Section 2 – Applicability of the agreement

This agreement (“user agreement / guest agreement”) incorporates the terms and conditions for Namaste Café and its affiliate Companies (“NC“) to provide services to the person(s) (“the User / Guest”) intending to purchase or inquiring for any services of NC, its branches and affiliates, by using NC‘s websites or using any other customer interface channels of NC which includes its sales persons, offices, call centres, advertisements, information campaigns etc.

Both User/Guest and NC are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.

Section 3 – User/Guest's responsibility of cognizance of this agreement

The User(s)/Guest(s) availing services from NC shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by NC for all purposes, and shall be binding on the User. All rights and liabilities of the User(s)/Guest(s) and/or NC with respect to any services to be provided by NC shall be restricted to the scope of this agreement.

NC reserves the right, in its sole discretion, to terminate the access to any or all NC websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by NC like transport services, holiday packages etc. Such TOS will be provided/ updated by NC which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User(s)/Guest(s) shall be required to read and accept the relevant TOS for the service/ product availed by the User(s)/Guest(s).

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User(s)/Guest(s) shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User(s)/Guest(s) elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.

NC’s Services are offered to the User(s)/Guest(s) conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User(s)/Guest(s) constitutes acknowledgement and acceptance by the User(s)/Guest(s) of this Agreement and the TOS. If the User(s)/Guest(s) do not agree with any part of such terms, conditions and notices, the User(s)/Guest(s) must not avail NC’s Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other NC document, then these terms shall control.

Section 4 – Third Party Account Information

By using the Account Access service in NC’s websites, the User(s)/Guest(s) authorizes NC 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

While registering, the User(s)/Guest(s) will choose a password and is/are responsible for maintaining the confidentiality of the password and the account.

The User(s)/Guest(s) is/are fully responsible for all activities that occur while using their password or account. The User/Guest shall not give his/her user ID & password to anyone nor use anyone else’s user ID & password at any time. It is the duty of the User(s)/Guest(s) to notify NC immediately in writing of any unauthorized use of their password or account or any other breach of security. NC will not be liable for any loss that may be incurred by the User(s)/Guest(s) as a result of unauthorized use of his password or account, either with or without his knowledge.

Section 5 – Fee Payment

"Fee" is defined as the amount that is paid by the User(s)/Guest(s) for the use of the facilities and/or services offered by NC, its branches and affiliates. The User(s)/Guest(s) shall be completely responsible for all charges, duties, taxes, and assessments arising out of the use of the facilities and/or services.

In case, there is a short charging by NC for listing, services or transaction fee or any other fees or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government will be applicable from the date of change, irrespective of the date of booking. Such a difference shall have to be borne by the customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. NC 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.

Any applicable refunds against cancellations would accordingly be processed as per the defined policies of individual hotels, transport providers and NC as the case may be.

NC reserves the right to charge convenience/transaction fees based on transactions using the services. NC further reserves the right to alter any and all fees from time to time, without notice.

Section 6 – Confidentiality

Any personal information shall be governed by the privacy policy and shall not be disclosed any third party unless as required by law or to serve the purpose of this agreement, the cancellation policy, privacy policy, and the obligations of both the parties therein.

Section 7 - Usage of The Mobile Number of The User(s)/Guest(s) By NC

NC 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(s)/Guest(s) at the time of booking, and checkin; NC may also contact the User(s)/Guest(s) by voice call, SMS or email in case the User(s)/Guest(s) couldn’t or hasn’t concluded the booking, for any reason whatsoever, or to communicate an issue with the booking, to know the preference of the User(s)/Guest(s) for concluding the booking and also to help the User(s)/Guest(s) for the same. The User(s)/Guest(s) hereby unconditionally consents that such communications via SMS and/ or voice call by NC is (a) upon the request and authorization of the User(s)/Guest(s), (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(s)/Guest(s) will indemnify NC against all types of losses and damages incurred by NC 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(s)/Guest(s) on NC with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User(s)/Guest(s) for any reason whatsoever.

Section 8 - Onus of The User(s)/Guest(s)

NC is responsible only for the transactions that are done by the User(s)/Guest(s) through NC. NC will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is authentic, legal and valid as per the service offerings of NC, and/or laws of the land of the User(s)/Guest(s) or the land of NC.

The User(s)/Guest(s) 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(s)/Guest(s) further warrants that they will comply with all applicable laws and regulations regarding the use of the services with respect to the jurisdiction concerned for each transaction, which for NC is Uttara Kannada Disctrict of Karnataka in India, and for each of the providers like the payment gateway or bank would be governed by their respective policies, and NC has no role to play where the control of the transaction is in external control.

The User(s)/Guest(s) represent and confirm that the User(s)/Guest(s) is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law. If in the event that the User/Guest is a minor which is against our usage policy for conducting transactions with us, then the guardian/parent automatically assumes all responsibility.

Section 9 - Advertisers on NC or linked websites

NC is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. NC does not endorse any advertiser on its web pages in any manner. The User(s)/Guest(s) are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

The linked sites are not under the control of NC and NC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NC is providing these links to the User(s)/Guest(s) only as a convenience and the inclusion of any link does not imply endorsement of the site by NC.

Section 10 - Insurance

Unless explicitly provided by NC in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User(s)/Guest(s) and NC doesn’t accept any claims arising out of any and/or all scenario(s) that warrant the use of insurance.

Insurance, if in the extremely unlikely event of any provided as a part of the service/ product by NC shall be as per the terms and conditions of the insuring company.

The User(s)/Guest(s) shall contact the insurance company directly for any claims or disputes and NC shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

Section 11 - Force Majeure Circumstances

The User(s)/Guest(s) agrees that there can be exceptional circumstances where the hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If NC is informed in advance of such situations where dishonour of bookings may happen, it will refund the booking amount after deducting reasonable service charges, which on 20th October 2021 stands at ₹708 per booking.

The User(s)/Guest(s) agree that in situations due to any technical or other failure in NC, services committed earlier may not be provided or may involve substantial modification. In such cases, NC shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund and other charges, which shall completely discharge any and all liabilities of NC against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User(s)/Guest(s).

NC shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the User(s)/Guest(s) affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of NC arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund, processing or others charges, as may be applicable, which on 20th October 2021 stands at ₹708 per booking. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by NC for its services.

In no event shall NC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the NC website(s) or any other channel. Neither shall NC be responsible for the delay or inability to use the NC websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the NC website(s), or otherwise arising out of the use of the NC website(s), whether based on contract, tort, negligence, strict liability or otherwise.

NC is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

Section 12 - Safety of Data Downloaded

While NC will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares, the User(s)/Guest(s) understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk, and they will be solely responsible for ensuring the safety of their computer systems / mobile / portable devices, with the use of appropriate software / hardware. Any damage or loss of data that results from the download of such material and/or data, is solely the responsibility of the User(s)/Guest(s), and NC is neither directly or indirectly responsible for any damage or loss, associated with the use of the website or other information channels.

Section 13 - Feedback from Customer and Solicitation

The User(s)/Guest(s) are aware that NC provides various travel related services like hotel bookings, holidays, events as well as transport, and would like to learn about them, to enhance his / her travel experience. The User(s)/Guest(s) hereby specifically authorize NC to contact the User(s)/Guest(s) with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to NC for specific exclusion at privacy@namastegokarna.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of NC on its website in accordance of which NC contacts, solicits the User(s)/Guest(s) or shares the User’s/Guest's' information.

Section 14 - Proprietary Rights

NC may provide the User(s)/Guest(s) with contents such as sound, photographs, graphics, video or other material contained in the website, software applications, brochures, sponsor advertisements or other information channels. This material in all probability may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User(s)/Guest(s) may use this material only as expressly authorized by NC and shall not copy, transmit or create derivative works of such material without express authorization.

The User(s)/Guest(s) acknowledge and agree that he/she/they shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User(s)/Guest(s) to personal liability or criminal prosecution.

Section 15 - Personal and Non-Commercial Use Limitation

Unless otherwise specified, the NC services are for the User’s/Guest's personal and non-commercial use. The User(s)/Guest(s) may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NC website(s), brochure(s), or any other information source, without the express written approval from NC.

Section 16 - Indemnification

The User(s)/Guest(s) agree to indemnify, defend and hold harmless NC and/or its affiliates, their websites and their respective lawful successors and assigns from, and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by NC and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User(s)/Guest(s) pursuant to this agreement.

The User(s)/Guest(s) shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and NC cannot be held responsible for the same.

Section 17 - Right to Refuse

NC at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by NC is not complete until full money towards the service is received from the customer and accepted by NC.

Without prejudice to the other remedies available to NC under this agreement, the TOS or under applicable law, NC may limit the User’s/Guest's' online, as well as on premises activity, warn other User(s)/Guest(s) of the User’s/Guest's' actions, immediately temporarily/indefinitely suspend or terminate the User’s/Guest's' registration, and/or refuse to provide the User(s)/Guest(s) with access to the website if:

• The User(s)/Guest(s) are in breach of this agreement, the TOS and/or the documents it incorporates by reference;
• NC is unable to verify or authenticate any information provided by the User(s)/Guest(s); or
• NC believes that the User’s/Guest's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User(s)/Guest(s), other User(s)/Guest(s) of the website and/or any of the properties of NC.

NC may at any time in its sole discretion reinstate suspended User(s)/Guest(s). Once the User/Guest has been indefinitely suspended the User/Guest shall not register or attempt to register with NC or use the website in any manner whatsoever until such time that the User/Guest is reinstated by NC.

Notwithstanding the foregoing, if any User/Guest breaches this agreement, the TOS or the documents it incorporates by reference, NC reserves the right to recover any amounts due and owing by the User/Guest to NC and/or the service provider and to take strict legal action as NC deems necessary.

Section 18 - Right to Cancellation by NC in Case of Invalid Information from User(s)/Guest(s)

The User(s)/Guest(s) expressly undertake to provide to NC only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on the part of the User(s)/Guest(s) would vitiate this agreement and shall disentitle the User/Guest from availing the services from NC.

In case NC discovers or has reason to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User(s)/Guest(s) or any of them is not correct or that any fact has been misrepresented by him, NC in its sole discretion shall have the unrestricted right to take any steps against the User(s)/Guest(s), including cancellation of the bookings, etc. without any prior intimation to the User(s)/Guest(s). In such an event, NC shall not be responsible or liable for any loss or damage that may be caused to the User(s)/Guest(s) or any of them as a consequence of such cancellation of booking or services.

The User(s)/Guest(s) unequivocally indemnifies NC of any such claim or liability and shall not hold NC responsible for any loss or damage arising out of measures taken by NC for safeguarding its own interest and that of its genuine customers. This would also include NC denying/cancelling any bookings on account of suspected fraud transactions.

Section 19 - Interpretation Number and Gender

The terms and conditions herein shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refers to this agreement as a whole.

Section 20 - Severability

If any provision of this agreement is determined by the court of law, 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 Agreement shall continue to be in full force and effect.

Section 21 - Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User(s)/Guest(s) contained herein or any other section or pages of NC Websites or its partner websites or any provision hereof in any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NC website, then these terms shall control.

Section 22 - Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User(s)/Guest(s) contained herein or any other section or pages of NC Websites or its partner websites, shall be deemed to constitute a partnership between the User(s)/Guest(s) and NC and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. This agreement is limited to the use of the NC services by the User(s)/Guest(s), by way of its website, email, phone, word of mouth, or any other, for the purposes of facilitating the travel plans of the User(s)/Guest(s).

Section 23 - Updating of The Information By NC

User(s)/Guest(s) acknowledges that NC provides services with reasonable diligence and care. It endeavours its best to ensure that User(s)/Guest(s) does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the NC websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as NC notices them. Changes are/may be periodically made/added to the information provided such. NC may make improvements and/or changes in the NC websites, software applications, brochures or any other mode of communication, at any time without any notice to the User(s)/Guest(s). Any advice received except through an authorized representative of NC via the NC websites should not be relied upon for any decisions.

Section 24 - Responsibilities of User(s)/Guest(s) Vis-a-Vis The Agreement

The User(s)/Guest(s) expressly agrees that use of the services is at their sole risk. To the extent NC acts only as a booking agent on behalf of the group hotels and third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall NC be liable for the services provided by the service provider. The services are provided on an “as is” and “as available” basis. NC may change the features or functionality of the services at any time, in their sole discretion, without notice. NC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User(s)/Guest(s) obtains from NC or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User(s)/Guest(s) does not agree with any of the terms above, they are advised not to read the material on any of the NC pages or otherwise use any of the contents, pages, information or any other material provided by NC. The sole and exclusive remedy of the User(s)/Guest(s) in case of disagreement, in whole or in part, of the User/Guest agreement, is to discontinue using the services after notifying NC in writing.

Section 25 - Modification of These Terms of Use and Jurisdiction

NC reserves the right to change the terms, conditions, and notices under which the NC websites are offered, including but not limited to the charges. The User(s)/Guest(s) is responsible for regularly reviewing these terms and conditions.

NC hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. NC considers itself and intends to be subject to the jurisdiction of the courts of Uttara Kannada, Karnataka.

Section 26 - Prohibited Uses

Guest are requested to observe, abide by, confirm to and be bound by all applicable acts and laws and Government rules and regulations in force from time to time .

All substances and activities banned by law, including but not limited to drug abuse, marijuana, prostitution, etc., are unconditionally not allowed in the property and in the event that the User(s)/Guest(s) engages in any such activity, any and all responsibility lies with the User(s)/Guest(s), and the management is in no way aware or connected to such behavior, and will cooperate to the fullest with the law enforecement agencies.

Section 27 - Damages & Loss of Hotel Property

Lost keys are chargeable at ₹500

The guest will be held responsible for any loss or damage to the hotel property caused by themselves, their guests or any person for whom they are responsible. Items inluding, but not limited to, bedsheets, towels, fixed hardware, cupboards, wardrobes, kettle, mugs, etc. shall be under the responsibility of the guest during their stay in the room, and any damage will have to be suitably reimbursed by the User(s)/Guest(s).

Section 28 - Occupancy

Number of User(s)/Guest(s) that can reside in a room is restricted by the room type and it is not negotiable.

Extra persons not accounted for while booking the accommodation cannot be accommodated.

Friends and family, other than the registered User(s)/Guest(s) shall be entertained only in the public area. Only the resident guests are allowed access to the rooms. Any other person associated with guest found within the property during the night except at the public areas can be charged additionally to the guest as an extra guest, unless he/she is present in the room with a written permission from the reception.

Section 29 - Responsibility to the other guests

It is agreed that the guest will conduct him/ herself in a respectable manner and will not cause any nuisance or annoyance within the hotel premises. The Management has the right to request any User(s)/Guest(s) to vacate his/her/their room or other areas of the hotel forthwith, Without previous notice and without assigning any reason whatsoever, and the User(s)/Guest(s) shall be bound to vacate when requested to do so. In case of the default the Management has the right to remove the Guest luggage and belongings from the room occupied by him / her.

Section 30 - Hazardous, Objectionable, Unlawful Goods

Bringing goods and / or storing of any article of a combustible or hazardous nature and / or prohibited goods and / or goods of objectionable nature is prohibited. the Guest shall be solely liable and responsible to the management , its other guests , invitees visitors, agents and servants for all loss financial or otherwise and damage that may be caused by such articles or as a result of the guests’s own negligence and non-observance of any instructions,.

Section 31 - Guest Belongings and Responsibility

The guests are fully responsible for the safety of their valuables, including, but not limited to electronics, jewellery, cash etc.

Guests are particularly requested to lock the door of their rooms when going out / going to bed. The Management will not in any way whatsoever be responsible for any loss / or damage to the Guest’s belongings or any other property from either the hotel room or any other part of the hotel for any cause whatsoever including, but not limited to alleged theft or pilferage.

Section 32 - Mosquitoes, Insects, Lizards etc.

All our rooms and cottages are susceptible to ants, mosquitoes, lizards, insects, etc., as there would be in a place that is located in amongst forested locations. We do conduct organic and non-chemical pest control, but the recurrance is incredibly rapid, and within a day or two. We are not responsible for the presence of any, or all of the above.