Terms of Tenancy Policy

Terms of Services :

Please read the term of services agreement carefully. By using this website or using services provided by NStay Website (www.nstay.in), NStay Mobile applications and all other platforms through which NStay services can be accessible, you agree to be bound by all the rules of NStay Tenancy Policy as mentioned hereunder. This term of service governs your use of the accommodation and services offered by landlord. All the house rules (provided at the time of move-in as well as also described on the House description page through all NStay Platforms) alonwith the rules as mentioned hereunder will be applicable for every Tenant.

In case of any conflict in rules of NStay Tenancy Policy and the Landlord, rules of NStay Tenancy Policy shall be applicable.

In case no house rules implanted by Landlord, rules of NStay Tenancy Policy will be applicable on the tenants of same house.

Any violation or non-compliance of tenancy rules or house rules by the tenant, the Landlord will have the right to barred or blocked all services provided to the tenant.

In case of gross violation of rules by the tenant or his host, the security deposited by the tenant will be forfeited.

Once the services shall be blocked or barred, the tenant will have twenty four hours (24) to vacate the rented accommodation.

If the tenant refuses to vacate the accommodation or there is unduly delay from the side of the tenant, the landlord will have the right to lock the accommodation with his own lock.

And if the tenant does not take his belonging along with him within twenty four hours (24), and a lock is put up by the landlord, lock will be opened only after the tenant pays the fine of rupees one thousand for each day tenant’s belongings were in the property of the landlord.

Breach of terms mentioned hereinafter along with other rules/advisory issued by NStay Authorities from time to time, will be a valid reason to blocked or barred the services.

General Policy

  • A tenant must submit a copy of each of the following:
    • Photo ID Proof (PAN Card is not a valid Photo ID Proof)
    • Permanent Residence Proof
    • Official ID Card
  • A duly filled prescribed personal information form pasted with a recent passport size photograph and signed by tenant itself must be submitted at the time of move-in into accommodation.
  • A tenant must follow the rules & regulations of tenancy laid down by the local authorities/administrators/society and must follow the guidelines issued by them from time to time.
  • A tenant must not indulge in any illegal, immoral or socially inappropriate activities inside or outside the Accommodation. If he or she found involved or suspected to be involved in the same, necessary action will be taken against him or her by Landlord.
  • If the tenant or his/her hosts comes to accommodation in an inebriated manner, landlord will have the right to refuse entry to such tenant or his/her host.
  • A tenant is strictly prohibited to organize any kind of party, event or social gathering, especially one that has loud music and disturbs other tenants, neighbors and society as a whole.
  • A tenant is prohibited from engaging in fights or any tension-causing issues with other tenants or any other person in or on the Accommodation or in the vicinity.
  • A tenant cannot change any part of his or her room/fixtures & furnishings/accommodation without express written permission from the Landlord.
  • If a tenant harms himself/herself in or around the Accommodation, he or she will be solemnly responsible for his/her actions.
  • It is the duty of a tenant to keep the Accommodation clean, safe and peaceful for all concerned and maintain hygiene on accommodation.
  • Submission of police verification report is mandatory for all the tenants staying at the Accommodation and it is the sole responsibility of the every tenant to submit the same and this submission must be done within 7 days of starting his or her stay at Accommodation.
  • All matters of discretion & dispute are subject to Gurugram (Haryana) Jurisdiction only.
  • In case a tenant breaks any rules mentioned herein or those which are revised periodically, Landlord has all the rights to take an appropriate action against the tenant and no refunds will be offered by Landlord to the respected tenant.
  • In case a tenant becomes unwell or is infected with communicable disease tenant is advised to visit the near-by hospital, and tenant will not be allowed to stay or enter into accommodation till he gets a valid fitness certificate from a doctor.
  • The landlord has the right to inspect the building/apartment/room any time during the day hours without any prior notice.

Booking Policy

  • 7 days trial period is offered to every tenant by NStay Management. So every tenant has the right to leave the premises within 7 days of his/her stay, if he or she doesn’t want to stay at NStay Premises for any reason.
  • If the tenant withdraws after completion of seven days (7) a rent of one month will be charged on the tenant.
  • He/she will get a refund of security deposited by him/her from the NStay Management afterdeducting seven (7) days the rentalong with a cancellation fee of INR 1000
  • If there is any damages done by the tenant in these seven (7) days, cost for damages will also be charged on the tenant and can be deducted from the security deposited by the tenant.
  • The notice period and lock-in period policies won’t apply and will be waived off if a tenant opts to leave within 7 days of stay at NStay Premises.

Cancellation Policy

  • If the tenant withdraws after completion of seven days (7) the security of the tenant will be forfeited. Lock-in period of three months (3) is mandatory after completion of seven (7) days.
  • If the tenant serves a notice in between the month and withdraws from the premises, the rent for remaining days will not be refunded and the security will also be forfeited if one month notice period has not been served.
  • Notice to vacate won’t apply within the lock-in period i.e. three (3) months. Hence no refunds can be claimed by any tenant, if he/she withdraws in lock-in period.
  • One month notice period is mandatory after the lock-in period and security will be forfeited if the condition of one month notice period is not honored.
  • After booking the property and later cancelling the booking before the agreement is entered between tenant and landlord. The tenant will be liable to pay a fine of 1000 rupees as cancellation charges, Which will be deducted from the booking amount

Minimum Stay and Notice Period

  • There shall be a lock-in period, as mentioned in house rules . Lock-in period shall be applicable for every tenant except in cases where a written exception in the form of commitment is made to a tenant by Landlord before the agreement is signed by parties to the agreement. In case no no lock-in period is mentioned or prescribed, ii such cases lock-in of 3 (three) months shall be applicable.
  • The notice to vacate the accommodation has to be served in advance (as prescribed in house rules ) before vacating the accommodation. In case no no notice period is mentioned or prescribed, ii such cases tenant must have to serve notice to vacate the accommodation 1 month (30 days) in advace to his or her date of vacating.
  • The tenant has to serve move-out notice himself to the landlord or through NStay Platforms, if so available.
  • If a tenant leaves the accommodation without a prior notice, landlord reserves the right to forfeit his or her security deposit and the tenant will not be offered any refund for the same.
  • During the lock-in period, notice to vacate shall not be honored by the landlord and if the tenant vacates during the lock-in period, his/her security will be forfeited

Security Deposit & Refund Policy

  • A tenant needs to pay as equal to one month’s rent as the security deposit ( if no exemption is awarded or offered by the landlord ) which will be refunded once the tenant leaves the accommodation after giving expected move-out notice to vacate prior his/her move-out date.
  • A tenant will not be allowed to adjust security deposit as rent of the any month of his or her stay.
  • Security deposit will only be released or refunded if:
    • A tenant serves the expected move-out notice as prescribed in advance.
    • All pending dues must be cleared by the tenant before move-out.
    • Clearance certificate must be obtained from the landlord at the time of move-out.
    • Tenant peacefully handed over the possession of accommodation.
    • The security amount balance, after deducting all pending dues, penalties, charges of damages/losses if any, shall be refunded post move-out within 21 days to the bank account of tenant as provided to the landlord. Tenant shall be solely responsible for any wrong bank details submission.

Monthly Rent Payment and Rent Inclusion Policy

  • The rent will begin from the day a tenant checks-in to the Accommodation.
  • Monthly rent will be calculated from 1st to the 30th of every month.
  • Monthly rent can be revised at any time without any prior notice by the landlord. It is sole right of the landlord.
  • A tenant can either pay the monthly rent in advance or by the due date, i.e. 5th of every month either by cash or online transfer. In special circumstances, the landlord may give a 5-day grace period to a tenant on written request for paying his/her monthly dues.
  • A rent agreement will be made for a period of 11 months and charges of INR 1000 will be charged for making this rent agreement.
  • Renewal of rent agreement will be made after completion of 11 months and charges of INR 1000 will be applicable for renewal of rent agreement
  • In case of non-payment of rent or other dues, the following pattern would be applicable when charging a fine:
    • In case of non-payment of rent or other dues, the following pattern would be applicable when charging a fine:
    • From 6th to 10th – INR 100 will be charged as penalty for each day of delay
    • From 10th to 20th – INR 200 will be charged as penalty for each day of delay
  • In case a tenant fails to pay the rent by 20th of a month, the tenant would be required to leave the accommodation immediately and his or her security deposit will be forfeited.
  • After failure to pay rent by 20th of month, no notice to vacate will be served and his room/apartment will be locked.
  • Mode of payment by the tenant to the landlord can be made through debit card/credit card, online banking or cash.
  • Rent paid by a tenant covers the following:
    • Monthly Charges for fixed as well as non-fixed furnishings
    • Monthly Water Charges
    • Maintenance Charges wherever applicable
    • Complimentary food charges
    • Dish TV recharge Costs
  • Rent does not cover the following:
    • Monthly Electricity Charges
    • Late Rent Payment Penalties
    • Food Bills other than complimentary food
    • Charges for Damage/Loss of any fixed or non-fixed assets of Accommodation such as furniture, electrical appliances, etc.

Guest Hosting Policy

  • A tenant needs to seek the compulsory permission of the landlord before letting his or her friends or relatives of same gender to stay overnight at the Accommodation in his or her room and also the prior recorded consent of roommates and the landlord have the right to refuse overnight stay of guests.
  • A valid Govt. ID Proof or Aadhar Card has to be deposited by the guest. And the id or aadhar card will be returned only when the guest leaves the accommodation.
  • Guest or Visitor must have record his In-Out Entry in the House Entry Register in his/her own writing along with filling all requisite information and must signed by self.
  • Without permission from the landlord and consent of respected roommates of a tenant, no person (either friend or relative) can enter the accommodation.
  • A tenant is advised to host his guests at the reception or front desk area of the Accommodation till 8 PM unless until the landlord permits and recorded consent of roommates is not obtained.
  • Guests of opposite gender are strictly prohibited in the Accommodation for any reason other than blood relatives of the tenant or if it is a Co-ed PG.
  • A tenant would be responsible to pay fine and cost of damages caused by his or her guest/host.
  • A tenant would also be held responsible if the guest causes any inconvenience to another tenants or landlord/Society.
  • Visitors are not allowed to enter in any area/floor/room of the Accommodation. Their entry is strictly prohibited and a strict action will be taken in case of non-compliance.

Safety, Security and Damage Policy

  • A tenant itself needs to take care of the safety of his or her valuables at all times. NStay management will not be responsible for any damage, loss or theft of precious items of a tenant.
  • A tenant must not make use of prohibited substances anywhere in the NStay Accommodation. Drinking alcohol or indulging or using drugs or banned substances is strictly prohibited inside the Accommodation. If the landlord detects the use of any banned substances or any illegal activity inside the accommodation, valid action will be taken against a tenant including registering of complaint with the near by police station. The assistance of law enforcement agencies will also be taken to punish the law offenders.
  • If any asset of the Accommodation is damaged, stolen or made to malfunction by a tenant, the tenant itself will need to pay the actual cost of the asset or the money will be deducted from the security deposited by the tenant.
  • As the landlord will have a copy of a tenant’s room key for cleaning, maintenance, and emergency purposes, tenants are advised to keep their valuables locked in a safe place at all times, especially when they are not on accommodation. Never leave any valuables unattended as the landlord won’t be responsibility for any loss or damage caused to tenant’s belongings.
  • Tenants are advised to collect all their parcels or couriers by themselves only as the landlord shall not be responsible in case of any loss or damage caused to such items by any means.
  • Landlord shall not responsible if any kind of mis happening, illegal activities or such activities which are abandoned by law or involvement of the Tenant in any kind of criminal case or law proceedings happened or found to be happened by the tenant or to the Tenant either inside or outside the accommodation. Tenant shall be solely responsible for such kind of acts or activities.

Policy for Keeping Pets at NStay Premises

No pets are allowed by tenants in any accommodation unless until not permitted by the landlord to keep the pets with them at the accommodation.

Terms of use

Please read the term of services agreement carefully. By using this website or using services provided by this website. You agree to be bound by all the terms and conditions of this agreement.

This term of service agreement governs your use of this website www.NStay.in and services offered by NStay (A Unit of Varnav Accommodation Pvt. Ltd.). The services offered by NStay are mentioned below in the agreement. NStay reserves the right to change or revise terms and conditions of this website at anytime by posting any changes or revised agreement on this website www.NStay.in. The changed or revised agreement will be effective immediately after it is posted on this website. Your use of this website following the posting of any changes in the agreement will constitute your acceptance of any such changes or revisions. NStay encourages you to review this agreement whenever you visit the website to make sure that you understand the terms and conditions governing the use of website. If you do not agree to this agreement (including any reference policies or guidelines) please immediately terminate your use of the website.

Terms

These terms and conditions mentioned in this agreement shall continue to form a valid and binding contract between parties, and shall continue to be in full force and effect until the user continue to access and use the site or uses or continues the use of services offered by NStay.

Services

NStay provides a number of internet based services through its platform and shall include

  1. Posting user profile or listing for the purpose of rent/lease of property and related services.
  2. Booking and or reservation of properties, by way of example and not as a limitation-
    • Rental accommodation
    • Paying guest accommodation
    • Guest house reservations
    • Rental apartments and individual house properties
    • Banquet halls
    • Conference rooms and eve
    • Marriage palaces/party halls and lawns
  3. . Post advertisement on the website (website name)
  4. 4. Send advertisement and promotional messages through email, text messages and phone calls

The services can be purchased through various methods of payments offered. The purchase of services shall be additionally governed by specific policy like subscription fee, payment and refund policy, cancellation policy etc.

Eligibility

You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the NStay platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. NStay reserves the right to terminate User’s access and refuse to provide User with access to the NStay Platform if NStaydiscovers that User is under the age of 18 years.

User conduct-

  • To provide accurate, complete and correct registration data on initial application for the Services.
  • The User agrees that any data entered on the Site will be subject to mandatory verification process by NStay.
  • Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
  • The User will ensure compliance with all notices or instructions given by NStay from time to time to enable the use of the Service.
  • The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
  • The User shall be solely responsible for all information retrieved, stored and transmitted by him.
  • The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
  • The User shall be responsible for all the activities that occur his/its display name and password.
  • The User agrees to immediately notify NStayof any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
  • The User shall immediately notify the NStay of any un-authorized use of the User's account or any other breach of security known to the User.
  • The User shall promptly make the payment to the NStay towards the Subscription Fees as and when it becomes payable.
  • The User shall be responsible for the set-up or configuration of his equipment for access to the Services.
  • The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by NStay as deemed fit by them.
  • The User shall give out to the NStaya non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User on NStaywith the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of NStay. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
  • The User will indemnify NStay for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.
  • The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal) and NStay will not be held liable whether criminal/civil or monetarily. NStayhowever shall endeavor to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
  • User of the website agrees to indemnify and keep NStay indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.

Prohibited Actions

  • User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
  • The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
  • The User shall use the Service only for the purpose for which it is subscribed.
  • The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
  • The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.
  • The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.
  • The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
  • The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
  • The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
  • The User agrees not to make use of anyone else's information other than as necessary to complete any transactions in which User is involved.
  • The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to NStay or gain un-authorized access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
  • The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Site network system.
  • In the event that the User breaches any of the above mentioned covenants, NStay shall have the right to delete any material relating to the violations. NStay reserves the unilateral right to suspend or/and deactivate the User's access to the Site Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the NStay, NStay shall have the right to recourse to any legal remedy against the User to recover the loss suffered by the NStay and the harm caused to the reputation of the NStay, due to such violation by the User.
  • The Users shall avail Services on NStayor any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
  • NStay strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the NStaysite. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
  • NStayalso prohibits the use of another internet service to send or post SPAM to drive visitors to your site hosted on or through NStay site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  • You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.
  • The Content posted does not necessarily reflect NStay views. In no event shall NStayassume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  • You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that-

    Belongs to another person and to which you do not have any right to and is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner.

    Harms minors in any manner. Infringes any patent, trademark, copyright or intellectual property right. Violates any law for time being in force.Contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

    Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of NStayServices/Site/computer resource, NStay has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, NStayshall have the right to take recourse to such remedies as would be available to the NStayunder the applicable laws.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the NStay. Furthermore, with respect to the Site created by the NStay, NStay shall be the exclusive owner of all the designs, graphics and the like, related to the Site.

Disclaimer of warranties

Your use of this website and services used from this website is at your sole risk. The website and services are offered on an “AS IS” and “AS AVAILABLE” basis. NStay expressly diclaims all warranties of any kind whether express or implied, including but not limited to, services provided by the third part even though booking/ reservation is done through NStay website. NStay shall not be held liable for any damages whether criminal/civil or monetarily for services provided by third party. NStay is only a internet based platform connecting user’s to service provider.

Without limiting the generality of the foregoing, NStay makes no warranty that the information provided on this website is accurate, reliable, complete or timely. That the links to third-party websites are to information that is accurate, complete, reliable or timely.

No advice or information, whether oral or written, obtained by you from this website will create any liability whether criminal/civil or monetary.

LIMITATION OF LIABILITY

User agrees that neither NStay portal nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages. User further agrees that NStay shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that NStay shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. NStay will not be responsible any deficiency in service provided by third party which the user/subscriber has booked or reserved from NStay portal. NStay will not be liable whether criminal/civil or monetarily for any deficiency in service.

User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against NStay for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.

NStay shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.

Indemnification

The User unilaterally agree to indemnify and hold harmless, without objection, NStay, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of NStay website or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (NStay).

Governing law (jurisdiction)

This Website originates from the city of Guru gram (Gurgaon). This Agreement will be governed by the laws of the State of Haryana without regard to its conflict of law principles to the contrary. Youwill not commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Haryana. By using this Website or using its services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Notice

All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to NStay to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of NStay Finance department, all legal notices shall be sent to the attention of the NStay Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the NStay. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail.

Grievance Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated email

Waiver of Class Action Rights

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connection with this agreement must be asserted individually.

Termination

NStay reserves the right to terminate your access to the website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this agreement. Following termination, you will not be permitted to use the website and NStay may, in its sole discretion and without advance notice to you, cancel any outstanding order for products. If your access to the website is terminated NStay reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the website. This agreement will survive indefinitely unless and until NStay chooses, in its sole discretion and without advance to you, to terminate it.

Severability

Cessation of Operation.

NStaymay at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Force Majeure.

NStaywill not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or any change in policies, laws and rules of the government.

Entire Agreement.

This Agreement comprises the entire agreement between you and NStayand supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver.

The failure of NStayto exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Cookie policy

At NStay, we respect your concerns about privacy and value the relationship that we have with you.

Like many companies, we use technology on our website to collect information that helps us enhance your experience and our products and services. The cookies that we use at NStay allow our website to work and help us to understand what information and advertising is most useful to visitors.

Please take a moment to familiarize yourself with our cookie practices and let us know if you have any questions by sending us an e-mail or submitting a request through the “Contact Us” form on our websites.

We have tried to keep this Notice as simple as possible, but if you’re not familiar with terms, such as cookies, IP addresses, and browsers, then read about these first.

What are cookies?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads.

What are cookies used for?

Cookies and other technologies allow a site or services to know if your computer or device has visited it before. These technologies can then be used to deliver products, services, and ads, help us understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your experience in using our services. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

Why does NStay use cookies?

We use cookies, pixels, local storage, and similar technologies to show you relevant content, improve your experience, and help protect NStay and our users. We may use these technologies to deliver the service, provide you with a service that is easy to use, enables you to move around the Service and use its features, such as accessing secure areas, and store information so that NStay responds faster. We may use these technologies to collect information about how you use the Service, for example which pages you go to most often and if you get error messages from certain pages. Wemay use these technologies to allow us toremember choices you make (such as your user name, language or the region you're in) and tailor the Service to provide enhanced features and content for you. These cookies can also be used to remember changes you've made to text size, font and other parts of pages that you can customize. NStay or our advertising partners may use these technologies to deliver advertising that is relevant to your interests. These technologies can remember that your device has visited a site or service, and may also be able to track your device's browsing activity on other sites or services other than NStay. This information may be shared with organizations outside NStay, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign. *We may use these technologies to understand, improve, and research products and services.

Subscription Fees

  • The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the "My Subscriptions" page or as may be prescribed by the NStay from time to time.
  • Liability for the Subscription Fees shall accrue from the Date of Commencement.
  • All individual Users who access or make posting of information on the Site for the purpose of renting property shall be exempted from the application of this clause.

Payment & Refund clause

  • Payment for the services offered shall be on 100% advance basis.
  • Customer agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund.
  • Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the NStay to the User.
  • The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the NStay on the dispute. In the event of NStay's deciding the dispute in the User's favour, the NStay shall refund to the User any excess amount paid by the User free of interest.
  • Any delay in the payment by the User of any sums due under this Agreement, the NStay shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.

Charge Back Policy.

  • Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
  • Refund if any will be at the sole discretion of the NStay only.
  • User acknowledges and agrees that the NStay at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the NStay under any other agreement or commercial relationship towards other products/services.
  • The NStay offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions

Cancellation

  • NStay shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy

Privacy Policy

Protecting your privacy is very important to us. We have developed this Privacy Policy to protect your personal information and keep it confidential. We do everything we reasonably can to protect your rights of privacy on systems and websites controlled by us, but we are not liable for any unauthorized or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control, for example advertisers and websites that have links to our Site.

We only collect your Personal Information to conduct our business and to enable us to deliver and improve our Services.

We will only disclose your Personal Information in accordance with this Privacy Policy. If you decline to submit personal information to us, then we will unfortunately not be in a position to provide the Services to you.

Any of your information which you provide when you use our Services in an unencrypted manner and/or to an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board, is not confidential, does not constitute Personal Information, and is not subject to protection under Privacy Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your Personal Information in such public environments.

Information, which is disclosed publicly, is also shared with our affiliates, third party service providers, sponsors of competitions etc. unless expressly stated otherwise. We are not liable to you or any third party for any damages that you or any third party may suffer howsoever arising from your disclosure of Personal Information in any public environment. You accordingly disclose information in a public environment at your own risk.

Guest House Policy

General Policy

  • The primary guest must be at least 18 years of age to be able to check into the hotel.
  • It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Aadhar Card, Driving License, Voter ID Card, and Passport. Without Original copy of valid ID the guest will not be allowed to check-in.
  • PAN card is not accepted as a valid ID card.
  • Stay of 1 child up to 4 years of age is complementary without the use of extra mattress. Breakfast charges will be applicable for the child.
  • Early check-in or late check-out is subject to availability and may be chargeable by the hotel. The standard check-in time is 12PM local time and the standard check-out time is 12PM local time. After booking you will be sent an email confirmation with hotel phone number. You can contact the hotel directly for early check-in or late check-out.
  • Extra mattress will be provided for triple occupancy bookings and will be charged accordingly
  • Pets are not allowed in the hotel premises.
  • Should any action by a guest be deemed inappropriate by the hotel, or if any inappropriate behavior is brought to the attention of the hotel, the hotel/guest house reserves the right, to take action against the guest.
  • Certain destinations may have different policies for specific times during the year.
  • Guests shall be liable for any damage, except normal wear and tear to Hotel asset. Guest shall keep the Hotel room in a good condition and maintain hygiene and cleanliness.
  • Certain policies are booking specific and are informed to the customer while making the booking.
  • We really take pride in keeping all our rooms fresh and clean, and discourage smoking in the rooms. In case guests wish to smoke, the Hotel Reception will be happy to help.
  • Guests may be contacted closer to their check-in date to confirm the arrival status or arrival time through calls or messages. In case, we do not receive a response from the guest after multiple attempts, the booking may be put on hold or cancelled. In case of availability, will try to reinstate your booking when you contact us back or make a payment through our multitude of payment options
  • As we continue to strive to improve our services, NSTAY may reach out to guests to get a feedback of their experience through calls or messages

Booking Extension Policy

  • Extension of stay would be provided on current room rates, subject to availability.
  • Current room rates can be different from the rates at which the rooms were booked.

Cancellation Policy

  • After booking the room and before check-in time (when more than 4 hours is left for check-in) if a customer wishes to cancel the booking, a charge of 250 rupees or 10% of one night charges, whichever is higherwill be levied on the customer. Full amount of booking will be charged on the customer if the customer cancels the booking when less than 4 hours is left for the check-in time.
  • Our cancellation policy changes depending on the city and dates being booked and is mentioned on the hotel details page on our website before making a booking
  • In case on the date of check-in, you decide to cancel a booking after check-in time or do not show up at the hotel, charges for the first two nights or the complete booking amount, whichever is lower, shall be deducted.
  • In case you decide to shorten your booking post the check-in date, you will be charged for the next 24 hours after the official cancellation. Money for the remaining nights will be refunded.
  • For bookings of 3 or more rooms , You need to pay at least 25% of the booking amount as advance to make a booking for 4 or more rooms and In case on the date of check-inyou do not show up at the hotel, no refund is applicable on the booking.
  • In case you decide to shorten your booking for 4 or more rooms post the check-in date, no refund is applicable on the booking.

How to Cancel

  • You can cancel your booking using our website. You can also call us on (number to be provided) to cancel your booking. The applicable refund amount will be credited to you within 7-14 working days. NSTAY reserves the right to debit from NSTAY Money account, in case of cancellation amount being higher than money already paid by customer.

Payment Policy

  • For bookings of more than 7 nights, guests have to settle all outstanding payments on a weekly basis. Hotel will be unable to provide further accommodation prior to settlement of the outstanding amount. Hotel Policy
  • Hotels in remote locations may not have Wi-Fi connectivity due to unavailability of network in those regions.
  • In some hotels, due to local conditions, unmarried/unrelated couples may not be allowed to check-in. Accommodation can be denied to guests posing as a couple if suitable proof of identification is not presented at the time of check-in.
  • Hotels may deny check-in to guests providing ID proof of the same city as the hotel itself.
  • Some hotels may deny entry of visitors to rooms. Please confirm with the hotel before inviting visitors into the rooms.

Cancellation Policy

Cancellation Policy for PG

  • If the tenant withdraws after completion of seven days (7) the security of the tenant will be forfeited. Lock-in period of three months (3) is mandatory after completion of seven (7) days.
  • If the tenant serves a notice in between the month and withdraws from the premises, the rent for remaining days will not be refunded and the security will also be forfeited if one month notice period has not been served.
  • Notice to vacate won’t apply within the lock-in period i.e. three (3) months. Hence no refunds can be claimed by any tenant, if he/she withdraws in lock-in period.
  • One month notice period is mandatory after the lock-in period and security will be forfeited if the condition of one month notice period is not honored.
  • After booking the property and later cancelling the booking before the agreement is entered between tenant and landlord. The tenant will be liable to pay a fine of 1000 rupees as cancellation charges, Which will be deducted from the booking amount.

Cancellation Policy for Guest House

  • After booking the room and before check-in time (when more than 4 hours is left for check-in) if a customer wishes to cancel the booking, a charge of 250 rupees or 10% of one night charges, whichever is higherwill be levied on the customer. Full amount of booking will be charged on the customer if the customer cancels the booking when less than 4 hours is left for the check-in time.
  • Our cancellation policy changes depending on the city and dates being booked and is mentioned on the hotel details page on our website before making a booking
  • In case on the date of check-in, you decide to cancel a booking after check-in time or do not show up at the hotel, charges for the first two nights or the complete booking amount, whichever is lower, shall be deducted.
  • In case you decide to shorten your booking post the check-in date, you will be charged for the next 24 hours after the official cancellation. Money for the remaining nights will be refunded.
  • For bookings of 3 or more rooms , You need to pay at least 25% of the booking amount as advance to make a booking for 4 or more rooms and In case on the date of check-inyou do not show up at the hotel, no refund is applicable on the booking.
  • In case you decide to shorten your booking for 4 or more rooms post the check-in date, no refund is applicable on the booking.

Refund Policy

Refund Policy for PG

  • A tenant needs to pay one month’s rent as the security deposit that will be refunded once the tenant leaves the premises after giving expected one (1) month notice to vacate prior his/her move-out date.
  • A tenant willnot be allowed to adjust security deposit as rent of the last month of his or her stay.
  • Security deposit will only be released if:
    • A tenant gives one month notice in writing
    • All pending dues are cleared by the tenant on the last day of tenancy

Refund Policy for Guest House.

  • Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
  • Refund if any will be at the sole discretion of the NStay only.
  • User acknowledges and agrees that the NStay at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the NStay under any other agreement or commercial relationship towards other products/services.
  • The NStay offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions

Terms of Partner Agreement

TERMS OF AGREEMENT

  • This ‘Agreement’ is agreed and entered at Gurugram on the Effective Date (Date of registration of Associate Partner on NStay Platforms) by and between:
  • Varnav Accommodations Private Limited, a company registered under the Companies Act, 1956, with its principal office at Plot No. 1324 A, Sector 31-32, Gurugaon, 122001 (hereinafter referred to as ‘NStay’) including its successors and assigns thereof as first party; and
  • The Associate Partner (Hotel, Guest House, Hostel, BnB House, Paying Guest House, Apartment, Serviced House, Banquet Hall, Conference Hall), thereof as second party NStay & the Associate Partner are individually referred to as ‘Party’ and collectively as ‘Parties’. NStay referred as ‘Facilitator’. Room/Services/Bed/Flat/Floor/Hall referred as ‘Service or Services’ .

PREAMBLE:

  • Facilitator are engaged in the business of providing accommodations, travel and tourism, events related services.
  • The Associate Partner is in the business of providing accommodation services and has represented to Facilitator that it has the necessary legal, technical, and business setup to procure the services of arranging accommodation, events from Facilitator as defined in this Agreement.
  • Facilitator and the Associate Partner desire to enter into this Agreement to bind themselves with their mutual obligations as prescribed hereunder, and this Agreement supersedes all prior understanding of the Parties with respect to their dealings with each other on the Scope of Services.
  • NOW THEREFORE THE PARTIES HERETO AGREE TO THIS AGREEMENT TERMS AS FOLLOWS:

TERMS OF SERVICES

  • These Terms of Services ("Terms") constitute a legally binding agreement ("the Agreement") between Associate Partners and NStay governing access to and use of the NStay Website (www.nstay.in), including any subdomains thereof, NStay Mobile Applications and any other websites through which NStay makes the NStay Services available (collectively, "Site"). The Site and NStay Services together are hereinafter collectively referred to as the “NStay Platforms”. Your use of the Website, Application and/or agreement signed (either electronically or otherwise) is an acknowledgment that you have reviewed the Terms and Conditions listed at NStay Platforms and agree to comply with these Terms. NStay reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the NStay Platforms. We will also provide you with notice of the modifications by email when they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the NStay Platforms will constitute acceptance of the revised Terms.

SCOPE OF SERVICES

  • The Associate Partner will provide access to the required information with respect to the availability of its rooms, the services and amenities, and their rates to Facilitator and its Affiliates on a direct connection (API Linking), through a third party channel manager or a similar interface, extranet or reserve certain rooms for booking through Facilitator as may be decided between the Parties. This will enable the Facilitator and their Affiliates to host the availability of the Associate Partner’s rooms on their websites and other online and offline sales channels (including mobile applications or browsers, branch offices, b2b partners etc.). Accordingly, all benefits, rights and obligations under the Agreement will apply to each Affiliate as if the Affiliate is a contracting party to the Agreement. It is hereby clarified that an Affiliate can issue Associate Partner vouchers (confirming the booking), issue invoice(s) to the Associate Partner for its commission, receive booking confirmation and collect booking charges (inclusive of all fees and taxes) on behalf of the Associate Partner. However, the invoice capturing the tax details for Associate Partner accommodation services shall, in all cases, be generated and issued by Associate Partner directly on the customer for the gross amount collected by the Facilitator towards the booking. Facilitator are not required to issue an ‘invoice’ (capturing tax details) for the Associate Partner services on customers under any circumstances unless law specifically requires Facilitator to do so. Further, the tax charged in respect of Associate Partner services shall be discharged by the Associate Partner in all cases where Associate Partner is registered under the respective tax laws. For the purpose of this Agreement, Affiliates includes persons which are Controlled by, or Control, or under common Control of a person in whose context the word Affiliate is being determined. Control means ability to, directly or indirectly, direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise.
  • The Associate Partner shall ensure the availability of information with respect to the rooms on real-time basis and further ensure that at no point of time the room is available for booking with some other online travel agents (OTAs) but not with the Facilitator. The Associate Partner shall be solely responsible for rates made available on extranet or any other medium owned or managed by Facilitator. Facilitator shall have no responsibility with respect to the rates provided by the Associate Partner.
  • The Associate Partner shall maintain rate parity, and room availability parity between Facilitator and other travel agents, other sales channels of third parties and the Associate Partner itself.
  • Bookings of the Associate Partner rooms against the customer reservations communicated by the Facilitator will be purely at the choice of the customers and will be as per the member agreement available at the website of NStay (‘NStay Member Agreement’) will be referred as ‘Member Agreement’. The Member Agreement forms an integral part of this Agreement and is incorporated in this Agreement by reference. The Parties agree to deliver their obligations accordingly.
  • NStay would be rendering services as a facilitator arranging Associate Partner services between Associate Partner and customers. Accordingly, the Associate Partner only would be responsible for provision of Associate Partner services to the customers booking Associate Partner rooms through Facilitator. The Associate Partner shall provide services to the customers booking through Facilitator as per best industry practice. The room rate applicable for any customer making the booking through Facilitator shall be as per the Associate Partner’s policies depending upon the seasonality, supply and demand factors.
  • Associate Partner agrees and undertakes that it shall at all times act in good faith and shall not in any way commit acts prejudicial to the interest of Facilitator or the customers booking through Facilitator including without limitation, acts which in sole discretion of the Facilitator may amount to defrauding Facilitator or their customers such as misuse or abuse of any benefits, accruals or offers made available by Facilitator, in violation of the applicable laws etc.
  • At all times, the Facilitator will be liable to pay to the Associate Partner only for those bookings which are booked by the customers through Facilitator for genuine utilization by themselves and for which booking amount is collected from the customers on behalf of the Associate Partner. The Associate Partner will not engage in fictitious booking of its services for the purpose of unduly enriching itself with the promotional schemes of Facilitator.
  • The amount refundable to the customers in case of cancellation of booking shall be as per the cancellation policy as informed by the Associate Partner to Facilitator from time to time. No cancellation retention shall be payable to the Associate Partner in case of cancellation of reservations due to Force Majeure events. The cancellation policy provided in respect of bookings made through Facilitator shall be no less favorable than the policy provided by the Associate Partner in respect of booking through any other third party or in its own website.
  • During the Term of the Agreement, the Parties may agree on the Commercial Terms (which include the commission, validity period of such Terms, and any amendments thereof) from time to time over email or in writing. All such emails and written documents will be deemed to be part of and bound by the terms of this Agreement.
  • The Associate Partner permits Facilitator to translate the Associate Partner information into any regional language and use the same for its business purposes. Such translated data will be the exclusive property of the Facilitator.
  • This Agreement will be valid subject to the Associate Partner submitting the KYC documents as may be required by the Facilitator prior to the signing of the Agreement, and from time to time.
  • All descriptions of the services and amenities at Associate Partner’s website should be consistent with the information as provided by Associate Partner pursuant to this Agreement, and all such servicess and amenities should be actually provided for by the Associate Partner. In case the specified amenities and services are not provided by the Associate Partner, the Associate Partner shall be solely responsible to the customer for any complaint in respect of the same.
  • Any adverse change(s) in the booking terms as provided by the Associate Partner, including the cancellation policy, refund policy etc. shall only be applicable with prospective effect for bookings made after the implementation of the revised terms.
  • Facilitator will solicit reviews of the Associate Partner from customers or guests who have used the services of Associate Partner booked through Facilitator, and may publish these comments and scores on the websites of each Facilitator and their Affiliates. Facilitator will use their best efforts to monitor guest reviews with respect to certain reasonable criteria of genuineness and proper language, and further reserves the right to remove these reviews. Facilitator will not enter into any discussion, negotiation or correspondence with the Associate Partner in respect of the content or consequences of the publication or distribution of the guest reviews. However, the Facilitator will use all reasonable methods to procure removal from the website(s) of any comments about the Associate Partner which have been already posted provided that the Associate Partner can show by reasonable evidence that such comments are false or are not a genuine expression of that guest’s opinion. The Associate Partner acknowledges that Facilitator are the distributor and not the creators of such comments. All liability for the content of any such comments is excluded to the extent permitted by law.
  • Facilitator will provide the customer information to the Associate Partner ‘as is’ in the form and content provided by the customer. Facilitator do not warrant the accuracy or completeness of such information as that is provided by a third person outside the control of Facilitator. Such information shall always be the property of the Facilitator. The Associate Partner agrees that it shall not solicit reservations directly from those customers booked through Facilitator, and shall not market the Associate Partner to those persons directly.
  • The Associate Partner permits Facilitator to display the name, brand name, logo, trademark and any other information as supplied by the Associate Partner to enable Facilitator to fulfil its rights and obligations under this Agreement. If the Associate Partner is offering any promotional sales of rooms at discounted prices, the same discounted prices shall be offered to customer booking through Facilitator.
  • The Associate Partner shall resolve all customer grievances directly with the customer, including those grievances related to quality of rooms, rates, services etc. Facilitator may at its discretion operate a customer services facility to resolve the grievances of the customers over phone and by coordinating with the Associate Partner, but in all cases the ultimately responsibility remains with the Associate Partner to resolve the grievances.
  • The Associate Partner shall be solely responsible to the customer for any refund of security deposited by the customer (if any charged by the Associate Partner for the use of services ,The Associate Partner agrees to refund any such refundable security deposits to the customers on successful completion of tenure of stay (as described by the associate partner on facilitator platforms) within 7 days post checkout from the premises. All such liability of refund of security deposits remains with the Associate Partner.

COMMERCIAL TERMS

  • The services availability and booking facility provided by the Associate Partner will be on commission basis. The Associate Partner will pay certain commission to each Facilitator (for all the bookings made by the customers through Facilitator) on the gross booking rate (including any applicable government taxes and Goods and Services Tax) notified by the Associate Partner to Facilitator as the listing price of the Associate Partner services. For the avoidance of doubt, it is clarified that the Facilitator do not have the right to alter the Sell Rate notified by the Associate Partner. Such commission may be set-off by the Facilitator in their payment to the Associate Partner, or may be paid separately by the Associate Partner as the Parties may mutually agree in writing. Accordingly, Facilitator would issue a tax invoice for the commission amount along with applicable taxes, if any. The commission payable to Facilitator will be agreed by Parties from time to time. The Associate Partner would be required to raise an invoice on the customer for the gross amount and discharge tax liability accordingly.
  • If the Associate Partner is offering any promotional sales of services at discounted prices compared to usual Sell Rate, the same discounted prices shall be offered to the customers booking through Facilitator.
  • Facilitator may offer certain promotions over the services of the Associate Partner to the customers, except on any specific dates duly informed by the Associate Partner to Facilitator at least five working days in advance. Irrespective of the discount offered by Facilitator, the Associate Partner would be required to raise an invoice on the customer for the gross amount and discharge tax liability accordingly
  • Notwithstanding anything mentioned above, Facilitator at their own discretion can charge the customer booking through the respective Facilitator, a services fee for its services, over and above the Sell Rate of Associate Partner services/bookings. For the services fee (if any) charged, Facilitator shall issue a tax invoice on the customers only for the amount of services fee along with applicable taxes and Associate Partner will not have any responsibility to raise an invoice on customer towards such services fee.

TERM AND TERMINATION

  • The Agreement shall commence from the Effective Date and be continue to be valid unless terminated by either Party with 40 (thirty) days’ notice to the other Party anytime during the term of this Agreement.
  • In addition, either Party may terminate this Agreement with immediate notice for material breach of the terms of this Agreement by the other Party or for any statutory reasons; in case of a breach by a Party capable of being cured, the other Party may terminate this Agreement with immediate notice if the former Party fails to cure the breach within 15 (fifteen) days’ from the date the latter Party notifies the breach. However the accrued obligations of the Parties prior to the termination will continue to be fulfilled post termination.

INDEMNITY

  • Once a booking has been confirmed to the customer booking through Facilitator pursuant to this Agreement, the Associate Partner will honour the reservations without fail. In the extreme cases where accommodating the customer in the Associate Partner is not possible for any reason what so ever, the Associate Partner will provide customer with an alternate service in same or higher category Associate Partner in the same or nearest locality at no extra cost, including transfers. In addition, Associate Partner agrees that in the event that the customer is not satisfied with such alternate service provided by the Associate Partner and Facilitator are required to provide refund to the customer, then the Associate Partner shall pay an amount equal to double the per service cost to Facilitator for each instance of such default.
  • Each Party agrees to indemnify and hold the other Party, its officers, directors, employees, successors, and assigns harmless against all losses, damages, liabilities, costs or expenses of whatever form or nature, including, without limitation, attorney's fees and expenses and other costs of legal defense whether direct or indirect, that they, or any of them, may sustain or incur as a result of any acts or omissions of the former Party or any of its directors, officers, employees, or agents, including, but not limited to, (1) breach of any of the provisions/obligations of this Agreement (2) negligence, misconduct or other tortuous conduct, or (4) misrepresentations made herein.
  • Neither Party shall be liable to the other for any direct, indirect, incidental, punitive, special or consequential damages or losses (including without limitation loss of profit or revenue etc.), whether under contract or in tort, and even if the other party had been advised of the possibility of such damage or loss. Notwithstanding anything to the contrary in this contract, in case of any dispute (including third party claims) the maximum liability of Facilitator under this Agreement is limited to the Commission paid by the Associate Partner to Facilitator during the period of 12 months preceding the date of dispute for that specific property or unit of the Associate Partner which is the subject of the dispute.

REPRESENTATIONS AND WARRANTIES

  • Each Party represents and warrants that: 6.1.1 It has full legal right, power and authority to carry on its business and to enter into this Agreement and perform all of its obligations, terms and conditions hereunder; and
  • Neither the execution nor delivery of this Agreement, nor the fulfilment nor compliance with the terms and provisions hereof, will conflict with, or result in a breach of terms, conditions or provisions of, or constitute a default under, or result in any violation of its charter documents or by laws, if any, or any agreement, restrictions, instrument, order, judgment, decree, statute, law, rule or regulation to which it is subject, or require any consent, approval or other action by any court, tribunal, administrative or governmental body.
  • The Associate Partner additionally represents that:
  • It is operating in compliance with all the applicable laws (including Check-in/Check-out Registers, Guest/Tenant Police Verification, Guest/Tenant/Customer/Visitor Safety, Security & Verification, Lift Operations, Food Safety, Fire Safety, Local & State Bodies approvals and licenses as applicable etc.,) , regulations and statues, and it has the requisite licenses in place to operate its business.
  • It has full right, title and interest in and to all trade names, trademarks, services marks, logos, symbols, proprietary marks and other intellectual property marks ("IPR") which it provides to Facilitator, for use related to the Services, and that any IPR provided by a Party will not infringe the marks of any third party; Associate Partner shall permit the usage of its logo, trademarks, symbols, services mark etc. to enable Facilitator to fulfil its rights and obligations under this Agreement which shall be upon the specific permission availed by Facilitator in writing from Associate Partner.
  • It shall at no time charge any extra charges, taxes and/or levies (except where there is a statutory change in tax rate or any legislation governing taxation laws), over and above what has been specified at the time of booking. Associate Partner shall only charge the guest for any additional facility used by the guest which was not included while making the booking.
  • The information provided by it to Facilitator in any form and manner whatsoever, is accurate, complete and true representation of the details of the Associate Partner.

TAXES

  • Pursuant to this Agreement each Party, with respect to the services rendered in its individual capacity, would be solely responsible for the compliance of all applicable laws including but not limited to legislations regarding Goods and Services Tax (GST), central, state or local levies with respect to payment of tax, duties, levies, charges, cess, etc. Thus, the tax collected by Facilitator as part of the service charges shall be remitted to the Associate Partner and it shall be sole responsibility of the Associate Partner to deposit the same to the concerned authority under the applicable law. Further, Facilitator shall not be liable to deposit such amount unless specifically mandated by law. In cases where the law requires Facilitator to deposit tax, the Associate Partner shall not be eligible to collect any GST from the customer through Facilitator. Further, Facilitator shall deduct/ collect/ withhold any tax to be levied under applicable tax laws, in such manner as may be prescribed, from the amount payable to the Associate Partner (i.e. the amount collected from the customer and to be remitted to the Associate Partner) and shall furnish appropriate documentation for the same.
  • All payments for commission made by the Associate Partner to Facilitator under the Agreement would be subject to withholding tax as per the law applicable on the date of payment. The Party withholding the tax would be responsible for providing appropriate proof, certificate, documents, etc. to enable the other Party claim the benefit of the same.
  • The Parties would be responsible for their own tax assessments, audits, inquires, etc. and would keep the other Party indemnified from any additional tax demand arising out of the same.
  • The Associate Partner undertakes to provide Facilitator with necessary documents, as may be required by law from time to time, to prove the Associate Partner’s compliance with the applicable tax laws with respect to this Agreement including its obligations to deposit the necessary taxes with the authorities. Any interest, penalties or recoveries from Facilitator by any authority on account of default by the Associate Partner will be solely borne by the Associate Partner on its own account.
  • The Associate Partner authorizes Facilitator to collect the taxes (under the applicable laws) on behalf of the Associate Partner from the customers at the time of booking and remit the same to the Associate Partner for depositing the same with the government.

CONFIDENTIALITY

  • The Parties agree that any information (including the customers/guests personal data, standards, manuals, financial details, terms of this Agreement, account and sales information, any written, tangible and/ or intangible information) exchanged between or disclosed by either Party to the other Party from time to time, which by its inherent nature is confidential or is specifically mentioned as confidential, shall be the confidential information of the said Party and either Party shall not disclose the same to the public without taking the prior written approval of the other Party.
  • The obligation of confidentiality contained under this Clause shall not apply to information which:
  • At the time of the disclosure is or already was in the possession of the other Party as evidenced by written documents; or
  • At the time of the disclosure was already in the public domain as evidenced by written documents; or
  • After the disclosure became generally available to the public through no fault of the other Party; or
  • Was subsequently disclosed to the other Party by a third party having a lawful right to disclose the information and being under no obligation of confidentiality with regard to a Party; or
  • Has been developed by the other Party independently on its own and without reliance on any information provided by the disclosing Party; or
  • Is required to be disclosed by a Party to comply with applicable laws or governmental regulations, provided that the said Party provides prior written notice of such disclosure to the other Party and takes reasonable and lawful actions to minimize the extent of such disclosure.

Jurisdiction

  • If any dispute shall arise between the Parties hereto concerning the construction interpretation or application of any of the provisions of the Terms & Conditions, such dispute shall be referred to the arbitration of a single arbitrator to be appointed by Parties. The arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Gurugram, Haryana.
  • Any failure, delay or forbearance on the part of NStay in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by NStay of any right, power or privilege preclude any other future exercise or enforcement thereof.
  • The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
  • The courts in Gurugram, Haryana shall have exclusive jurisdiction to settle any disputes between the Parties under this Agreement.

GENERAL

  • The Associate Partner will be hosted as per Clause 1 at the sole discretion of Facilitator; the Associate Partner shall not have any rights to insist specific performance by Facilitator.
  • The waiver of any right in this Agreement shall be in writing and signed by the Party against whom enforcement is sought, and shall not be a waiver of any other right in this Agreement.
  • Neither Party shall assign this Agreement to any other person without the other Party’s prior written consent.
  • Any notices under this Agreement by a Party to the other Party shall be issued to the respective Party’s address mentioned in Annexure A.
  • Modifications to this Agreement shall be done by (1) means of a separate amendment as an agreement signed by both Parties, or (2) by way of a mutually accepted email, or (4) by means of a revised link sent by Facilitator and acceptance of the same by the Associate Partner, or (4) by means of a written communication via email or otherwise by Facilitator and deemed acceptance by means of conduct by the Associate Partner.
  • Unless as otherwise specified in the Agreement, neither Party shall be responsible for any failure to comply with its respective obligations under this Agreement, where such failure or delay is due to events of Force Majeure (as defined below) provided that the affected Party notifies the non- affected Party within reasonable time of the commencement of the event of Force Majeure. Force Majeure events shall mean any circumstances beyond the reasonable control of Parties like war, riot, flood, fire, Acts of God, epidemic, explosion, disease, earthquake, hijacking, sabotage, crime.
  • This Agreement and Annexure A, if any, constitute the complete and exclusive statement of the Agreement between the Parties, and supersedes all proposals, and all other prior or contemporaneous communications between the Parties relating to the subject matter hereof, whether written or oral.
  • The Parties acknowledge and agree that the relationship between them is solely that of principal and agent (to the extent of collection of payment on behalf of the Associate Partner for further remitting to the same), operating independently and nothing in this Agreement is to be construed as employer/employee, franchise/franchisee, partners, joint ventures, co-owners, or otherwise participants in joint or common undertaking. Facilitator shall be responsible for collecting the concerned amount from the customer as an intermediary in the fiduciary capacity, which amount shall be duly remitted to the Associate Partner as per the arrangement contained in this Agreement.
  • This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
  • This Agreement shall be signed by the Associate Partner through entering its details, and agreeing to these terms and conditions with Facilitator by registering and accepting the online agreement. Accordingly, this Agreement is legally valid between the Parties by virtue of their online acceptance.
  • If any item or provision contained in this Agreement or any part thereof shall be declared or become unenforceable invalid or illegal for any reason whatsoever including but not detracting from the generality of the foregoing a decision by the competent courts or an act of Parliament, local legislation or any statutory or other bye-laws or regulations or any other requirements having the force of law, the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing herein. In the event that the exclusion of any offending provisions shall in the opinion of NStay adversely affect either (i) right to receive payment of fees or remuneration by whatever means payable to NStay or (ii) NStay’s Marks and Known-How methods of the business then NStay shall have the right to terminate this Agreement forthwith with a notice in writing.

Terms of Tenant Agreement

Terms of Agreement

  • This ‘Agreement’ is agreed and entered at Gurugram on the Effective Date (the date as opted by the tenant for move-in into Accommodation) by and between:
  • Varnav Accommodations Private Limited, a company registered under the Companies Act, 1956, with its principal office at Plot No. 1324 A, Sector 31-32, Gurugram, 122001 (hereinafter referred to as ‘NStay’) including its successors and assigns thereof as first party; and
  • The Tenant, thereof as second party NStay & the Tenant are individually referred to as ‘Party’ and collectively as ‘Parties’. NStay/NStay Management,/NStay Staff referred as ‘Operator’. NStay operated/managed/serviced Room/Bed/Flat/Floor/Apartment/House/Hostel/Premises referred as ‘Accommodation’ . NStay website (www.nstay.in), NStay Mobile Application, NStay Accommodation referred as NStay Platforms.

PREAMBLE:

  • Operator are engaged in the business of providing accommodations related services.
  • The Tenant who is willing to live/stay in Operator’s Accommodation, has represented to Operator that he/she desire to enter into this Agreement to bind himself with the obligations as prescribed hereunder, and this Agreement supersedes all prior understanding of the Parties with respect to their dealings with each other on the Scope of Services.
  • For Tenant, entering into an agreement with NStay before using the Accommodation is a mandatory provision and in no case this provision can be waived off.

TERMS OF SERVICES

  • These Terms of Services ("Terms") constitute a legally binding agreement ("the Agreement") between Operator and the Tenant governing access to and use of the Operator Accommodation for living/staying, including all services, furnishings, fixtures provided at Accommodation. Your use of the Accommodation, Services through NStay Platforms and/or agreement signed (either electronically or otherwise) is an acknowledgment that you have reviewed the Terms and Conditions of Tenant Agreement listed at NStay Platforms and agree to comply with these Terms. Operator reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the NStay Platforms. We will also provide you with notice of the modifications (either electronically/digitally or otherwise) when they become effective. If you disagree with the revised Terms, you may terminate this Agreement with 30 days written notice of move-out. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Operator Accommodation will constitute acceptance of the revised Terms.

SCOPE OF SERVICES

  • Any violation or non-compliance of the terms of this agreement or rules, as prescribed hereunder, by the Tenant, the Operator will have the right to terminate this agreement without any written notice or prior intimation through any channel.
  • In case of gross violation of the terms of this agreement or rules, as prescribed hereunder, by the Tenant, the Operator will have the right to forfeit the security money deposited by Tenant along with the immediate termination of this agreement. In such a case Tenant have no rights to claim refund of any security or guaranty.
  • Once the agreement is finished or terminated, the tenant will have twenty four hours (24) to vacate the Operator Accommodation.
  • If the tenant refuses to vacate the Operator Accommodation or there is unduly delay from the side of the tenant, Operator will have the right to lock the premises with own lock.
  • And if the tenant does not take his belonging along with him within twenty four hours (24), and a lock is put up by the Operator, lock will be opened by the Operator only after the tenant pays the fine of rupees one thousand for each day tenant’s belongings were in the property of the landlord.
  • All rights of admission/entry to Operator Accommodation are reserved with operator itself. If operator found anything suspicious, illegal, unauthorized, against the rules/laws with the Tenant, operator has all rights to terminate this agreement and to prohibit tenant’s entry into the premises.

. Monthly Rent Payment and Rent Inclusions

  • The rent will begin by the effective date of this Agreement.
  • Monthly rent can be revised at any time without any prior notice by Operator. All rights, to revise monthly rents, are reserved with Operator.
  • Rent will always be calculated on the monthly basis and the Tenant shall not to be allowed to opt in for daily basis rent payment. The monthly rent shall be calculated from the 1st day to last day of every month (if any specific policy or exemption, in this regard, not prescribed or presented by the Operator to the Tenant either in written or at NStay Platforms).
  • The Tenant can either pay the monthly rent in advance or by the due date, i.e. 5th of every month either by Card/IMPS/NEFT/NStay Platforms/Cash.
  • In case of non-payment of monthly rent or other dues by the due date, the electricity supply to tenant’s room shall be discontinued immediately and the following pattern would be applicable when charging a fine:
    • 2.5.1 From 6th to 10th – INR 100 will be charged as penalty/fine for each day of delay
    • 2.5.2 From 10th to 20th – INR 200 will be charged as penalty for each day of delay
  • In case a tenant fails to pay the rent by 20th of a month, then
  • Tenant’s access to the Accommodation shall not be allowed by the Operator. Operator has all the rights to refuse the Tenant for his entry to the Accommodation in such case.
  • Security money deposited by the Tenant will be forfeited by the Operator and also all the pending dues along with the penalties will be recovered from the Tenant. In case of failure of making such payments the Tenant shall be liable to pay such amount with a interest at the rate of 20% per annum.
  • Monthly Rent paid by a tenant covers the following:
    • Accommodation Charges
    • Monthly Water Charges
    • Maintenance Charges
    • Complimentary food (as availed by operator) charges
    • Dish TV Recharge Costs
  • Monthly Rent paid by a tenant does not covers the following:
    • Monthly Electricity Charges ( will be charged at Rs 10 per unit as per consumption of the Tenant and shall be shared with roommates, in case of sharing accommodation)
    • Late Rent Payment Penalties
    • Charges for food , if served other than complimentary food
    • Host’s over-night stay charges
    • Charges for Damage/Loss of any fixed or non-fixed assets of the Accommodation such as furniture, electrical appliances, etc.
  • Minimum Stay (Lock-in Period) and Move-out Notice Period
  • A lock-in period or minimum period of stay as prescribed for the accommodation on NStay Platforms will be applicable from the effective date of this aggrement for the tenant.
  • If no lock-in period is prescribed, in such a case lock-in period of 3 months will be applicable.
  • The tenant can not terminate this agreement with in the lock-in period. If this agreement will be terminated by Tenant in lock-in period, all the security money deposited by the tenant will be forfeited by the operator.
  • A Move-out Notice period, as prescribed for the accommodation on NStay Platforms will be applicable for the tenant.
  • If no move-out notice period is prescribed, in such a case move-out notice period of 1 month will be applicable.
  • Tenant can serve the Notice to move-out post completion of lock-in period of stay either in written or by generating through any of NStay Platform.
  • If a tenant fails to serve the notice to move out or moves-out before the completion of notice period, all the money deposited by the tenant will be forfeited by the operator.
  • Security Deposit and Security Refunds
  • A tenant must have to deposit security money as equal to his one month rent at the time of move-in into accommodation.
  • Security money shall be refunded by the Operator once the Tenant peacefully vacates/leaves or surrender the possession of the premises after completion of his stay period (which shall to not be less than the lock-in period of stay ) by giving prescribed period’s notice to vacate/move-out prior to his/her move-out date in advance as mentioned herein.
  • The security money deposited will not be adjusted against the pending dues or monthly rents of any month of stay. This will only be refunded post move-out within 21 days after deducting all the pending dues, penalties & charges of any damage/loss to the accommodation due to the Tenant, if any.
  • Security deposit shall be released or refunded, only if the Tenant fulfills all the terms mentioned hereunder. On failure of any of such terms hereunder, the surety money will be forfeited by the Operator. Terms are :
    • Tenant served the notice of move-out as prescribed or applicablec on him.
    • Lock-in/minimum stay period successfully completed by the Tenant.
    • Tenants submits house clearance certificate as duly verified & approved by the Operator.
    • Tenant peacefully vacates the premises and handover the possession to the Operator.
  • The balance of security money will be refunded with in 21 days post move-out date to tenant’s bank account, as submitted or declared by tenant in written or at NStay Platforms, either by NEFT/Cheque/IMPS. Tenant will solely responsible if a wrong account submitted to Operator and balance money happened to be transferred into it.

Guest Hosting

  • A tenant needs to seek the compulsory permission of Operator before letting his hosts to stay overnight with them at premises and also the prior recorded consent of roommates. Operator has all the rights to refuse overnight stay of hosts.
  • If over-night of hosts shall be allowed to the Tenant, then
  • A valid Govt. ID Proof or Aadhar Card of the Tenant and his Host must have to be deposited by them to the Operator and the same will be returned only on peaceful move-out of the host.
  • Host must have to record his In-Out Entry in the Visitor’s Register in his own hand-writing along with filling all requisite information and must to be signed by himself.
  • A tenant would be responsible to pay fine and cost of damages, if any caused by his host.
  • Tenant would also be held responsible if the guest causes any inconvenience to another tenants or NStay Management/Society and he and his host solely will be responsible for any kind of mis happening, illegal acts or activities if any happened or caused due to their stay.
  • Tenant is advised to host his guests at the reception/waiting lounge/front desk area of the accommodation till 8 PM unless until Operator permits and recorded consent of roommates is not obtained or granted. Visitor Register entry must also have to be written by host in such cases also.
  • Hosts of opposite gender are strictly prohibited inside the accommodation for any reason other than blood relatives of the tenant or unless until it is a Co-ed living accommodation.
  • Visitor’s entry is restricted and limited to the helpdesk/reception of the accommodation. Their access to the living space/rooms/floors is strictly prohibited and a strict action will be taken against the visitor as well as against the Tenant who would found to be responsible in case of non-compliance of these terms.

Safety, Security and Damages

  • Tenant itself needs to take care of the safety of his valuables, deliverables at all times. Operator will not be responsible for any damage, loss or theft of precious items/parcels of a tenant.
  • Tenant must not make use of prohibited substances anywhere in the Accommodation. Indulging or using drugs or having banned substances (as per law) or illegal arms or activities/acts as illegal or unlawful in nature is strictly prohibited inside the Accommodation. If Operator detects any such things happening or to doubted to be happened inside the premises, valid action will be taken against tenant including registering of complaint with the near by police station and legal action against the same. The assistance of law enforcement agencies will also be taken to punish the law offender.
  • If any asset of Premises is damaged, stolen or made to malfunction by the Tenant, the Tenant itself will need to pay the actual cost of the asset or the money will be deducted from the security deposited by the tenant.
  • As the Operator will have a copy of a tenant’s room key for cleaning, maintenance, and emergency purposes, the tenant is advised to keep their valuables locked in a safe place at all times, especially when he is not in premises. Never leave any valuables unattended as the Operator won’t be responsibility for any loss or damage caused to tenants belongings.
  • NStay Management or the Operator shall not responsible if any kind of mis happening, illegal activities or such activities which are abandoned by law or involvement of the Tenant in any kind of criminal case or law proceedings happened or found to be happened by the tenant or to the Tenant either inside or outside the accommodation. Tenant shall be solely responsible for such kind of acts or activities.

Other General Terms

  • The tenant must submit a copy of each of the following document at the time of move-in into the Accommodation or must have to be uploaded through NStay Platforms as prescribed :
  • Photo ID Proof (PAN Card is not a valid Photo ID Proof)
  • Permanent Residence Proof
  • Official ID Card
  • Self Passport Size Photo
  • A self filled personal information form as prescribed by Operator pasted with a recent passport size photograph and signed by tenant itself must be submitted at the time of move-in into the Accommodation or must to complete the process of move-in through NStay Platforms.
  • The Tenant must have to follow the rules & regulations of tenancy as laid down by the local authorities/administrators/society/NStay Management/Operator and must follow the guidelines or advisory in this regard issued by such bodies from time to time.
  • The Tenant must not indulge in any illegal, immoral or socially inappropriate activities inside or outside the Accommodation. If the Tenant founds to be involved or suspected to be involved in the such things, necessary action will be taken against him by the Operator including registration of complaints to the local police. Operator also has the right of immediate termination of this agreement in such cases.
  • If the Tenant or his/her guest comes to Operator Accommodation in an inebriated manner, Operator will have the right to refuse entry to such tenant or his/her guest.
  • The Tenant is strictly prohibited to organize any kind of party, event or social gathering, especially one that has loud music and disturbs other tenants, neighbors and society as a whole.
  • The Tenant is prohibited from engaging in fights or any tension-causing issues with other tenants or any other person in or on the Accommodation or in the vicinity.
  • The Tenant cannot change any part of his room/fixtures & furnishings/premises without express written permission from the Operator.
  • If the Tenant harms himself/herself in or around the Accommodation, he shall be solemnly responsible for the consiquencies.
  • It is the duty of the Tenant to keep the Accommodation clean, safe and peaceful for all concerned and maintain hygiene in and around the Accommodation.
  • Submission of police verification report is mandatory for the Tenant staying at at the Accommodation and it is the sole responsibility of the Tenant to submit the same and this submission must be done within 7 days from the effective date of this agreement.
  • In case the Tenant breaks any rules mentioned herein or those which are revised periodically, Operator has all the rights to take an appropriate action against the Tenant and no refunds will be offered by the Operator to the Tenant.
  • In case Tenant becomes unwell or is infected with communicable disease, Tenant is advised to visit the near-by hospital, and tenant will not be allowed to stay or enter into the Accommodation till he gets a valid fitness certificate from a certified doctor.
  • The Opeartor has the right to inspect the Accommodation any time during the day hours without any prior notice.
  • All rights are reserved with the operator to amend/revised the terms of the tenancy policy, house rules and to issue advisory for terms of stay periodically, which will be effective from the date as it comes in force or from date of issuance or the date as posted on the NStay Platforms. Tenant must have to follow such revised policy terms/advisory of stay.
  • NStay has every right to forfeit the amount of security deposit or advance rent deposited by the Tenant in case of non-compliance of the terms of this Aggrement by the Tenant.

Termination

  • The terms of this Agreement shall be valid and binding upon the Parties for a period of maximum 11 months from the effective date of this agreement. The Agreement will be considered to be automatically renewed for another 11 months unless terminated by either Party in accordance with the Terms of this Agreement.
  • Either party shall have a right to terminate this Agreement by giving a 30 (thirty) days notice in advance ( either electronically or written) in accordance with the terms of this Aggrement.
  • In case of any default by the Tenant in respect to lock-in period or move-out notice period at the time of notice, the same notice of termination will not be honoured by the Operator and no refund will be offered and security money deposited will be forfeited and also all the pending dues will be recovered from the Tenant along with all the penalties, if any applicable. In case of failure of making such payments the Tenant shall be liable to pay such amount with a interest at the rate of 20% per annum.
  • If the Tenant serves the 30 days advance notice, as prescribed in this Agreement, to move-out on any mid-date of on-going month, the tenant shall be liable to pay the rent of all 30 days of the forthcoming month from 1st to last day, irrespective to the date of notice or the days of notice.

Jurisdiction

  • If any dispute shall arise between the Parties hereto concerning the construction, interpretation or application of any of the provisions of the Terms & Conditions, such dispute shall be referred to the arbitration of a single arbitrator to be appointed by Parties. The arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Gurugram, Haryana.
  • Any failure, delay or forbearance on the part of Operator in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Operator of any right, power or privilege preclude any other future exercise or enforcement thereof.
  • The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
  • The courts in Gurugram, Haryana shall have exclusive jurisdiction to settle any disputes between the Parties under this Agreement.