Terms Of Use
  1. Introduction
    1. This website www.openskyresorts.com and its mobile application (hereinafter collectively referred to as “Website”) are owned and operated by Leisure Hotels & Havelis Private Limited (“LHAH”), a company incorporated under the Companies Act, 2013 and having its registered office at D1213 Pkt 1 VasantKunj New Delhi 110070 and regional/corporate office at 5648 DLF Phase - IV, Gurgaon – 122009, which enables the user of the Website to connect with independent third party hotel owners offering renting of various guest houses/ hotels/ accommodations listed on the Website (“Services”). For the purpose of these TOU, “Channel Partner” shall mean the third party hotel/guest house/other entity in a similar business offering amongst other things boarding and lodging services and/or any other third party whose services are availed by the User through the Website.
    2. Your use of the Website is an acknowledgment that you have reviewed these Terms of Use (“TOU”) and agree to comply with and be legally bound thereby. These TOU govern your access to and use of the Website and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and Services.
    3. By using this Website you hereby acknowledge and agree that LHAH is not a hotel/guest house owner and has no control over the conduct or behaviour of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. LHAH disclaims any and all liabilities in this regard.
  2. Applicability
    1. These TOU incorporates the terms and conditions for your use of the Website and its related sites and tools and the terms and conditions on which LHAH shall provide Services to you through the Website or using any other customer interface channels of LHAH which includes its mobile site, applications for iOS, Android, Windows operating system, sales persons, offices, call centers, advertisements, information campaigns etc.
    2. For the purpose of the TOU, 'you' or "User" shall mean any natural or legal person who accesses the Website and/or has agreed to become a member on the Website using the computer systems of the website and accepted this electronic version / electronic record of the TOU and has allocated himself a unique identification to become a registered user or have been identified as a guest user intending to purchase or enquire for any product and/or services of LHAH by using the LHAH’s Website and/or through any other customer interface channels of LHAH.
    3. The User acknowledges that these TOU are in electronic form and has the same force and effect as an agreement in writing.
    4. By accessing, viewing, or using this Website/ Application, the User acknowledges, declares, confirms and represents & warrants to LHAH that the User has read and understood these TOU and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on the User. These TOU is effective immediately upon your accessing, viewing, or using this Website. You are advised to regularly check for any amendments or updates to the TOU mentioned herein from time to time. LHAH may add to or change, update these TOU from time to time entirely at its sole discretion. Your use of the Website and any amendment to the TOU shall constitute your acceptance of the TOU and you agree to be bound by any such changes/revisions/amendments. Website shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the TOU. Your access to the Website for purchasing the Services or for mere browsing is subject to the most current version of the TOU appearing on the Website at the time of such use.
    5. If at any time, any new feature or sub-page is added/ started by LHAH within the Site, or any links to external/related sub-pages are created/ developed by LHAH; then in all those cases the specific TOU for all such pages/links, which are available on such sub-pages shall be applicable upon the User. However, if any inconsistency is found between the TOU of the Site and TOU of the specific pages; then in that case the terms that are most recent would supersede any preceding TOU.

    These Terms of Use are categorized into two parts – Part A and Part B. While Part A covers the operational terms and conditions for the use of the Website and availing the Services on LHAH’s Website and/orother existing customer interface channels of LHAH, Part B includes the general terms and conditions in relation to booking / cancellation / usage of hotel accommodations by the Users and their family members, friends, relatives and guests for whom bookings are made from and through the Website.

  3. PART A

  4. Website
    1. The Website is an online marketplace where Users may meet and interact with Channel Partner for their transactions. Channel Partner’s list their guest houses, hotels and other lodgings on the Website and User reserves the accommodation at the prices specified by the Channel partner on the Website. LHAH hereby clarifies and the User agrees and understands that LHAH is not the owner of the accommodations listed on the Website and will not be liable for any services or lack of them at the accommodations booked by the User. It is hereby further clarified that LHAH and Channel Partners are separate and independent entities and LHAH does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.
    2. LHAH shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall LHAH be made a party to dispute between User(s) and Channel Partner(s).
  5. Eligibility and Requirements
    1. In consideration of use of the Website and availing of our Services, the User represents and confirms that he is of legal age to enter into a binding contract and is not a person barred from using the Website and/or to register for the Services listed on the Website, under the laws of India or other applicable law. If the User is registering as a business entity, the User represents that he is duly authorized by the business entity to accept these TOU and the User has the authority to bind that business entity to the TOU.
  6. Account and Registration
    1. LHAH makes the Services available to the User through the Website only if the User has provided LHAH certain required User information. The User may create an account through User ID and password. The Website may requireyou to register as a User by creating an account in order to utilise the Services provided by the Website.
    2. To register for Services, the User hasand must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website; (b) own access to the World Wide Web.
    3. Registration of the User on the Website is optional.If the User registers / opens an account on the Website, the User is responsible for maintaining the confidentiality of his user identification and password. If the User uses the Website as a guest user, the User is responsible for maintaining the confidentiality of his email address and mobile number. In both cases and in any event, the User is responsible for restricting access to his computer, computer system and computer network. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of his user identification and password, and shall be fully responsible for all activities that occur by use of such user identification and password. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
    4. It is the User’s duty to notify LHAH immediately in writing of any unauthorized use of his user identification and password. LHAH will not be liable for any loss that the User may incur as a result of unauthorized use of his user identification and password. The User agree to indemnify and hold harmless LHAH, and its affiliates, and their respective officers, employees, directors and agents from and against all losses, claims, liabilities, actions, damages from a breach of the terms of this clause by the User.
    5. By using LHAH’s Services and/or transacting on the Website, the User agreesto authorize LHAH and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
    6. The User also agrees to: (a) provide true, accurate and complete information about the User and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Userprovide any information that is untrue, inaccurate, not current or incomplete or LHAH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LHAH has the right to suspend or terminate the User registration and refuse any and all current or future use of the Website and/or the Services.
  7. User’s responsibility of cognizance of these Terms of Use
    1. The Userwhile using and/or availing services from the Website and/or any other customer interface channels of LHAH shall be deemed to have read, understood and expressly accepted the terms and conditions mentioned in these TOU.
    2. LHAH reserves the right, in its sole discretion, to terminate the access to any or all LHAH’s websites including the Website, or its other sales channels and the related Services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
    3. Additionally, the Channel Partner itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Channel Partner with whom the User elect to deal, including terms and conditions set forth in a Channel Partners' tariff rules, reservations, contract or other rules.
    4. In the event that any of the terms, conditions, and notices contained herein conflict with the other terms and guidelines contained within any other LHAH document/agreement, then these terms shall prevail.
  8. Payments, Fees and Taxes
    1. User hereby agree and understand that he will have to pay the transaction fee as mentioned on the Website for the concerned hotel accommodation via the payment mode provided on the Website post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, LHAH will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information. The payment terms are subject to the payment policy as stipulated in Part B hereof.
    2. LHAH uses third party payment providers to receive payments from the User. LHAH is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. LHAH takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
    3. All taxes, duties, cess, fees, charges, etc. including but not limited to service tax, payment gateway charges, convenience fee, etc.related to the use of the Servicesor in any transaction on the Website shall be borne by the User and if required, the User shall be responsible for depositing the same with relevant authorities.The User agrees to indemnify and hold harmless LHAH, and its affiliates, and their respective officers, employees, directors and agents from and against all losses, claims, liabilities, actions, damages that arise due to breach of this clause by the User.
    4. In case, there is a short charging by LHAH for any Services or transaction fee or any other fee or service because of any technical or other reason, LHAH reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
    5. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, LHAH will process the refund and intimate the User of the same. LHAH is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation. The Useris advised to check the status of his reservation with the Channel Partner on completion of a booking on the Website.
  9. Collection and use of information by LHAH
    1. LHAH may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking.
    2. LHAH may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the booking, for any reason whatsoever, to know the User’s preference for concluding the booking and also to help the User for the same. It is the duty of the User to keep his e-mail address accurate and up to date and to maintain a valid email address and to ensure that e-mails sent by LHAH to him are not filtered or stopped by spam filters or other types of email blocking functionalities.
    3. LHAH may also contact the User by voice call, SMS or email seeking feedback on the Services, the Website and/or the services of the Channel Partner.
    4. The User hereby unconditionally consents that such communications via SMS and/ or voice call by LHAH is (a) upon the User’s request and authorization, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify LHAH, and its affiliates, and their respective officers, employees, directors and agents from and against all losses, claims, liabilities, actions, damages due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on LHAH with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
  10. Onus of the User
    1. LHAH is responsible only for the transactions that are done by the User through LHAH. LHAH will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
    2. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the Services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the Services with respect to the jurisdiction concerned for each transaction.
    3. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Servicesunder the laws of India or other applicable law.
  11. Accuracy of Information
    1. LHAH has endeavoured to ensure the accuracy of all information the User see on the Website including any information in relation to a Channel Partner, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Further, LHAH makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
    2. LHAH takes no responsibility of the information relating to a Channel Partner displayed on the Website including any pictures, videos or any other information relating to a Channel Partner ("Channel Partner Information"). Such Channel Partner Information may have been provided to us by third parties and/or directly by the Channel Partner and LHAH is not responsible for any inaccuracy in the Channel Partner Information. The User is advised to check the accuracy of the Channel Partner Information before making any reservation and making any payment.
    3. The User agrees that:
      1. LHAH is not responsible for any non-performance or breach of any contract entered into between a User and a Channel Partner. LHAH cannot and does not guarantee that the concerned Channel Partner and/or Users will perform any transaction concluded on the Website. LHAH shall not and is not required to mediate or resolve any dispute or disagreement between a User and a Channel Partner.
      2. LHAH does not make any representation or warranty as to the item-specifics of the Services to be provided by a Channel Partner booked through the Website. LHAH accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
      3. LHAH does not make any representation or warranty as to the legal title, creditworthiness, etc. of any of its Users and/or Channel Partner. The User is advised to independently verify the bona fides of any particular Channel Partner.
      4. LHAH is not responsible for unsatisfactory or delayed performance of Services by a Channel Partner.
      5. The User agrees to release and indemnify the LHAH, and its affiliates, and their respective officers, employees, directors and agents from any cost, damage, liability or other consequence of any of the actions of the Channel Partner and specifically waive any claims that the User may have in this behalf under any applicable law.
      6. LHAH cannot control the information provided by Channel Partners which is made available on the Website. LHAH takes no responsibility on the Services rendered by any Channel Partner and for any conditions of the Channel Partner.
  12. Advertisers and Linked Websites
    1. The Website may, contain links to sites owned and maintained by persons or entities other than LHAH. LHAH may also provide links to the other sites for purpose of enabling the User to make payment to LHAH. Any of the foregoing links do not constitute an endorsement by LHAH of any such sites and are provided only as a convenience. LHAH is not responsible for the content or links displayed on such sites. LHAH is not responsible for the privacy practices of such sites which LHAH does not own, manage or control. LHAH does not regularly review, and makes no warranty or representation regarding materials posted, or Services offered, on the sites to which this Website may be linked and LHAH shall not be responsible for any deficiency thereof. LHAH does not endorse any or all of the materials, Services, and Services available on such linked sites, and LHAH expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of the User and is made at the User’s own risk.
  13. Promotions
    1. From time to time, and at LHAH’s sole discretion, LHAH may offer promotional programs as an incentive to Users. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by the User before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. LHAH reserves the right, in its sole discretion, to cancel or refuse promotions. You permit LHAH to send you promotional emails, messages, and communications on your contact information.
  14. Privacy Policy
    1. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy in respect of the Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
  15. Violation of Terms of Use and threatening behavior
    1. Although LHAH is not responsible for screening or monitoring user content, LHAH may review and delete any content that violates these TOU, violates applicable law, rule or regulation, is offensive or illegal, violates the copyrights of another or violates the rights of, harms or threatens the safety of users of the Website. If the User engages in prohibited behaviorthe User risk expulsion from the Website, and future restrictions may be placed upon the User’s continued access to the Website. If appropriate, legal action may be instituted against the User. LHAH will also remove the User’s content from the Website.
    2. The User acknowledges and warrants that LHAH has not instigated and/ or forced the User to register on the Website. Any such registration is voluntarily made by the User.
  16. Intellectual Property
    1. The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to LHAH or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for LHAH to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to the Website and that use of his/her content by LHAH shall not infringe upon or violate the rights of any third party. LHAH, its mark and logo are its trademarks. The User understands and agrees not to display or use these trademarks in any manner whatsoever.
  17. Proprietary Rights
    1. LHAH may provide the User with contents such as photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.The User may use this material only as expressly authorized by LHAH and shall not copy, transmit or create derivative works of such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
  18. Disclaimer
    1. The Services are provided by LHAH on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, LHAH makes no warranty that (i) the Website or the Services will meet your requirements or your use of the Website or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or Services will be effective, accurate or reliable; (iii) the quality of the Website or Services will meet your expectations; or that (iv) any errors or defects in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from LHAH or through or from use of the Website shall create any warranty not expressly stated in the terms of use.
    2. LHAH shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.
  19. Indemnification
    1. The User agrees to indemnify, defend and hold LHAH harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LHAH that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
  20. Limitation of Liability
    1. LHAH shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of the Website or any of the information, software, Services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if LHAH has been advised of the possibility of damages.
    2. Notwithstanding anything to the contrary contained herein or elsewhere, LHAH entire liability to the user for any claim arising out of purchasing / browsing the Website shall be limited to the amount equivalent to the price paid for the product and services giving rise to such claim.
    3. The Users availing Services through LHAH’s platform are requested to kindly take due care of all their personal valuables and belongings. LHAH’s management and its employees shall NOT be responsible for ‎any loss, theft or damage to such Users personal valuables and belongings.
  21. Termination / Access restriction
    1. LHAH reserves the right, in its sole discretion, to terminate the access to the Website or any portion thereof at any time, without notice.
  22. Miscellaneous
    1. The TOU constitute the entire agreement between the User and LHAH and govern the User’s use of the Website.
    2. The TOU and the relationship between the User and LHAH shall be governed by the laws of the country of India without regard to its conflict of law provisions and courts at Delhi alone shall have the exclusive jurisdiction to try and entertain any dispute arising out between the User and LHAH.
    3. All notices, consents, confirmations, or other communications between the User and LHAH shall be in writing, in English and delivered personally, by courier or registered airmail or by email, to the parties at the following addresses:
      1. If to LHAH at:
        Attn.: Leisure Hotels &Havelis Private Limited
        Address: 5648 DLF Phase - IV, Gurgaon – 122009
        Email: info@openskyresorts.com
      2. If to a User as per the details provided by him as part of the contact information.

      Notices shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by e-mail, it comes to the knowledge of the sending party, that the email address is invalid.

    4. The failure of LHAH to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this TOU shall continue to be in full force and effect.
    5. None of the provisions of the TOU, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the linked sites, shall be deemed to constitute a partnership between the User and LHAHand no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
    6. The decision of LHAH in relation to any aspect of the Website, its contents, registration process and/or information / entry to events shall be final and binding on all Users.

PART B

  1. GUEST POLICIES AND GENERAL TERMS AND CONDITIONS
    1. The primary guest (whether it is User or any of his family member, friend, guest or relative in whose name the booking is made by the User) must be at least 18 years of age to be able to check-in the hotel.
    2. It is mandatory for the User and any person in whose name the booking is made by the User 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 Driving License, Voter ID Card, Aadhar Card and Passport. Without valid ID the guest will not be allowed to check-in.
    3. PAN cards are not accepted as a valid ID card.
    4. Stay of 1 child up to 5 years of age is complementary without the use of extra mattress. Breakfast charges may be applicable for the child.
    5. Requirement of an extra mattress will be treated as a third occupancy.
    6. Pets are not allowed in the hotel premises.
    7. Should any action by a guest be deemed inappropriate by the hotel, or if any inappropriate behaviour is brought to the attention of the hotel, the hotel reserves the right, after the allegations have been investigated, to take action against the guest.
    8. A discounted booking cannot be modified. In case of early check-out for such a booking, no amount will be refunded.
    9. Certain destinations may have different policies for specific times during the year.
    10. 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.
    11. Certain policies may be booking specific and are informed to the customer while making the booking.
    12. Certain policies may be Channel Partner specific and may be viewed on the Channel Partner website or the hotel page while booking.
  2. Booking Extension Policy
    1. Extension of stay may be provided on current room rates, subject to the availability by the Channel Partners and the terms & conditions governing such extension.
    2. Current room rates may be different from the rates at which the rooms were booked.
  3. Cancellation and No-Show
    1. Cancellation charges may be applicable in the event of no-show or cancellation of bookingsin accordance with the Channel Partner’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the Channel Partner carefully prior to making your booking / reservation and remember to make further payments on time as may be required for the relevant reservation..LHAH does not accept any liability or responsibility for the consequences of your cancellation or charged no-show fee by the Channel Partner.
    2. A booking may be cancelled through the Website, email or call centre. The applicable refund amount may be credited within 14 working days to the bank account of the User as per the details provided by the User at the time of booking.