payments on this website. Any charge levied by banks or payment gateway is independent and have no connection with Stay Vista. StayVista shall have no liability in case of any charge levied by banks or payment gateways.
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. StayVista 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.
Damage to Property
As a Guest, you are accountable for parting the Property in the condition it was in when you Checked-In. You are liable for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide right of entry to, the Property.
In case of Non Leased Property, if the owner of the Property claims and provides evidence that Guests have damaged Property or any personal or other items at Property, the owner can escalate such damage claim to us, StayVista may act as a mediator on case to case basis and Guest shall cooperate and provide correct and true information when you will be given an opportunity to respond. In case you don’t respond the damage claim as requested by the owner or StayVista, StayVista shall be free to take appropriate legal action against you.
Pets shall be allowed on a particular Property or not, it shall be solely based on the discretion and permission of StayVista. Such approval will be clearly indicated on Booking Confirmation issued to Guests. Such permission shall be subject to payment of a non-refundable Pet Fee. Guests, including Party and visitors, who bring pets to Property without StayVista's prior written approval or if the Guests bring pets other than the one whose specific approval is granted, such pets shall not be allowed to enter the Property and if Guests have already Checked-In, they will be evicted by StayVista from Property. In such a case, Guests or any visitor shall be without recourse to any refund of any deposits paid or whatsoever other amounts paid or any other compensation.
Pets, when allowed by StayVista, must be kept on Property and should always be in company and control of Guests. Guests shall be solely and entirely responsibility to ensure that pets do not soil, spoil or damage Property, and other equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc in the Property. The Guest shall be responsible for ensuring that the pets do not create any nuisance to neighbors in any manner whatsoever, including but not limited to barking.
Specific and General Breach
Breach of any of the clauses stated under "Safety and Prohibitions" herein above, shall result in automatic and immediate termination of Booking and will also result in immediate eviction / removal of Guests from Property and immediate forfeiture of entire Advance or any other amounts paid by Guests without recourse whatsoever to any refund of amounts paid or deposited by Client.
Any breach or violation of any of these Terms & Conditions stated herein by Guests shall render Booking to be terminated and Guests shall be liable to be immediately evicted from Property and shall result in forfeiture of entire Advance or any other amounts paid by Guests without recourse whatsoever to any refund of amounts paid or deposited by Guests, notwithstanding whether the individual clause or clauses being breached refer to “non refundable” nature for the breach or not.
Cancellations and Refund
Safety and Prohibitions
a. Guests shall understand and agree that Property booked by the Guests is a residential property with other persons living around. It is imperative that conduct of the Guests shall in no way disturb the tranquility, peace and modesty of the neighbors.
b. Property booked by the Guests shall be used only for the purpose of stay and not for any other purpose.
c. The Guests shall not cause any nuisance to property of neighbors.
d. The Guests shall not have more number of persons than number specified at the time of Booking.
e. In order to avoid disturbance to the neighbors the Guest shall take care of the noise level and take care that no loud music is played around poolside, garden, compound, balconies or terraces etc. or any outdoor area that would cause disturbance to neighbors or cause any kind of nuisance.
f. The Guests shall not use Property for committing or conducting any unlawful act or immoral activity, StayVista and the owner or any of the representatives, employees, relatives or agents of the owners hall in no way be responsible or liable for such acts on behalf of the Guests.
g. The Guests shall not possess or consume any prohibited drugs or organize ‘any rave parties in or around Property’. Breach of this condition will result in immediate lodging of a Police Complaint by StayVista against Guests.
Confidentials and Personal Data/Information
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(Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
iii. 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 reservation/ Booking made through our Offline Booking Channels shall also be kept confidential as per these Terms and Conditions. But StayVista shall not be responsible for any misuse or unlawful use of your personal information by the owner or any of his representatives.
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 (Intellectual Property)are wholly and exclusively owned by and all right, title and interest solely vest in StayVista. 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. We possess the right to edit, copy, add to, take from, adapt, alter and translate the Intellectual Property.
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.stayvista.com.
Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our Intellectual Property Rights.
Disclaimer of Warranty
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. StayVista expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations. Without limitation, StayVista 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 StayVista makes its best effort to ensure accuracy of the information, data and general content, our Booking Channels may contain technical inaccuracies or typographical errors. StayVista 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 Stay Vista.
Limitation of Liability
Guests understands and agrees that StayVista is only an online and offline booking platform and the extent of liability of StayVista will be as follows in the following situations:
a) In case of any accidents, fire, hazard, injuries or death(s) caused due to any reasons including but not limited tosome fights/ quarrel between two or more Guests or between Guests and caretaker of the Property,or Guests and owneror any other emergency situations on the premises of Property caused by or to the Guests, owner, 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 and also StayVista 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, owner, caretaker, or any third party.
d) StayVista 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.
Any claims of damages by the Guests or their property should be immediately reported to the StayVista and should be claimed before the Check Out. StayVista 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 StayVista 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 StayVista) shall be limited to and not in any case exceed the Booking Amount paid the Guest. The final decision regarding claim of damage by the Guests shall be of StayVista.
The guest must understand and agree that StayVista with all the reasonable efforts provides and posts the realistic pictures of the Property.In case the description or depiction of the Property is materially inaccurate with respect to size of the Property as per the Guests, Stay Vista shall not be held responsible or liable.
During the Stay of 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 “Guest Issues”, Guests shall bring the Guest Issues to the notice of StayVista in writing or via telephone or whatsapp and provide us with information (including photographs or other evidence) about the Guests Issues within 12hours from the Check In time of the Guest. StayVista shall make its best efforts to resolve these Guests Issues but it shall not be held responsible or liable if the Guest Issues are not resolved in due time. Guests shall agree that StayVista shall not in any way be liable to refund or compensate the Guests in case the Guest Issues are not resolved. The decision of StayVista in all such matters will be final.
You understand and agree that such Guest Issue must not have directly or indirectly caused due to your action, omission or negligence and you have made reasonable efforts to try to remedy the circumstances of the Guest Issue prior to making a claim for a Guest Issue.
Guests shall understand and agree that in case a Guest Issue is brought to our notice after 12 hours of the start of your Booking it shall not be entertained.
In case the Property is occupied by some other visitors at the Check –In time of a particular Guest, StayVista shall use their reasonable efforts to find and book you another Property for which is reasonably comparable to the Property described in your original Booking in terms of size, rooms, features and quality. The decision of StayVista shall be final and binding on the Guests with respect to resolving of any Guests Issue.
All these Guest Issues shall be taken by StayVista on case to case basis only.
You understand and agree that StayVista 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 StayVista, 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
The modification of the Booking Channels of StayVista or modification of these Terms, including the service fees, at any time and without prior notice shall be at the sole discretion of StayVista. Whenever the terms are modified, we will post the modification along with the “Last Updated Date” on the Booking Channels. By continuing to access or use the Booking Channels after the posting of modification on the Booking Channels, 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 Booking Channels.
Applicable Law and Jurisdiction
Our Booking Channels are created and controlled by StayVista having its registered address at Surya Mahal, 4th Floor, 5th Burjorji, BharuchaMarg, Fort, Mumbai and shall be governed by the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the services provided by StayVista on our Booking Channels including the prescribed terms and conditions.
You and StayVista agree that any dispute, claim or controversy arising out of or relating to these Terms or Services provided in connection with these Terms, the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996.
Any such dispute, controversy or claim referred to and decided by a Sole Arbitrator appointed and nominated by StayVista and you by agreeing to the terms and conditions herein consent to the Arbitration. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration shall be English.
Any Bookings made via StayVista are prima facie not assignable. You shall not assign any Bookings made by you to anyone. StayVista shall not allow so assigned Guests to enter the Property.
Any notices or other communications permitted or required hereunder, will be in writing and given by Stay Vista (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted..
Guests agree to indemnify, release, defense and hold StayVista, its affiliates, contractors, employees, officers, directors and agents, owner of the property or his/her relatives, agents, representatives, employees, staff harmless from 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 this Agreement, or any breach of the representations, warranties, and covenants made by Guests herein.
StayVista encourages you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). Submission of Feedback may be made by emailing us at firstname.lastname@example.org.
The failure of StayVista to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by StayVista.
StayVista makes its best efforts to provide the best quality of services. However, if any person has any grievance with respect to any aspect / feature of the website, you may write to email@example.com. All grievances shall be dealt with as soon as possible.
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 the Site will become the exclusive property of us. 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 StayVista from any responsibility.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The failure of the website to enforce any right or failure to act with respect to any breach by you under these Terms and Conditions off Use will not waive that right nor waive StayVista’ right to act with respect to subsequent or similar breaches.
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 provision shall continue to be in force.
The maximum risk to the extent permitted by law arising out of access and use or any stay by the Guest at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction that the Guest have with other person whether in person or online shall be upon himself and not StayVista. Neither StayVista nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the property, (iii) from any communications, interactions or meetings with other persons with whom you communicate, interact or meet with as a result of your use of the services of Stay StayVista.
Declaration by the Guest
The Guest agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services and choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. The Guest further assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. In a case the Guest bringing a minor as an additional guest, they shall be solely responsible for the supervision of that minor throughout the duration of the Host Service and the Guest agree to release and hold harmless StayVista from all liabilities and claims, to the extent permitted by law that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to the Host Service.