GENERAL TERMSOF USE & SERVICE
The website www.SetStay.com (the "Site") is published and maintained by Frisp Technologies Pvt Ltd("Company"), a company incorporated and existing in accordance with the laws of India. When you access, browse or use this Site, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access any of the sub-Sites (whether belonging to an 'associate' of the Company or otherwise) through this Site, then such sub-Sites may have its own terms and conditions, which are specific to such sub-Sites.
These Terms and Conditions of use and any additional terms posted on this Site together constitute the entire agreement between the company and you with respect to your use of this Site.
SITE AND IT'S CONTENTS
· This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose
· SetStay.com currently accepts cards issued inside India for hotel and flight bookings only for check-in date minimum of 72 hours from the time of transaction.
· As long as you comply with the terms of these Terms and Conditions of Use, the Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.
· Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions or provide certain details. Answers to such questions or details required may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
LINKS TO THIRD-PARTY WEBSITES
· This Site may contain links to websites operated by parties other than the Company. The Company does not control such Sites and is not responsible for their contents. The Company's inclusion of hyperlinks to such Sites does not imply any endorsement of the material on such Sites or any association with their operators. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk.
OWNERSHIP
· All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content for any purpose, except as specified herein.
· You agree to follow all instructions so provided on this Site limiting the way you may use the Content.
· There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by the Company or any other third party. By displaying them on this Site, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
· You may download such copy/copies of the Content to be used only by you for your personal use.
SETSTAY RIGHTS
· If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by the Company, as non-confidential.
· You hereby give up any and all claims that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Company uses such material.
· Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company anywhere in the world, in any medium, forever.
Note: SetStay reserve the right to cancel the reservation at anytime as per company discretion/Non availability of the hotel/ or any other reason. In this situation customer is eligible for a full refund without any deduction (the promo code amount will not be refunded but the promo code may be reissued). SetStay will not be liable for any loss due to the Non availability of the hotel/ or any other reason.
TRANSMITTED MATERIAL
· Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card/debit card/bank information) is encrypted (send in code). Sending a message to the Company does not cause the Company to have any special responsibility to you.
· The copyright in the contents of this Site belongs to the Company. Accordingly, the Company reserves all rights. Copying of part or all the content of this Site without permission of the Company is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the services.
DISCLAIMER
· The material in this Site could include technical inaccuracies or typographical errors. The Company may make changes/modifications or improvements on the Site at any time.
· The materials on this Site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties of merchantability and fitness for a particular purpose.
· The Company disclaims all liability to you or to any other person for any loss, damage, cost or expense of any kind whatsoever and howsoever incurred due to a fare hike on bookings made through this Site.
· The Company does not warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction. The Company does not warrant or make any representations regarding the use of or the result of the use of the material on the Site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
· You acknowledge that this Site is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Site on this basis maybe prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. The Company does not accept any responsibility and will not be liable for any loss or damage what so ever arising out of or in connection with any ability/inability to access or to use the Site.
· You also acknowledge that through this Site, the Company merely provides intermediary services in order to facilitate booking of tickets and hotel services to you. Company is not the last-mile service provider to you and therefore, Company shall not be or deemed to be responsible for any lack or deficiency of services provided by any person(airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
· Company will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
· If for any reason, the law does not permit exclusions of liability then, the liability of the Company shall be limited to such amount paid by the user and retained by the Company for the transaction in question.
GENERAL PROVISIONS
· The Company may add to, modify or remove any part of these Terms and Conditions of Use at any time as it may deem fit, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
· The Company may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
· The Company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the Company's systems as well as its clients and users interests are and remain, well-protected. Towards this end, the Company may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
· If the Company, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then the Company may cancel the said orders at any time up to 06 hours before the scheduled time of departure of the relevant flight or 24 hours before the expected date of visit to any property booked through the Company.
· You may travel to certain destinations which involve greater risks than others, entirely at your own risk as to cost and consequences
· Company requests you to consult your local authorities and evaluate travel prohibitions, warnings, announcements, and advisories issued by them before booking travel to certain international destinations.
· By offering bookings for sale travel to particular destinations, the Company does not represent or warrant that travel to such a point is advisable or without risk. The Company does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
· The Company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. The Company shall have no obligation to take the needs of any User into consideration in connection therewith.
· The Company reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
· No waiver by the Company of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
PROMOTION CODES
· SetStay reserves the right to remove/modify any promotion code (hereinafter "Promo Code") without prior notification.
· In the event of cancellation of bookings done using the Promo Code, the promo code discount amount shall be also deducted from the amount refunded to the Customer along with the standard cancellation charges.
o For example If the total invoice is of INR 1000 and the discount offered is of INR100, in the event of cancellation of the booking the total amount refunded will be INR 1000(Total invoice amount) - INR 100 (Promo Code discount offered) - INR100 (Cancellation Charges) = INR 800 will be refunded.
· The terms and conditions for using the Promo Code are defined and SetStay reserves the right to update the same from time to time.
· The usage limits of a Promo Code by the Customer for bookings within a specific time period shall be governed by SetStay.
DISPUTES
· If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. Both parties shall agree to a sole arbitrator. The place of arbitration shall be Delhi. The arbitration proceedings shall be in the English language.
· The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act,1996 and modifications thereof as in force at the relevant time.
· These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi, India.
HOTEL TERMS
APART FROM THE GENERAL TERMS AND CONDITIONS, THE BELOW MENTIONEDARE THE SPECIFIC HOTEL TERMS.
· The primary guest must be at least 18 years old to be able to check into the hotel.
· Check-in time is 12 pm and check-out time is12 pm. Early check-in or late check-out is subject to availability and the hotel might charge you extra for it. Please note that the check-in time is subject to change as per hotel policy.
· Your stay does not include additional personal expenses like telephone charges, meals that aren't part of your meal plan, any hotel services you use (like laundry and room service) or tips. The hotel will charge you directly for these when you're checking out.
· It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Drivers License, Voters Card, and Passport. Without valid ID the guest will not be allowed to check in. Note- PAN Cards will not be accepted as a valid ID card.
· The hotel reserves the right of admission. Accommodation can be denied to guests posing as a 'couple' if suitable proof of identification is not presented at check-in. Company will not be responsible for any check-in denied by the hotel due to the aforesaid reason.
· Hotels may charge a mandatory meal surcharge on festive periods e.g. Christmas, New Year's Eve etc. All additional charges (including mandatory meal surcharges)need to be cleared directly at the hotel.
· Government has levied service tax on hotel room charges effective on stays from 1st May2011. This tax may be required to be settled directly at the hotel.
Cancellation Policy:
· On Every hotel available on SetStay.com, Hotels has indicated their cancellation terms and conditions, As mentioned setstay.com does not charge any cancellation fees as well ( In case of fully refundable and changeable hotels only). However, Credit card company or Bank may charge the transaction fees which will be non refundable in every booking ( Usually of 4%). This fees will be borne by the customer and will not be refunded.
· Hotels being booked may have their own cancellation policy and may charge user accordingly.
· Cancellations and changes can only be done by our call-centre .
· Only those cancellation requests which are made either on Email and on the phone to our customer support team shall be entertained. The Company shall not be liable to entertain any cancellation requests made directly to the hotel without intimating the Company and also through any other medium including, but not limited to.
· If you don't show up at the hotel, you'll still be charged the entire amount.
Modifications & Refunds:
· Do not call the hotel directly for reservation changes or cancellations. The hotel's agents can't make changes to or process refunds for these specially-negotiated rates.
· We take at least 7 to 15 working days to process refunds for bookings cancelled.
· Your bank may debit its own separate charges from refunds made to your credit card or bank account. The payment gateway charges will be borne by the customer at the time of refund (i.e. up to 4% of the total booking value). Rest of the amount will be refunded back to the customer.
· Company will not be liable for any charges occurring due to any type of delay or non receiving of the email or call at our end for the cancellation or changes outside the change/cancellation window.
For any escalations :
Frisp Technologies Private Limited
K-49, Fateh Nagar, New Delhi – 110018
Ph. No. - +91-8010778181
Email : Support@setstay.com