These Terms and Conditions (“Agreement”) contain important and critical information regarding rights, obligations and remedies available to you while using the Rockstays Portal. Unless otherwise mentioned, “You” and “Your” refers to both Travellers as well as Hosts. You should understand how law is applicable (works) in your own particular jurisdiction. Laws can differ greatly from one jurisdiction to another and You are advised to understand which laws are applicable to You before listing Your property on the Portal or before booking a property through the Portal.
TERMS AND CONDITIONS
Rockstays is owned by Indicus Hospitality Ventures Private Limited (“IHVPL”) and is the brand name under which IHVPL operates an online travel ecommerce business. The Rockstays Portal (“Portal”) includes the Rockstays site (www.rockstays.com) (“Site”) and mobile applications (“Applications”). While performing any activity through the Portal You are contracting with IHVPL. These Terms and Conditions are a binding legal Agreement between You and IHVPL and covers Your use of the Portal, Your content posted on the Portal, Your content sourced through any third party Social Networking sites, campaigns in which You choose to participate which are launched by Rockstays, any offers and discounts launched by Rockstays which You may choose to avail and any such similar interactions between You and Rockstays.
Rockstays is a marketplace which connects property owners (Hosts) with customers (Travellers) who wish to book the Hosts accommodation for a limited period of time. Hosts can offers a variety of services in addition to the property such as cleaning, transportation, food etc. (“Services”). Travellers can book such services through the Portal. Any such booking is an Agreement between the Host and Traveller and Rockstays will not be a Party in any such Agreement.
In case You are accepting these Terms and Conditions on behalf of a legally recognised third party, You warrant and represent that You have the authority and required approval to take such a position.
Throughout this document, all terms are meant to be gender neutral and the singular refers to the plural and vice versa.
OTHER TERMS AND CONDITIONS
These Terms have to be read in conjunction with our other policies. Other Policies posted elsewhere on the Portal may have terms different from those contained in this Agreement. In such a situation, the terms mentioned in such Other Policies shall prevail over this Agreement.
In case You do not agree to these Terms, You have no right to use the Portal to enjoy Services offered. Failure to use the Services in accordance with the Terms mentioned herein can lead to civil and criminal penalties.
Rockstays can modify the Terms contained in this Agreement, including its Service Fee, in its sole discretion at any time without giving any prior notice. Such agreement (“Modified Agreement”) shall be accessible through the Site and Rockstays may choose to notify Members of the uploading of such Modified Agreement. The Modified Agreement will carry a date from when the modifications will become effective and all previous terms shall stand superseded. In case You do not agree to the terms in such Modified Agreement, You must stop using the Portal.
The Portal is meant for the use of people who are 18 years or older. By using the Portal you warrant and represent that you are 18 years or older.
Portal – Refers to the Site, mobile application and Services offered by Rockstays through the Site and Application
Content - Includes all text, images and pictures, videos and other media provided on the Portal. Content excludes the Site and Application but may include other software.
Member Content – Includes all content created by Members on the Rockstays Portal
Rockstays Content – Refers to all content available on the Portal excluding Member content
Full Content – Includes both Rockstays Content as well as Member Content
Host – Refers to a person who lists an accommodation on the Portal and includes authorised representatives with the power to act on the Host’s behalf
Traveller – Refers to a person who uses the Portal to book an accommodation, irrespective of whether the traveller is able to successfully make a booking and is able to enjoy the booking. The Portal does not allow a Host to be a Traveller in his own accommodation.
Member – Refers to those who have registered with the Portal and have accepted the Terms and Conditions of the Portal and includes, but is not limited to, Travellers and Hosts.
Listing – Refers to an accommodation listed by a Host on the Portal which may or many not be available for booking
Booking Fees - Means the sums of money that are payable by a Traveller in exchange for enjoying all service offered by the Host to the Traveller and includes all applicable taxes
Traveller Fees – Service fee charged by Rockstays for the use of the Portal which is payable by Travellers
Taxes – Refers to all kinds of taxes levied by government bodies which are incidental to and arises as a consequence of a monetary transaction between a Traveller and a Host
Total Fees – Total fees paid by a Traveller. This includes the Booking Fees, Traveller Fees and Taxes
Medal – Rockstays may provide certain medals to Hosts based on certain performance criteria at the discretion of Rockstays. Such Medals are not meant to be an endorsement for any Member or any accommodation
Rockstays Portal is an online marketplace which connects Hosts who list their accommodation with Travellers who want to book an accommodation. To aid the Traveller in making a choice, he can view a variety of information regarding the Host and the accommodation on offer.
The Portal is meant to act and operate as a marketplace to connect Travellers who are looking to book a room with Hosts who have listed their space on Rockstays Portal for booking. Rockstays will purely facilitate the transaction and not become a party to any agreements between the Traveller and Host.
Exclusions of Rockstays’ responsibility
- Rockstays will not be a Party to any Agreement between Travellers and Hosts
- Rockstays is not responsible for any Member Content
- Rockstays does not own any properties listed on the Portal
- Rockstays is not a sales agent or broker for any properties listed on the Portal
- Rockstays is not an insurance provider or insurance agent
Rockstays’ responsibilities are
- To make the Portal available to Members
- To collect payments from Travellers on behalf of Hosts
Allowed actions on the Portal
For Hosts: Hosts will put up their properties on the Portal and fill the required details and information as mentioned on the Portal.
For Travellers: Travellers will be able to sort through a selection or properties based on search criteria entered by them on the Portal, select a property, see details of the property, see details of the Host, message the Host, book a property, pay for the booking, manage their identification proofs, see details of past and upcoming travels and modify or cancel their booking subject to certain Terms and Conditions
Unregistered Members: They will be able to sort through the properties but not be able to book without registering
Different parts of the Portal
Creating an Account
To book a property listed on the Rockstays Portal or Host a property on the Portal, You will have to register with the Portal and create an account (“Rockstays Account”). Once registered, You will become a Member. You can ‘Sign In’ on the Portal through Your Facebook Account, Twitter Account or Google Account as well (“TPSNS” or third-party Social Networking Sites) subject to the Terms and Conditions of such sites.
Members may choose to link their TPSNS Account to their Rockstays Account by giving Rockstays explicit permission to access their TPSNS Account without breach of any terms and conditions that govern Your use of the Third-Party Account and without obligating Rockstays to pay any fees to the Third-Party service providers. By giving access to Rockstays to Your TPSNS, You are giving permission to Rockstays to access, store and use any content you have created and stored in your Third-Party Account (“TP Content”). Such TP Content may include personally identifiable information as well. Such TP Content shall be treated as Member Content by Rockstays. Such content might be also available through the Rockstays Portal and also on your Profile Page.
Please note that Rockstays is not a Party in your relationship or agreement with Third-Party Service providers and does not review any TPSNS Content and is not responsible for any TPSNS Content. In case a Third Party Account becomes unavailable for whatever reason, TP Content may no longer be available on the Portal.
You undertake the following:-
- You will not create and operate more than one account
- You shall provide accurate, relevant, current and complete information about yourself during registration
- You will update and keep current and relevant, all such information provided
You understand the following:-
- Rockstays reserves the right to suspend or terminate Your account and your access to the Portal in case the above undertakings are violated.
- It is Your responsibility to safeguard your login and password for accessing the Rockstays Portal
- You take sole responsibility for your actions and behaviour while operating your Rockstays account
- You also take sole responsibility for any actions and activities undertaken through your account whether you have authorised such actions and activities or not
- You will promptly notify Rockstays in case of any unauthorised activity on your Rockstays Account.
Listing an accommodation
Registered Members on Rockstays Portal can create accommodation listings and put them up on the Portal for other registered Members to book.
While creating an accommodation listing, two sets of information have to be provided:-
- Accommodation related information: This includes but is not limited to, location of the accommodation, valid physical address, description of the accommodation, periods of availability, price, amenities, safety features, rules, financial terms and other information asked for on the Portal.
- Host related information: This includes but is not limited to, information of the Member putting up an accommodation such as name, id proof, contact details and other information asked on the Portal.
The list of required information may get changed from time to time without informing Members.
When a Hosts registers on the Portal, he will need to be verified by Rockstays before being allowed to list his accommodation. Such verification will be based upon the information submitted by the Host while creating a profile and Rockstays may seek additional information for potential Hosts.
Hosts undertake the following:-
- That You own or have right of access to the accommodation You wish to list on the Portal
- That You shall provide accurate, relevant and current information related to the accommodation as asked for during the listing process on Rockstays Portal
Such accommodation, may be reviewed by Rockstays before launching on the Portal. You understand that:-
- Rockstays may ask you to make modifications to the listing information, seek additional information or seek clarifications and alter the information provided to be put up on the Portal
- Rockstays may refuse to put up an accommodation on the Portal for any reason whatsoever without becoming obligated to provide any explanation whatsoever
Once approved by Rockstays, the accommodation shall be listed on the website for Members to view and book. Hosts understand and agree to the following:-
- Once a Traveller requests a booking, You will not ask for a price higher that listed on the Portal
- You will not make financial arrangements with Travellers obtained through Rockstays Portal without the knowledge of Rockstays and through means outside of Rockstays Portal
The Portal provides Hosts with tools through which they can set certain rules and constraints with which Travellers are expected to comply with. Hosts understand and agree to the following:-
- You are solely responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Traveller and the individuals the Traveller invites to the Accommodation, if applicable
- Rockstays shall not be responsible in case a Traveller violates any rule set by You. Rockstays is simply a marketplace to facilitate meeting of buyer and seller
- You shall be responsible for resolving such violations in as amicable a way as possible and Rockstays may provide any reasonable assistance as it deems fit without becoming obligated to do so
As a Host, you acknowledge, understand and agree that:-
- You alone are responsible for any listings you put up on the Portal including all associated Member Content you post
- During a Traveller’s stay in Your accommodation, You will not breach any agreements entered into between You and any third parties and between You and Travellers
- At all times, You will be in compliance with all relevant and applicable laws and regulations
- Rockstays is not responsible for points (a), (b) and (c) mentioned herein
- Rockstays reserves the right to remove a listing in case a Host is found to violate any of these Terms and Conditions.
As a Host, You understand that Rockstays does not act or intend to act as an insurance provider or insurance agent. Rockstays may facilitate the availability of insurance products of third party insurance providers on its Portal. In doing so, Rockstays is not acting as an insurance agent and is also not recommending insurance products and Hosts and Travellers are requested to read the Terms and Conditions mentioned in the insurance policies of the insurance providers to decide whether to purchase the insurance product or not.
Rockstays may choose to award medals to some Hosts or Accommodations depending upon certain performance criteria. Before Hosts can list properties on the Portal, Rockstays will need to verify the Host based on information submitted by the Hosts. Rockstays may verify certain other Members besides the Hosts. You understand that when Rockstays provides a Medal to a Host or verifies a member, it is not making any representation, nor endorsing nor recommending a listing or a Traveller or a Host. It is merely providing tools to You to make an informed decision. Any ratings mentioned on the Portal are based on feedback provided by Travellers and such ratings are also not an endorsement, by Rockstays, of any accommodation or Host or Traveller.
Communications with Rockstays
Members shall communicate with Rockstays through methods available on the Portal. These may include email addresses, phone numbers, messengers etc. Rockstays may choose to communicate with You through third party authorised representatives.
Booking process for Hosts
Traveller makes a booking
When a Traveller makes a booking for Your listing, You will receive the following information about them – (1) Name, (2) arrival and departure dates, (3) link to their profile page on the Portal, (4) other information provided such as contact details, email addresses etc. The Traveller may also choose to send to a Host, a copy of his Identification Proof. Hosts understand that some of this information might not have been verified by Rockstays.
Traveller makes a payment
Rockstays has tied up with HDFC Bank for payment gateway services. Travellers can make payments through multiple channels such as credit card, debit card and net banking. While booking, ‘Rockstays Banking’, authorised payment collection agent of Rockstays, will collect the Total Fees at the time of booking confirmation and will initiate the process of payment of the Booking fees after deducting Rockstays Fees and payment gateway charges and banking fees (“Final Payment”) within 24 hours of when a Traveller arrives at the Host’s accommodation. The time taken for Hosts to receive the payment will depend upon the payment method chosen by the Host.
HDFC as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Rockstays may withhold amounts owed by You to Rockstays from the Final Payment due to You. In such a situation Your liability towards Rockstays shall stand reduced by the withheld amount. In addition to the amounts due to Rockstays, if Your account is delinquent or You have charge backs against your account, You may be charged fees that are incidental to our collection of such outstanding total dues.
Rockstays Banking, if necessary, may collect the Total Fees at a later point from Travellers in its sole discretion. Members should understand that Rockstays Banking cannot dictate, change or control any fees charged by banks or payment gateways and Rockstays Banking disclaims any liability in this regard.
Rockstays Banking – Appointment as Payment Collection Agent for Host in a limited capacity
Hosts agree to appoint Rockstays Banking as the Host’s payment collection agent solely for the purpose of accepting Total Fees from Travellers. Hosts agree that payments made by a Traveller through Rockstays Banking shall be considered same as payment made directly to the Host and Hosts shall make accommodation available to the Traveller in the agreed-upon manner as if the Host has received the accommodation fees.
Hosts agree that in case Travellers cancel a booking, in accordance with the Traveller Policy, they will permit the Travellers to cancel the booking and refund, via Rockstays Banking, amounts as specified in the Traveller Policy. Hosts understand that Rockstays Banking only acts as a limited payment collection agent and Rockstays obligation to pay Hosts is contingent upon its receiving amounts from Travellers. Rockstays Banking does not guarantee payments to Hosts for amounts that have not been successfully received by it from Travellers. Rockstays Banking assumes no liability for any acts or omissions of the Host.
Rockstays does not, at present, charge listing fees to Hosts. However, Rockstays may choose to charge such fees in the future. Rockstays shall provide notice for such changes through the Portal.
Travellers agree to:-
- Pay Rockstays Banking, the Total Fees for booking an accommodation through the methods available on the Portal
- Authorise Rockstays Banking to collect such Total Fees through payment process chosen by the Travellers either directly or via a third party payment processor
- Authorise Rockstays Banking to charge credit card in the event of any damage caused by a Traveller during the booking period
Travellers understand and agree that in order to establish a booking, Rockstays Banking reserves the right, in its sole discretion, to obtain a pre-authorization via your credit card for the Total Fees or charge your credit card a nominal amount to verify your credit card.
Rockstays charges service fees from Travellers for providing them access to book accommodations through the Portal. Such fees are added to the fees charges by Hosts for the property and services offered. Rockstays Fees are non-refundable except in certain circumstances.
Payment to Hosts
Balances will be remitted to Hosts after deducting Rockstays Fees from the Total Fees paid by Travellers. Payment gateways charges and currency processing charges, if any, will be an additional levy post which the balance sums shall be paid to the account provided by the Host.
Rockstays may impose or deduct foreign currency processing costs from payments made in currencies other than Indian Rupees. At present, Rockstays Banking offers the following currencies for payment – Indian Rupees, United States Dollar, Great British Pounds and Euro. All amounts shall be rounded up or rounded down to the nearest whole functional base in which the currency is denominated depending on the case. These cases are – (a) INR 150.4 gets rounded to INR 150, (b) INR 150.5 gets rounded to INR 151 and (c) INR 150.6 gets rounded to INR 151. Rockstays Banking may introduce other currencies in the future.
Payment Processing Errors
Rockstays Banking will take all necessary steps to rectify any payment processing errors that we become aware of.
Cancellation and Refunds
Refer to Traveller Policy.
Refer to Traveller Policy.
If a Host cancels a confirmed booking made through the Rockstays Portal, Rockstays Banking shall refund the Total Fees for such bookings to the applicable Traveller within a commercially reasonable time and send communication to the Traveller regarding similar listings on the Portal. In case the Traveller books an accommodation from among the alternate listings or uses the Portal to book any other listing, the Traveller agrees to pay the Total Fees of such confirmed booking to Rockstays according to these Terms. In case a Host has cancelled Your bookings and you have not received any communication from Rockstays, please contact us through the methods mentioned on the Portal.
Hosts agree that in case they cancel a confirmed booking, Rockstays may levy penalties to You or Your listing. Such penalties may include – (a) automated adverse reviews on Your listing page mentioning that a reservation or reservations were cancelled, (b) blocking new bookings for the date the cancellation was made or (c) levying cancellation penalties from future booking payments or a combination of (a), (b) and (c). You will be notified of the situation in which cancellation fee applies before You cancel a booking.
In certain cases, Rockstays may decide, in its sole discretion, that it is desirable or necessary to cancel a confirmed booking made from the Portal. In such a situation, Rockstays may refund part or full amounts charged to Travellers. You agree that Rockstays, relevant Host or relevant Traveller will not have any liability for such cancellation or refunds.
As a Host, You agree that in case a Traveller cancels a booking and You have already been paid sums for the booking, Rockstays shall be entitled to recover dues in accordance to Your Cancellation and Refund Policy. Such recovery may also be through deducting from any future accommodation fees due to You.
Hosts agree to quote amounts for booking the accommodation and for services offered inclusive of taxes. Rockstays will not retain any such taxes due from the Total Fees paid by Travellers. Hosts understand and agree that they are solely responsible for determining their tax reporting requirement and for figuring out taxes they have to include in their booking amount. Hosts are solely responsible for remitting such taxes to the relevant authorities. Rockstays does not provide tax related advice to Members.
Rockstays has nothing to do with tax compliance requirement of Hosts.
Amount of Booking Fees collected shall be separately visible in the breakup of total amount due for a booking and shall be separately stated to both the Traveller and Hosts in their separate transaction documents.
Property Damage related to Accommodations
Travellers understand and agree:-
- That they are responsible for leaving the accommodation in the condition in which they found the accommodation when they arrived
- That they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals that they give access to the accommodation during the period of their booking
- In the event where a Host provides evidence of damage through methods including but not limited to, photographs, they agree to pay the cost of either replacing damaged goods with equivalent items or bringing damaged goods to a state equivalent to a state before their arrival (“Repair Costs”).
- After being notified of a claim and given 2 days (48 hours) to respond, Repair Costs shall be charged to their credit card on record with Rockstays. Rockstays reserves the right to charge their credit card or pursue other means necessary to recover the Repair Costs from them including deducting amounts from Security Deposit
- If we are unable to charge the credit card on file or otherwise collect payment from Travellers, they agree to remit payment for any damage to the Accommodation to the applicable Host or to Rockstays (if applicable).
Both Travellers and Hosts agrees:-
- To cooperate with and assist Rockstays and provide Rockstays with information and undertake such reasonable actions as may be requested by Rockstays in determining the extent of damage, the value of damage, remedies in this regard and recover the Repair Costs from Travellers.
- To make all reasonable efforts to resolve any conflict arising as a consequence to the Repair Cost collection process.
Travellers agree that :
- Rockstays may recover Repair Costs from any insurance policy that exists which covers damages and loss caused by Travellers while renting an accommodation. Travellers agree to fully cooperate with Rockstays in such a situation and provide information as requested by Rockstays to make a claim from such insurance companies.
Overstaying without the Host's Consent
Traveller understand and agree that a conformed reservation is a license granted to them for a limited period to enter, occupy and use the accommodation for the limited duration of the booking period. Travellers agree to leave the accommodation after their booking period is over before the checkout time mentioned by Hosts on their listing page or by a time mutually agreed by Hosts and Travellers. Guests understand and agree that after the checkout time, they are no longer entitled to occupy the accommodation premises and Hosts are entitled to make Traveller leave. Travellers agree that Hosts are entitled to charge for each 24 hours that they overstay, a rate of 2 times the average nightly accommodation fee paid by the Traveller, applicable service tax, taxes and other fees including legal fees incurred to make the Traveller leave the Hosts’ accommodation. Travellers agree that Rockstays Banking shall charge a Travellers credit card or any other payment method on record to collect such sums of money and, in addition, recover any costs and expenses it incurs in collecting such dues from Travellers by charging Travellers credit card or other payment methods on file.
Rockstays Portal allows transaction in limited foreign currencies and listings on the Portal will display rates of the accommodation in such foreign currencies as selected by Travellers. Foreign currencies transaction shall involve a currency conversion costs as charged by banks and payment gateways and such costs shall be in addition to the listed price. Such currency conversion costs may vary from time to time.
Listing Currency – Refers to currency in which Hosts put up their listing on the Rockstays Portal
Display Currency – Currency in which a Member chooses to view a listing’s price depending upon the set of options available
Payment Currency – Currency in which a Traveller has to pay for booking an accommodation
Payout currency – Currency in which a Host will receive his payout. This is set by the Host.
Conversion rate – Rate used to convert from one currency to another while displaying property prices on the Portal. Such rates are an indication and are not actual rates at which transactions will happen.
Exchange Rate – This is the actual rates at which transactions will happen. Such rates will depend upon market rate and charges levied by third-party payment processors.
Actual transactions on the Portal will happen at Exchange Rates which will be used to convert from one currency to another. Such rates will depend upon rates provided by third-party payment processors and Rockstays cannot control, alter or in any way dictate such Exchange Rates.
Members understand that Rockstays may preserve and disclose any of your information if we are required to do so by law or when Rockstays deems it necessary in its own discretion in order to:-
- Respond to legal processes
- Administer any of or all our Agreements with Members
- Prevent fraud, risk assessment, product development, product debugging, investigations, customer support
You acknowledge that Rockstays has no obligation to monitor Your use of the Portal or to review and edit any Member Content, but has the right to do so in order to improve the functionalities and operations of the Portal. Rockstays reserves the right, at any time and without prior notice, to remove or disable access to any Content, at its sole discretion, which it considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to intent of the Portal.
You acknowledge and agree that the Portal and all content on the Portal including all associated intellectual property rights are the exclusive property of IHVPL (Indicus Hospitality Ventures Private Limited).
Rockstays may have multiple product and service offerings which will have their own Terms and Conditions. In that case, those Terms and Conditions shall become a part of these Terms and Conditions.
Limited, non-exclusive, non-transferrable licences
Mobile application - Subject to your compliance with these Terms, Rockstays grants you a limited, non-exclusive and non-transferrable licence to download, install a copy and run for Your personal use a copy of the Rockstays mobile application on each electronic device that You own.
Rockstays Content and Member Content License - Subject to your compliance with these Terms, Rockstays grants you a limited, non-exclusive and non-transferrable licence to view content displayed on the Portal for Your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Rockstays does no claim any ownership rights over any Member Content. Rockstays, in its sole discretion, may control the content Members post, upload, transfer or process on the Portal. Members agree to give Rockstays the irrevocable, perpetual, license and royalty fee free, non-exclusive, transferable, worldwide right to use, sublicense, process, sell, transfer, distribute, display, broadcast and exploit in any manner commercial or otherwise through any means, such Member Content to promote the Portal.
Members understand and agree that they are solely responsible for all Member Content that they put up on the Portal and Rockstays does not have the responsibility to check and verify the correctness, accuracy, relevance, propriety and legalities associated with such Member Content. Rockstays disclaims any liability associated with any Member Content made available on the Portal.
Google Maps API
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Rockstays used herein are trademarks or registered trademarks of Rockstays unless otherwise specified.
Members acknowledge and agree that all Feedback provided by them to Rockstays shall be the sole and exclusive property of Rockstays. You will sign paperwork and make all efforts to maintain and protect Rockstays rights over such Feedback on Rockstay’s request at Rockstay’s expense.
Rockstays respects copyright law and expects its members to do the same. Rockstays may choose to terminate accounts of Members it finds in violation of copyrights of copyright holders in its sole discretion without providing any explanation for its actions.
Suspension, Deactivation and Termination of Rockstays Account by Rockstays
Rockstays may, in its sole discretion, without providing any reason, at any time, with or without cause, without giving advance notice and without liability to You, decide to impose limits on Your Rockstays Account or suspend, deactivate or terminate Your Rockstays Account. In such a situation any or all of the following may happen:-
- You will not be able to access the Portal, Your Content and receive support from Rockstays Customer Service
- any pending or accepted future bookings as either Host or Traveller will be immediately terminated and Your Traveller or Host may be notified of the same
- we may refund your Travellers in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies
- we may contact your Travellers to inform them about potential alternate Accommodations with other Hosts that may be available on the Portal
- You will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Rockstays Account.
Rockstays Account Cancellation by Members
Members may cancel their Rockstays Account at any time through the Portal. Members agree that on cancellation of their Rockstays Account, Rockstays does not have an obligation to delete or return to them any Member Content including Feedback.
You agree to release, defend, indemnify, and hold Rockstays and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:-
- your access to or use of the Portal, or Full Content or your Member Content violation of these Terms
- your violations of terms of this Agreement
- your (a) interaction with any Member, (b) booking of an Accommodation, or (c) creation of a Listing
- the use of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation
- your participation in any programs, promotions and campaigns launched by Rockstays
Prohibited and Restricted Countries
The use, export, re-export, import and transfer of the Portal is subject to Indian laws and laws of the jurisdiction where the Portal was made available. By using the Portal, You represent and warrant that
- neither you nor your listed Accommodation is located in “terrorist supporting” country
- neither you nor your listed Accommodation is located in a country subject to an Indian Government embargo
- neither you nor your listed Accommodation is located in a country which figures in a list of prohibited or restricted countries as determined by the Indian Government
If you stay with or Host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rockstays by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Rockstays and you regarding the Portal and any bookings or Listings of Accommodations made via the Portal, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rockstays and you regarding your use of the Portal.
Parties to this Agreement
These Terms do not and are not intended to confer any rights or remedies upon any person other than the following Parties – Rockstays, IHVPL, Hosts and Travellers.
You may not assign or transfer these Terms, by operation of law or otherwise, without Rockstays' prior written consent. Rockstays may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices from Rockstays
Any notices or other communications will be in writing and given by Rockstays through any one or through a combination of the following - via email, posting on the Portal.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of India.
Any dispute, controversy, claim or disagreement of any kind whatsoever between Rockstays and other Parties (together referred to as the “Parties”) in connection with or arising out of this Agreement or the breach, termination or invalidity thereof (hereinafter referred to as a "Dispute") shall be referred to a Sole Arbitrator, whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration under the Indian Arbitration & Conciliation Act, 1996 of any modification or re-enactment thereof. This Agreement and the rights and obligations of the Parties shall remain in full force and effect pending the award in such arbitration proceeding. The seat and venue of the arbitration shall be New Delhi and the arbitration shall be conducted under and in accordance with the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English.
The failure of Rockstays to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rockstays. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The following conditions need to be understood and agreed to by all Members. In case You do not agree to any specific clause of a set of clauses then You have no right to use an enjoy the services provided by Rockstays Portal.
- The Portal is mean to be a marketplace that connects Travellers and Hosts where Rockstays does not enter into any commercial agreements with either the Traveller or the Hosts
- Rockstays may not verify Member Content posted on the Portal and Members agree to use their discretion while consuming and using such Member Content
- Rockstays is not obligated to do background checks on its Members and may not verify the information provided by Members on the Portal. Any background checks carried out will be in the sole discretion of Rockstays
- Members understand the nature of risk associated with using the Portal and agree to use the Portal at their own risk
- Members understand that no warranty in any form is implied either explicitly or implicitly to them while using the Portal with regards to the availability of the Portal, Member Content posted on the Portal, accuracy of information available on the Portal, experience of Travellers and Hosts during a Travellers stay or any other Member experience arising out of their use of the Portal except treatment of approved amounts paid to Rockstays Banking while making a booking
- Members are solely responsible for their own acts while interacting with and meeting other Members either online or in person
- Rockstays shall not be responsible for the acts of any Hosts, Travellers or any third party