WudStay Travel Private Limited (hereinafter referred to as "WudStay") is engaged in the business of providing PG accommodation and operates this online platform (known as www.wudstay.com) ("eCommerce Platform") for the purpose of providing access to the available accommodation and booking of the same by the users who make the booking of Accommodation or avails the Services ("Guests") through online reservation system ("System/ Website" or as an application for mobile devices "Application") through which participating Accommodation Partner makes their accommodation/ rooms (collectively as "Accommodations" and individually as "Accommodation", available for reservation, and through which guests/ customers can make reservations at such Accommodations (collectively as "Services").
Your use of the Website and/or Application is an acknowledgement that you have reviewed the Terms & Conditions and understand and accepts them and agree to comply with and be legally bound thereby. These Terms & Conditions govern your access to and use of the Website and/or Application including the Services and constitute a binding legal agreement between you and WudStay. If you do not agree to these Terms & Conditions, you must refrain from using the Website and/or Application and Services. Your acceptance or agreement of these Terms & Conditions on behalf of your company and/or any other legal entity would be considered a legally binding agreement between the company/ legal entity and WudStay.
THE WEBSITE AND/OR APPLICATION IS AN ECOMMERCE PLATFORM, WHICH PROVIDES A MARKETPLACE WHEREIN THE AVAILABLE ACCOMMODATIONS HAVE BEEN LISTED. THE GUESTS CAN REVIEW THE AVAILABLE ACCOMMODATION AND BOOK THEM FOR THEIR STAY. WUDSTAY IS NEITHER AN OWNER OF THE ACCOMMODATION NOR AN AGENT. WUDSTAY HAS NO CONTROL OVER THE CONDUCT OF ACCOMMODATION PARTNER AND THE GUESTS AND DISCLAIMS ANY OR ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH THE USE OF THE ACCOMMODATION BY GUEST.
The use of Website and/or Application is available only to individuals and entities that can form legally binding contracts under applicable law. By accessing or using the Website and/or Application you represent and warrant that you legally eligible. The Website and/or Application are provided by us, is for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. Commercial use of this Website and/or Application is strictly prohibited unless you obtain prior written consent from WudStay. You may only use this Website and/or Application to make legitimate reservations.
The information contained in or through the Website and/or Application is based upon sources believed to be accurate and reliable and we have exercised reasonable care to assure the accuracy or completeness of the information. However, we make no representation or warranty as to such accuracy or completeness. We do not guarantee that the Website and/or Application will operate continuously or without interruption or be error free.
WudStay reserves the right, at its sole discretion, to amend/ modify the Website and/or Application (including but not limited to the Services and content present therein) or to amend these Terms & Conditions, at any time and without prior notice. WudStay also reserve the right to suspend or discontinue any aspects of the Website and/or Application or Service at any time without prior information and without being liable for any direct or indirect loss as a result of such action. Your continuance in using the Website and/or Application would be considered as an acknowledgement for acceptance of the modified Website and/or Application or Services including these Terms & Conditions.
The Accommodation Partner shall be responsible for honoring the bookings and making available the Accommodation reserved by the Guest through the Website and/or Application. Upon completion of the booking by the Guest on the Website and/or Application, you agree and understand that you would be subject to customary terms of the Accommodation Partner and you agree to accept any such terms, conditions, rules and restrictions associated with such Accommodation imposed by the Accommodation Partner. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, and WudStay is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Accommodation Listing will specify the price at which the Accommodation can be booked and facilities that would be made available. WudStay as well as the Accommodation Partner has the right to confirm or reject the booking. . If a requested booking is cancelled by WudStay or by the Accommodation Partner, any amounts collected by WudStay will be refunded to such Guest.
Any cancellation by the Guests shall be subject to Cancellation and Refund Policy. Once WudStay receives confirmation of your booking from the applicable Accommodation Partner, WudStay will collect the prices in accordance with these Terms & Conditions and the pricing terms set forth in the applicable Listing. Any fees charged to the Guest by the bank shall be sole liability of the Guest.
Guest will be required to provide the details such as city of stay, location, date of arrival, number of nights, number of guests, room type, guest name, email id and mobile number for making the booking. Guest will be asked to provide customary billing information such as name, billing address and credit or debit card information either to WudStay or its third party payment gateway for processing. You hereby authorize the collection of such amounts by charging the credit or debit card provided as part of requesting the booking, either directly by WudStay or indirectly, via a third party online payment gateway or by one of the payment methods described on the Website or Application. If you are directed to WudStay's third party payment gateway, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. You are requested to review such terms and conditions before using the Website and/or Application. Upon confirmation of the booking transaction, you will receive an email summarizing your confirmed booking through generation of a voucher, which will be sent to you through electronic mode. Any bookings made by the Guests shall be made at the sole and absolute risk of the Guests and WudStay disclaims any liability in this regard.
WudStay confirms that any personal or sensitive financial information (the "Confidential Information") relating to the Guests shall be kept confidential at all time and shall not be disclosed without prior permission of such Guests. Confidential Information shall remain the exclusive property of the Guests and WudStay shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents to maintain, the confidentiality and secrecy of such Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the WudStay; (ii) is required to be disclosed pursuant to law, court order, subpoena or governmental authority; (iii) information is independently acquired by the WudStay; (iv) disclosure with the prior written consent of the Guest.
All cancellations and refunds shall be subject to Cancellation and Refunds Policy provided separately on the Website and/or Application.
The prices mentioned on the Website and/or Application would include the applicable taxes.
The Guest shall be responsible for all acts and omissions on their part and shall be subject to the terms and conditions of the Accommodation Partner. In case of any Damage to Accommodation, due to acts and omissions on the part of Guest or on the part of any individual invited b the Guest, the Guest would need to make good for the loss or damage suffered to the Accommodation. In case of any claim by the Accommodation Partner in relation to the Damage to Accommodation subject to providing evidence of damage, you agree to pay the cost of replacing the damaged items with equivalent items. You also authorize Accommodation Partner to charge you in the event of damage caused at an Accommodation as contemplated under "Damage to Accommodations" below and for Security Deposits, if applicable.
WudStay does not review or monitor third party websites which provide link to the Website and/or Application and is not responsible for the content of any such websites. WudStay neither endorses nor is responsible for the contents of such websites that provide links to the Website and/or Application. We reserve the right to disable any and all links from third party websites to Website and/or Application at any time. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. We do not make or give any representation or warranty (express or implied) of any kind to assure that the data or information provided by you on Website and/or Application may be captured using cookies or any other electronic program.
The Website and/or Application may contain links to third-party websites or resources. You acknowledge and agree that WudStay is not responsible or liable for correctness or accuracy of information available on such websites. Any links to such websites or resources would only be for information purpose only. WudStay shall not be responsible for any risk arising from your use of any such websites or resources or the content, products or services available on such websites or resources. The user of Website and/or Application is requested to verify the accuracy of all information on their own before undertaking any reliance on such information of such websites or resources.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, WudStay owns all Intellectual Property Rights to and into the Website and/or Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website and/or Application belonging to WudStay without obtaining authorization from WudStay.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website and/or Application or the contents or information contained therein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Application or any transaction being conducted through the Website and/or Application. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website and/or Application. The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Neither WudStay nor any of our subsidiaries, affiliates, agents, representatives or licensors shall be responsible for any direct, indirect, special, incidental or consequential loss or damage, punitive or similar damages including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information however arising and whether in contract, tort or otherwise, which you or anyone else may suffer in connection with or arising out of, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of your access or use or your inability to access or use of the Website and/or Application; or your use of or reliance on Information or any other material accessed through the Website and/or Application including any linked website; These Terms & Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Terms & Conditions are hereby excluded. Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of WudStay under, any such warranty, term or condition, then the liability of WudStay shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition, if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
We are not responsible for, and shall have no liability for: (i) telephone, mobile, electronic, network, internet, computer, hardware or software program malfunctions, delays, or failures; (ii) for any injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the site or any sites, services, or materials linked or relating thereto; (iii) any incorrect information, whether caused by other users or by any of the equipment, software, or programming associated with or utilized in the Website and/or Application or as the result of technical or human error which may occur in the processing of information regarding the Website and/or Application.
You agree to indemnify, defend and hold harmless WudStay and its officers, directors, shareholders, employees, independent contractors, agents, successors, affiliates and assigns (hereinafter collectively referred to as the "Indemnified Parties") from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WudStay arising out of or resulting from or in any way connected with (a) your access to or use of the Website and/or Application in violation of these Terms & Conditions; (b) booking or use of 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 booking or use of a Accommodation; (c) act or omission on your part resulting in breach of the Terms & Conditions; (d) your violation of any law or the rights of a third party. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and WudStay cannot be held responsible for the same.
In case you feel or suspect that there has been a case of misconduct against you or any person at the Accommodation has acted inappropriately, including but not limited to, any kind of offensive, violent or sexually inappropriate behavior ("Misconduct"), Wudsaty requests you to immediately report such matter to the nearest Police Station and register a complaint including providing details of such Misconduct at [firstname.lastname@example.org].
The failure of WudStay to enforce any right or provision of these Terms & Conditions 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 it is in writing and signed by a duly authorized representative of WudStay.
These rights and obligations in terms & Conditions cannot be assigned or transferred without WudStay's prior written consent of WudStay. Any attempt by you to assign or transfer these Terms & Conditions, without such consent would be null and void. WudStay, at its sole discretion, reserves it right to assign or transfer its rights and obligations under these Terms & Conditions without restriction.
Any notices or other communications permitted or required hereunder (to the address of WudStay as mentioned in Contact Us, will be in writing and sent (i) via email, and/or (ii) speed post. For notices made by e-mail and speed post, the date of receipt will be deemed the date of delivery shall be considered as the date of receipt by WudStay.
The Services described in and available through the Website and/or Application may not be available in your country. We make no representation that the Services offered in the Website and/or Application are appropriate or available for use in any particular location. Those who choose to access the Website and/or Application do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Website and/or Application and/or viewing or use of any material or content therein or Services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Website and/or Application and must exit immediately; Any disputes arising out of or related to the Website and/or Application shall be governed by and constructed and enforced in accordance with, the laws of India and you shall submit to the exclusive jurisdiction of the courts of New Delhi (INDIA). WudStay retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The Parties shall endeavour to agree and resolve any issues / matter with differing views through mutual discussions. If the Parties fail to arrive at a settlement within thirty (30) days of such issue being raised by a Party ("Conciliation Period"), all such disputes, controversies or claims arising out of or in connection with this Agreement or resulting therefrom, or the breach, termination or invalidity thereof shall be exclusively and finally settled by Arbitration. Both the Parties shall appoint an arbitrator by mutual consent. If the Parties fail to appoint the arbitrator or fail to act upon the request for appointment of an arbitrator within thirty (30) days from the date of completion of Conciliation Period, then either Party may have approach the court for appointment of the arbitrator in accordance with the provisions of the (Indian) Arbitration & Conciliation Act, 1996. The place of arbitration shall be Delhi and for any reference to courts, the Parties agree to submit to the exclusive jurisdiction of courts in Delhi. The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be conducted in English and the venue and seat of Arbitration shall be Delhi. The arbitrator shall record the evidence of the Parties and give a reasoned arbitral award. The decision of the arbitrator shall be final and binding on the Parties.
We feel that in our endeavor to constantly improve our Services, your feedback, comments and suggestions would be essential. We request you to please submit Feedback in the Feedback section or by emailing us at [support@wudStay.com] or through the Contact Us section of the Website and/or Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of WudStay and you hereby irrevocably assign to WudStay and agree to irrevocably assign to WudStay all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At WudStay's request and expense, you will execute documents and take such further acts as WudStay may reasonably request to assist WudStay to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.