Terms and Condition

Acceptance of Terms

The https://www.bookmyyoga.in website ("Website") is an internet based Yoga Services & Products portal owned by "BOOK MY YOGA". Through the Website, BMY shall provide you ("User") yoga-related information, pricing, availability and reservations for ticket for travel trip across India ("Service").
By accessing this website we assume you accept these terms and conditions & other Website policies in full.

Modification of terms

BMY reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not liBMYed to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.

Privacy policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of BMY in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him. Any customer grievances can be reported to the Grievance Officer specifically dedicated to address all customer concerns. You may contact the Grievance Officer at contact@www.bookmyyoga.in

Limted user

Unless otherwise stated, TRIOPOD TECHNOLOGY PRIVATE LIMITED and/or it’s licensors own the intellectual property rights for all material onwww.bookmyyoga.in. All intellectual property rights are reserved. You may view and/or print pages from https://www.bookmyyoga.in/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:
. Republish material from https://www.bookmyyoga.in/
. Sell, rent or sub-license material from https://www.bookmyyoga.in/
. Reproduce, duplicate or copy material from https://www.bookmyyoga.in/
. Redistribute content from BOOK MY YOGA (unless content is specifically made for redistribution).

Disclaimer of warranties/Limitation of liability

BMY has endeavored to ensure that all the information on the website is correct, but BMY neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. BMY makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
Since BMY acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall BMY be liable for the services provided by the service provider. Although BMY makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, BMY is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by
In no event shall BMY be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without liBMYation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall BMY be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. further, BMY shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond BMY's control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These liBMYations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and liBMYations are not prohibited by applicable law.the maximum liability on part of BMY arising under any circumstances, in respect of any services offered on the site, shall be liBMYed to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.

Cancellation Policy
Cancellation Info
When purchasing a retreat through our site, one of these respective cancellation policies will apply to your purchase.
Before purchasing a retreat, it is your responsibility to thoroughly read and understand each cancellation policy, and to clearly know which policy has been chosen by each respective retreat.
We know that sometimes things comes up, and unexpected events happen that can keep you from going on a trip you’ve planned. If you’re totally sure you aren’t able to make it to the retreat, the best thing you can do is cancel. Then, it’s always nice to reach out to the retreat owner as a courtesy. We’ll inform them either way, so it’s up to you if you want to make the personal connection.

CANCELLATION BY PARTICIPANT

Note: If you would like to switch from
1)one retreat date to another retreat date or
2) change one retreat centre to another retreat centre ,
IN THE FIRST CASE the dates can be altered with prior notice of 7 days if the cancellation comes after 7 days the below clause shall apply in this case price may vary from one date to another date and booking also depends on availability of the date
IN SECOND CASE it is considered a cancellation of the original retreat and will follow the cancellation rules below. For retreat bookings that have already been rescheduled and the person who is rescheduling retreat more than once , no refunds will be provided, and only clauses 3 and 4 below will apply. You may reschedule a retreat a maximum of 2 times. The 'original booking date' is the date that the original retreat was initially booked.
1) For cancellations made less than 60 days prior to the retreat start date, and more than or equal to 14 days after the original retreat booking date, all payments made will be refunded.
2) For cancellations made less than 60 days prior to the retreat start date, and greater than 14 days after the original retreat booking date, any payments made will be refunded minus the non-refundable deposit (or minus a cancellation fee, as outlined below, if the full amount was paid) and minus any credit card handling fees.
3) For cancellations made 60 days or less and more than 10 days prior to the retreat start date, any payments made, minus the non-refundable deposit (or minus a cancellation fee, as outlined below, if the full amount was paid) and minus any credit card handling fees, may be used towards a future Body Flows yoga retreat, subject to availability, within 12 months of the start date of the retreat.
4) For cancellations made 10 days or less prior to the retreat start date, all payments made will be forfeited.
5) NO refund will be given if the booking party leave or cancel the retreat in between
6) refund will be intiated only in the bank account
CANCELLATION FEES
The cancellation fee is the amount equal to the non-refundable deposit for that retreat.
DELAYS AND OTHER UNFORSEEN CIRCUMSTANCES
There will be no refunds nor discounts for arriving late, leaving early, flight cancellations, travel delays or illness. For additional protection due to any unforseen circumstances, it is highly recommend that all participants purchase there ticket as well as make their travel arrangement in advance and a travel insurance at the time of booking the retreat.
CANCELLATION BY BOOK MY YOGA
In the rare event of a cancellation by RETREAT CENTER due to low registrations, the participant will be given the option to transfer all payments to a future retreat or to receive a full refund. Retreat centre cannot compensate participants for airfare, hotel and travel costs incurred.
In the rare event of a cancellation by retreat centre due to dangerous weather, political unrest, acts of god and other force majeure events, any refund provided will depend on retreat centre receiving a refund from the venue. Retreat center cannot compensate participants for airfare, hotel ,travel or any other cost incurred by the the booking party retreat centre is liable only for the amount which it has been paid.
To cover these risks, it is strongly recommended that all participants purchases travel insurance.
If any payment is not received by participant prior to or on the due date for that payment, book my yoga has the right to cancel the participant's registration for that retreat. In this case, no refund will be provided.
BOOK MY YOGA reserves the right to refuse or cancel any participant's registration for any reason. In this case, a full refund will be provided.

TRAVEL INSURANCE

Travel insurance can protect participants against participant cancellation, lost or delayed baggage, medical expenses and the cost of repatriation should the participant become ill or injured. It is strongly recommended that all participants purchase travel insurance, including a 'cancel for any reason' option in order to protect them against the rare chance of cancellation.

.

RETREAT CHANGES

BOOK MY YOGA reserves the right to make any changes deemed necessary by its team, leaders, teachers or business partners.

Cancellation Disputes

In the case of a dispute, it must be reported to us within 24 hours. If necessary, BOOK MY YOGA may help mediate the situation at our discretion. BOOK MY YOGA HAVE final say in all disputes over cancellations.
But of course our first request is for both parties to solve the issue themselves first. This is done by approaching any that comes up with understanding, flexibility, compassion, and forgiveness.
From that place, a solution can always be found.

To cancel your retreat:
To cancel your retreat You can visit your profile there is cancel button available
Or you can contact us via mail

 Terms of Service
Please read these Terms & Conditions carefully as they contain important
information about your legal rights, remedies and obligations. By accessing or using the
BMY Platform, you agree to comply with and be bound by these Terms.
Table of Contents
1. TERMS OF SERVICE
By accepting to onboard your property on the BMY platform, the BMY Vendors’ agrees to
be bound by the Terms of Service mentioned herein, the commercial terms agreed during
the onboarding process along with the recommended BMY Policies [Insert hyperlink on
BMY Policies] and], including such other supplemental policies and terms linked to in these
Terms which are incorporated by reference, and which collectively form part of your
agreement with BMY (collectively referred to as “Terms” or “Agreement”). If you do not
agree with the Terms you may refrain from using the BMY Platform.
“BMY”, “we”, “us” or “our” refers to the BMY entity set out on Appendix 2 with whom
you are contracting. The Terms constitute a binding legal agreement between you and BMY
which will govern your access to and use of the BMY Platform.
This Agreement will equip the BMY Vendor’s with the capability and technology to enable
them compete better, achieve high occupancies and improve earnings, by listing their Property,
on BMY’s Platform to offer accommodation and various other services to BMY’s customers
in search of quality accommodation. The Property will be listed in its original hotel name with
a tag “powered by BMY”.
2. TERMS OF OPERATIONS
A. Use of BMY Platform
1. BMY makes the BMY Platform available only to BMY Vendor’s and other authorised
person who have created an Account on BMY Platform and provided the Account
Information. BOOK MY YOGA vendor will be responsible for accuracy and integrity of
the Account Information provided for the Account and to keep the Account Information
up to date. Any updates to the Account Information will only be applicable once the same
has been verified by BMY. Further, you are fully responsible for all activities that occur
under your Account. In this regard, you authorize BMY to make any inquiries (either
directly or through third party agencies) to verify your identity. In this process BMY may
ask its vendor FOR government identification (e.g., driver’s license, passport etc.) and
other information which BMY may think necessary to register vendor on the BMY
platform. BMY may ask its vendor for the proof of the property that the property is legally
under vendor’s possessions. If the vendors fails to provide any of the document which
BMY may think that is necessary to register vendor on the platform BMY reserve the right
to cancel the listing of the vendor on the platform.
2. Once the vendor is listed on BMY platform, the retreat centre and vendor are bound by the
terms and conditions hereof, the permission to (i) utilize the Technological Know-How
and (ii) be listed on BMY Platform, to market or promote bookings, to provide
accommodation services to BMY customers.
3. The Vendors’ acknowledges that it shall provide its services to the BMY customers as
per the operating has been mentione on BMY portal , from time to time, (whether BMY
customer is attracted through BMY Platform or otherwise).
4. may advise the Vendor’s in modifying the Premises to uplift revenue
generation opportunities for the Vendors’ and enhance consumer experience.
5. All operating costs, including the cost of employees, manpower, consumables,
utilities, rents, taxes, Approvals, safety & security measures, etc. shall be the sole
responsibility of the Vendors’.
6. In case the Vendors’ opts, BMY may provide the Vendors’, at the Vendor’s’ sole cost
and expense, with a software or any other device to manage all check-in and checkout from premises and record the payment receipt. Vendor’s shall be solely responsible
for safe and proper operation of such software . Vendor’s shall ensure that the device is
not used to make any fraudulent booking or any other illegal purpose that may
compromise the records or the accounts of the Vendors’ or BMY. The BMY Vendors’ will
not use, for any reason whatsoever, any alternate means (phone/ emails) to connect with
the customer who have came through BMY portal. Any act on the BMY Vendors’’s part
to circumvent the process shall be treated as a material breach of the
understanding between the parties and the BMY Vendors’ shall be liable to pay a sum
equivalent to twice the amount of liquidated damages set out under Clause 2 (C) below.
7. The BMY Vendors’ acknowledges that its performance may be ranked and measured
in accordance with the BMY Policies related to quality score, as may be communicated by
BMY from time to time, and the customer feedbacks and reviews. The BMY Vendors’
agrees that the ranking and
performance rating shall be as per the customer and there experience of your retreat
centre same shall not be subject to dispute by the BMY Vendors’. BMY shall have the
sole discretion to change the terms of the said policy from time to time.
9. Due to the nature of the Internet, BMY cannot guarantee the continuous and uninterrupted
availability and accessibility of the BMY Platform. BMY may restrict the availability of
the BMY Platform or certain areas or features thereof, if this is necessary in view of
capacity limits, the security or integrity of our servers, or to carry out maintenance
measures that ensure the proper or improved functioning of the BMY Platform. BMY may
improve, enhance and modify the BMY Platform and introduce new BMY Services from
time to time. In case of any such interruption, the BMY Vendors’ shall at all times honour
the reservations made by BMY customers on the BMY Platform, OTA and all
online/offline channels as the case may be.
B. product Listing
The BMY Vendors’ shall, at all times, comply with respective terms and conditions
associated with the use of the BMY Platform, BMY devices and Technological Know-how
and acknowledges that Listing of the Property on BMY Platform and other OTA’s is subject
to BMY on-boarding requirements and BMY Policies. BMY reserves the right to suspend, at
any time, the Product listing from the BMY Platform and other demand channels including
OTA’s and make it unavailable for reservation by BMY customers for reasons that are
more particularly described under the Suspension of Listing clause. The BMY Vendors’ agrees
and acknowledges that in order to improve visibility of a Property on BMY Platform and or
any other websites, BMY at its own expense, shall have the right to take and publish pictures
of the BMY Vendors’s Property during the validity of this Agreement. It is understood and
agreed by the BMY Vendors’ that the intellectual property rights for all such images shall rest
solely with BMY and BMY in no way claims/guarantees with respect to the performance or
saleability of the Property on account of the inclusion of the aforementioned particulars or
pictures on BMY Platform and or any other online or offline channels.
C. Contracted Rooms
The BMY Vendors’ may use Non-Operational Rooms, but shall be made available on the
BMY Platform for reservations by BMY customers the BMY may take advance booking of
those rooms . Anytime in future if booking comes vendor shall make those room available to
book my yoga.
.
D. Non-operational Rooms & Blocked Rooms
The BMY Vendors’ may use the Non-Operational Rooms for any commercial
purpose whatsoever may list such rooms with any third party including but not limited to
OTA(s).
E. Corporate Channels
BMY may conduct and offer rooms and/or banquets at the Property (with/without Value Added
Services) to certain BMY corporate guests / BMY customers under its own name in association
with vendor as part of the B2B demand generated by BMY such corporate programme are
conducted as per discussion between the vendor and BMY .The BMY Vendors’ shall comply
with the terms of the agreement between BMY and such BMY corporate guests.
F. Pricing
BMY shall have exclusive rights to determine the pricing of PRODUCT listed ON THE
PORTAL publish such pricing for reservation by BMY customers on the BMY Platform, OTA
and all online/offline channels and the BMY Vendors’ shall HAVE PRICES AT PAR WITH
BMY OR BELOW . The BMY Vendors’ agrees and acknowledges that such pricing is
dynamic in nature and is subject to change, and such price determination by BMY is
reasonable in nature. The BMY Vendors’ shall also honor the terms of any discount or
promotional or incentive programs that BMY offers to the BMY customers from time to time.
G. Assured Check-in
The BMY Vendors’ acknowledges that guest servicing is a key responsibility under
this Agreement and the BMY Vendors’ agrees and covenants that it shall not deny check-in to
any BMY customer under any circumstances at the Property (i) so long the BMY
customer possesses a valid booking BMY Platform online or offline or any other channel
partner (ii) has complied with the terms of the booking .If the BMY Vendors’ denies check-in
to any BMY customer (including during the suspension of listing on the BMY Platform or
termination of this Agreement, where the booking was made prior to such suspension or
termination, as the case may be), then the cost of shifting or relocating such BMY customers,
cost of compensating the BMY customers for inconvenience and/or payment of penalties/
compensation/ damages/fines levied by a court of law and/or any ancillary cost, etc., shall be
solely borne by the BMY Vendors’ and to that extent the BMY Vendors’ will keep BMY
completely indemnified. BMY has the right to offset/adjust such amounts against monies due
or payable to the BMY Vendors’ and reserves the right to levy penalties and/or liquidated
damages (whether monetary or non-monetary) for such check-in denial under BMY Policies.
The BMY Vendors’’s breach of this provision shall amount to a material breach of the terms
of this Agreement.
H. Service Standards
The Vendors’ shall:
1. operate the Property round the clock throughout the Term in accordance with the terms of
this Agreement;
2. shall maintain adequate staff to provide seamless services to BMY customers;
3. update itself on all the Applicable Laws
4. maintain a safe, hygienic, secure and sanitised Property at all times;
5. take all adequate measures and be responsible for safety and security of the guests and all
other persons present at the Property
6. extend its unconditional cooperation and support towards handling any BMY
customer complaints and request for information raised by law enforcement agencies at
any time during the subsistence of this Agreement and even thereafter.
I. Suspension of Listing
a) Notwithstanding, anything to the contrary herein contained, BMY reserves the right
to suspend the BMY Vendors’’s Property and thereby suspend access to all bookings for the
Property (received through the BMY Platform and / or other demand channels) till such time
as the outstanding issues are resolved.
b) Property may be suspended under the circumstances listed below or other
such circumstances as BMY deems fit:
1. failure of BMY Vendors’ to comply with the BMY Policies and the terms of
this Agreement;
2. any civil or criminal or tortious acts, commissions and omissions by the BMY
Vendors’, its employees, representatives, independent contractors;
3. failure of BMY Vendors’ to comply with the Applicable Laws and regulations,
including but not limited to obtain requisite Approvals as may be required to operate the
Property or renewals thereof and/or maintain registers and records, etc.;
4. any inquiry / investigation against BMY Vendors’ or the Property
which is pending with the law enforcement agencies or any government department;
5. risk of safety or security of BMY customers, BMY employees, representatives,
officials including but not limited to threat or assault;
6. ongoing business dispute with the BMY Vendors’ involving settlement and
reconciliation of accounts;
7. instances of force majeure that render a Property unfit for receiving reservations
from BMY customers;
8. the Property has a continued low guest experience score;
9. change in ownership of Property or if the BMY Vendors’ fails to perform its
obligations under the ownership documents;
10. Property is undergoing renovation;
11. BMY Vendors’ undertakes acts of disparagement towards the business and/ or brand
and/ or reputation and/ or goodwill of BMY;
12. Any information provided by the BMY Vendors’ to BMY, including on BMY Platform,
is found to be false, misleading or inaccurate; and
13. For any other reasons such as denial of check in to guests who have valid
bookings/ reservations, poor safety and hygiene etc.
c) Notwithstanding, BMY shall be absolved of all obligations under the Agreement for
the duration in which the BMY Vendors’’s Property is suspended. The BMY Vendors’ shall
indemnify, defend and hold harmless BMY, its officers, directors, employees, agents and
assigns against all losses, damages, liabilities, costs or expenses arising out of any actions,
disputes, litigations brought against BMY by (including but not limited to) any customer,
private or government authority on account of reasons that led to the BMY Vendors’’s
Property being suspended or issues that may arise at the BMY Vendors’’s Property while the
Property is suspended.
J. Guest Stay Policies
The BMY Vendors’ shall communicate its guest stay policies to BMY at the time of listing,.
In such an event, the guest stay policies provided by the BMY Vendors’ shall be applicable
in addition to the BMY Policies related to guest bookings published by BMY. In case of
any inconsistency between the guest stay policies provided by the BMY Vendors’ and the
BMY Policies, the both BMY and vendor should decide the policy mutually Any proposed
changes by the BMY Vendors’ to its own policies shall be communicated in advance to BMY
and the BMY customer.The BMY Vendors’ confirms that it shall honour all the commitments
made in the booking voucher at all times.
K. Property Branding
The BMY Vendors’, upon the execution of this Agreement, shall install such
signage/branding and at such location, on the facade of the Property, as may be mutually
decide between vendor and BMY and shall be placed as per demographics and size of
the Property, in compliance with Applicable Laws. The cost of just signage/branding be solely
obtained born by BMY.Any applicable licenses required or taxes levied by the Central, State
or local municipal authorities in this regard shall also be obtained / borne solely by the BMY.
L. Value Added Services
BMY may offer to the BMY Vendors’ an option to avail Value Added Services on the
prices, terms and conditions associated with such services. Detailed Value Added Services
terms and conditions can be found at [Insert hyperlink on Value Added Services]. If the BMY
Vendors’ opts for such Value Added Services, it agrees to pay the charges / fees set by BMY,
which the BMY Vendors’ acknowledges as a reasonable fee for the provision of such services.
The terms of service and fees charged for VAS may be periodically modified, in the sole
discretion of BMY. The BMY Vendors’ may opt out of any VAS if it chooses or does not
agree to any modification of the same, unless a minimum VAS period is specified in the
respective VAS policy or in BMY’s reasonable opinion such Value Added Service is critical
to guest experience and provision of its Services. Any fees paid or approved until the date of
cancellation of the Value Added Service will be non-refundable.
3. PAYMENT AND RECONCILIATION
1. All payments to the BMY Vendors’ will be made by BMY directly to the account of
BMY Vendors’ notified by the BMY Vendors’ to BMY, upon completion of verification
of the Account Information. BMY shall not be held liable for any delay in processing
the payments to the BMY Vendors’ due to incomplete Account Information and/or
pendency of verification of the same
2. Revenue Assurance: The BMY Vendors’ shall accurately provide all revenue details of the
Property i.e. revenue generated by the Property through BMY in the preceding week/month
, and pay BMY its Fees. The parties agree that the reconciliation cycle period may be
changed at the sole discretion of BMY, in which case such changes will be notified to the
BMY Vendors’ in terms of clause 18 (h) below. Further, BMY may from time to time
establish standard operating procedures and policies under the BMY Policies to enable
and facilitate compliance with this clause, including incentives and/or penalties.
3. BMY shall provide a statement showing reconciliation of the accounts to the
BMY Vendors’. The BMY Vendors’ shall be required to raise any payment related issues
within 7 (seven) days of receiving the reconciliation statement. All reconciliation
statements shall be deemed accepted in the event no issue/dispute is raised by the BMY
Vendors’ in the prescribed time. All issues pertaining to payment and reconciliation of
accounts are a contractual matter and the Parties shall endeavour to resolve them amicably.
4. The parties agree that BMY reserves the right to introduce or remove various
products and/ or services time and charge incremental fees and/ or commissions for
such products and/ or services with prior notice to the BMY Vendors’. The BMY
Vendors’ acknowledges that such variation in fees or commissions by BMY, will
be commercially reasonable in nature. All terms and conditions associated with the
new products and / or services shall be available in the BMY Policies and communicated
to the BMY Vendors’ separately. Furthermore, BMY reserves the right to waive
charges towards fee(s) and/ or commissions as commercially agreed with the BMY
Vendors’, eg. Walk-in Waiver.
5. BMY shall be entitled to offset any outstanding amounts that may be owed by the
BMY Vendors’ to BMY from time to time from the amount paid by the BMY Vendors’
under BMY Secure. The BMY Vendors’ alone shall be responsible to maintain adequate
balance as per this Agreement in BMY Secure throughout the entire term of this
Agreement failing which BMY shall have the right, at its own discretion, to
suspend/terminate listing of the Property and/or shift the Property on mandatory
prepayment option for bookings on the BMY Platform. Upon expiry/termination of the
Agreement, the balance amount due to the BMY Vendors’, after making deductions (if
any) shall be refunded by BMY within 14 (fourteen) days to the BMY Vendors’
6. BMY shall charge Platform Fees, Demand Fees and any fee towards VAS or any
other additional services related to the usage of the BMY Platform.
4. BMY GUEST PROGRAME
1. The BMY Vendors’ and BMY as per mutual agreement can provide and participate in
designated loyalty, discount, promotional, management, advertising, satisfaction and/or
other guest programs (including any room discounts, rewards programs, voucher
programs, billing programs, corporate memberships, frequent traveller programs,
photographic or virtual tour programs or gift card programs) etc in accordance with the
BMY Policies (“Guest Programs”).
5. BMY PRODUCTS
BMY may, from time to time, introduce BMY Products and will notify the BMY
Vendors’ accordingly and will be available at BMY Policies. Each of the BMY Products may
carry specific terms and conditions including fees. If the BMY Vendors’ opts for any specific
BMY Product, it agrees to pay the charges / fees set by BMY, which the BMY Vendors’
acknowledges as a reasonable fee for the provision of such services. The terms of service and
fees charged for the BMY Product may be periodically modified, in the sole discretion of
BMY and the BMY Vendors’ shall be informed of the same. The BMY Vendors’ may opt out
for any BMY Product if it chooses or does not agree to any modification of the same, unless
a minimum period is specified in the respective BMY Product terms or in BMY’s reasonable
opinion such BMY
Product is critical to guest experience and provision of its Services. Any fees paid or
approved until the date of cancellation of the BMY Product will be non-refundable.
6. INVOICING
a. The BMY Vendors’ shall, for each valid booking, irrespective of its mode of payment
(prepaid or pay at Property), issue a valid GST invoice with the full value of payment, to the
BMY customer in the manner set forth under this clause. If the BMY Vendors’ does not have
a GSTN, then the BMY Vendors’ shall issue a non GST invoice to the BMY customer.
Notwithstanding the forgoing, the BMY Vendors’ shall remain liable to ensure compliance
with all applicable tax laws including payment of all applicable taxes
b. The parties agree that it shall at all times be the BMY Vendors’’s obligation and
responsibility to issue timely invoices to BMY customers.A valid invoice must have the
following components, unless otherwise required by law:
1. Invoice Number
2. 6-digit service code (SAC)
3. Tax segregated as CGST + SGST
4. GSTN Number (of person issuing invoice, if applicable)
5. Place of Supply
6. Date of issuance
7. Valid Signature
c. BMY may offer sale of SERVICE with/without value added services to certain guests under
its own name. In such cases BMY Vendors’ shall issue Tax Invoice/Bill of Supply in the name
of BMY. If GST credit on such invoices is not passed to BMY, then BMY will deduct the
GST credit amount while making payment to the BMY Vendors’.
d) BMY reserves the right to withhold and/or release applicable GST if the BMY Vendors’
does not hold a valid GST registration.
e) If the BMY Vendors’ is registered for GST, it is mandatory for the BMY Vendors’ to share
its GSTN with BMY and include the same in all invoices to guest(s), failing which BMY
shall presume that BMY Vendors’ is not GST registered. If the BMY Vendors’ does not hold
a valid GST registration, BMY shall deduct applicable GST and deposit the same in the Govt.
treasury and recover/withheld the same from the amount payable to the BMY Vendors’,
recover any shortfall thereof.
8. TAXES
1. BMY and the BMY Vendors’, with respect to the services rendered or products offered
in their respective capacity, are solely responsible for compliance of Transaction
Taxes. For the avoidance of doubts, It is clarified that the BMY Vendors’ is solely
responsible for providing accommodation and other associated services in respect of and
in relation to the stay of the guest at the Property, irrespective of the booking channel
through which reservation is made or to whom the payment for such reservation is made,
including but not limited to food and beverage, laundry, etc. and hence shall be solely
responsible to pay all Transaction Taxes that may be levied or leviable on (a) such
accommodation and services and (b) any other ancillary purchase or sale of goods and
services that is required for the purpose of rendering its services. The compliance
(including but not limited to issuance of tax invoice or bill of supply, computation and
deposition of taxes to the government treasury, filing of returns etc.) with tax laws, if any
required, is the sole responsibility of the BMY Vendors’. BMY is in no manner
responsible for ensuring such compliance, including payments of any taxes on the
accommodation and associated services, except if required under applicable laws.
2. All Fees including but not limited to Platform and / or Demand Fee charged by BMY to the
BMY Vendors’ for providing Services is exclusive of all Transaction Taxes which will be
charged over and above such Fees at rates applicable under the law of the applicable
jurisdiction on provision of such Services by BMY
3. BMY may provide additional services to the BMY Vendors’ which may include
limited access to tax engine / calculator for computing taxes or issuing tax invoices on
services provided or goods sold by the BMY Vendors’. By providing such additional
services to the BMY Vendors’, BMY is neither committing nor managing or executing
any tax compliances, and these remain the sole responsibility of the BMY Vendors’ with
respect to services and / or goods sold provided by the BMY Vendors’ to the guest,
unless otherwise required under the law. BMY, while providing such additional services,
may affix its logo, brands, tag lines or such other words, in communication, which
may denote use of BMY's software in rendering such services, solely for the purpose
of branding and should not be interpreted otherwise.
4. In the event BMY is made liable to pay Transaction Taxes under any law for the time being
in force on the services rendered or goods supplied by the BMY Vendors’, then Parties
agree that BMY shall have the right to recover such Transaction Taxes from the BMY
Vendors’. The BMY Vendors’ shall pay such amount without any demur or
protest. Furthermore, the BMY Vendors’ shall indemnify and keep BMY indemnified
against any and all tax related claims /charges /levies /penalties /costs /deficiency. BMY
may furnish a certificate/ document to demonstrate proof of deposit of such Transaction
Tax from time to time if it is required under the law to provide such proof of payment to
the BMY Vendors’.
5. In certain jurisdictions, tax regulations may require that BMY collect and/or
report information about you, or withhold taxes from payouts to you, or both. If you fail
to provide BMY with documentation that it determine to be sufficient to support any
such obligation to not to withhold Taxes from payouts to you or not to report
information, BMY may withhold payouts up to the amount as required by law and / or
provide information to the authorities.
6. For the avoidance of doubt, all sums payable by the BMY Vendors’ to BMY under
these Terms of Service shall be paid free and clear of any deductions or
withholdings whatsoever. Other than Transaction Taxes charged by BMY to you and
remitted to the appropriate tax authorities, any deductions or withholdings that are required
by law shall be borne by you and paid separately to the relevant taxation authority.
7. Each Party is individually responsible for payment of taxes determined / payable
with reference to profits of that Party.
8. Any duties, cesses or taxes (including stamp duty) payable on execution of
this Agreement/Terms and any other instrument entered into under this Agreement
/Terms shall be the responsibility of BMY Vendors’ and shall be borne by the BMY
Vendors’
9. OTA RELATED TERMS
1. The BMY Vendors’ hereby authorises BMY to operate and manage all OTA channels on its
behalf by executing the OTA NOC for the designated OTA partners and shall hand over
all applicable OTA credentials (including password) of the Property to BMY at the time
of entering into this Agreement without any delay.
2. By executing the OTA NOC, the BMY Vendors’ authorises BMY and confirms that it
has no objection with BMY initiating a new listing on revised terms and conditions
under BMY's name and discontinuing the old listing on the OTA channels..
3. BMY may create a new listing or rename the Owner’s existing OTA listing to
reflect BMY’s brand name of the Premises for which the services are being rendered by
BMY. 4. BMY may also change any password recovery information to enable it to
operate the OTA accounts independently.
5. The BMY Vendors’ agrees to promptly deliver and duly execute any and all such
further instruments and documents and to take such actions as may be reasonably required
by BMY in order to obtain the full benefit and to implement the rights and powers
granted by BMY Vendors’ to BMY to control the Property’s’ OTA accounts pursuant to
the Agreement.
6. All pre-existing and new listings of the Property at any online or offline platform shall be
branded and managed by BMY which shall include adding, removing or modifying the
name, phone, website, pictures and amenities of the Property. BMY will manage and be
responsible for complete revenue, pricing, inventory, and booking management for 100%
of the Contracted Rooms inventory at the Property The payments receivable from the OTA
will be received by BMY in BMY’s bank account.
7. BMY reserves the right to subsume any commission/fees charged by the OTA(s)
in connection with the listing of the Property or pass-on or charge the BMY
Vendors’ additionally for the same.
8. If the Property is not able to go-live on any of the OTAs with BMY listing due to
any payment pending by the BMY Vendors’ to the OTA, BMY may, at its discretion,
make the respective payment to the OTA on behalf of the BMY Vendors’ and recover/
adjust/offset this amount in its reconciliation statement and /or increase the BMY’s
Demand Fee applicable for the Property proportionately.
9. The BMY Vendors’ agrees and hereby authorises BMY to engage with or respond
to ratings, reviews and customer feedback received through any OTA where the
Property is listed.
10. The BMY Vendors’ may opt for Value Added Services in relation to its Property
listing with an OTA and the cost of any such services shall solely be borne by the BMY
Vendors’. 11. The BMY Vendors’ shall hand over OTA credentials of the Property to
BMY and shall cease to operate or to cause to operate the Property, directly or indirectly
on any OTA handles other than through BMY, during the Term. In the event the BMY
Vendors’ breaches its obligation as set out under this clause, the BMY Vendors’ shall be
liable to pay a sum equivalent to twice the amount of liquidated damages set out under
Clause 2 (C) above.
.
12. DATA PRIVACY AND RETENTION
1. BMY Customer Data: The BMY Vendors’ acknowledges that personal information of the
customers/ guests is collected by BMY and shared with the BMY Vendors’ only for the
purpose of this Agreement / Terms and the BMY Vendors’ also collects
personal information of the guests upon check-in at the Property. The BMY Vendors’
also acknowledges that BMY is the owner of all rights, title and interests in any and
all information (whether in verbal, written, manual or electronic form) received by
the BMY Vendors’ or BMY through the BMY Platform, OTA, call centers, travel
agents, directly from the guests, at the Property and/ or exchanged / received pursuant to
the acceptance of these Terms by the BMY Vendors’ which includes but is not limited
to BMY’s information, BMY Vendors’’s information, Property description and images,
guest information, guest histories and preferences, guest identification details, etc.
(regardless of the source of such Data and the manner of its collection) (“Data”). The BMY
Vendors’ agrees to collect, process, store and use Data in accordance with the provisions
of the Applicable Laws and in the manner provided for in BMY’s Privacy Policy available
on the BMY Platform [insert hyperlink on BMY’s Privacy Policy].
2. BMY Vendors’ Data: The BMY Vendors’ acknowledges and expressly consents that Data
related to the BMY Vendors’, the Property and other parameters collected under this
Agreement / Terms may be used, transmitted, processed, shared and transferred by BMY
(to other entities under the BMY group or third parties), (i) for performance evaluation,
optimization and improvement (ii) benchmarking (iii) for marketing and advertising ; (iv)
where BMY has a duty to or are permitted to disclose Data under Applicable Law or under
a court/ Government order; (v) in connection with any merger, sale of company
assets, consolidation or restructuring, financing, liquidity event or acquisition or (vi) any
other lawful purpose.
13. CONFIDENTIALITY
All documents, instructions, details collected under this Agreement / Terms including the
BMY customer/guests’ personal data, brand standards, operating standards, technology,
systems, training manuals, financial details, terms of this Agreement / Terms, account and
sales information, any and all information and/or documents shared with the BMY Vendors’
under this Agreement, etc., whether shared through any oral or written information exchanged
between the Parties directly or indirectly, before, during or after the execution of this
Agreement or in connection with the preparation and performance this Agreement, shall be
considered as secret and confidential information (collectively referred to as “Confidential
Information”) and BMY Vendors’ undertakes not to copy or disclose any of its contents or
concepts to any other party and not to make any direct or indirect use thereof except as required
for due performance under this Agreement / Terms. This Agreement / Terms is confidential in
nature and shall not be disclosed by the BMY Vendors’ to any other third person except as
otherwise required by law. During the performance of its obligations under this Agreement /
Terms, the BMY Vendors’ and its employees, officers, agents, proprietors, directors,
shareholders, stakeholders, contractors or any third party resources (“Representatives”) may
have access to Confidential Information, which shall be kept fully confidential by the BMY
Vendors’ and its Representatives. The BMY Vendors’ shall execute necessary non-disclosure
agreement with its Representatives and take any other steps that it would reasonably take to
protect such Confidential Information. The obligation under this provision shall survive
termination or expiration of this Agreement.
14. TERM AND TERMINATION
a. The term of this Agreement shall be valid and binding upon the parties from the Live Date
and shall continue to be valid and binding unless terminated by either party as per the terms
given below.
b. Either party may terminate this Agreement by giving a 30 (thirty) days prior written notice to
the other without assigning any reason thereof. BMY may terminate any between vendor and
BMY Agreement and deactivate / suspend and/or delete the BMY Vendors user account
forthwith by intimating the BMY Vendors’ via an email or using any other communication
process provided by the BMY Vendors’ for the Account, in the event the BMY Vendors’
(including its employees, agents, contractor and representatives)
(i) breaches the Terms and condition herein, Applicable Laws and/or violates any other thirdparty rights; (ii) fails to obtain/maintain Approvals required to operate its business from the
Property as mentioned under these Terms;
(iii) files for bankruptcy or becomes or is declared insolvent;
(iv) acts in a manner which results in the financial loss and/or reputational harm to BMY in
any Manner ;
(v) engages in unlawful acts or acts that disparage BMY in a private/ public set up, on
social media/print media;
(vi) ceases to be the owner of the Property or if the BMY Vendors’’s interest is derived in
the Property through a lease/operating agreement and such arrangement lease expires or is
terminated or acts in a manner which results in a potential dispute concerning the title of
the Property;;
(vii) have provided any false, misleading or inaccurate information;
c. Upon termination or expiry of this Agreement for any reason whatsoever:
(i) BMY and the BMY Vendors’ shall undertake an account reconciliation, and subsequently
a full and final settlement with respect to the Property including all expenses and advances
which are payable by the BMY Vendors’ under this Agreement to BMY and the BMY
Vendors’ shall make payments due to BMY;
(ii) The BMY Vendors’ shall honour all bookings made at the Property up until the date
of termination and continue to discharge all its obligations under this Agreement; (iii) BMY
shall delist the Property from BMY Platform;
(iv) BMY shall return the OTA credentials for the Property upon full and final settlement
with the BMY Vendors’;
(v) The BMY Vendors’ shall have no right to use any Confidential Information or IP
Bundle provided to the BMY Vendors’ under this Agreement and shall forthwith return to
BMY any such Confidential Information in its possession;
(vi) The BMY Vendors’ shall cease to use BMY’s name, logo or any of the associated
BMY Marks, IP Bundle and shall not represent itself in any manner to be associated with
BMY; (vii) The BMY Vendors’ shall provide BMY with a copy such registers and records,
including but not limited to the A&D Register and other guest and payment details, etc., as
and when requested by BMY; and
(vii) The BMY Vendors’ shall not be entitled to enter into any new agreement with BMY or
any of the entities within the BMY group whether directly or indirectly for such period as
BMY may determine.
16. LIMITATION OF LIABILITY
Other than remedies specifically provided under this Agreement by way of liquidated
damages, neither party shall be liable to the other party for any indirect, incidental, punitive,
special or consequential damages or losses (including without limitation for loss of profit or
revenue etc.) whether under contract or in tort and even if the other party had been advised of
the possibility of such damage or loss. In no event, shall the BMY’s liability under or in
connection to this Agreement exceed the Demand Fee paid by the Vendors’ to BMY for a
period of 1 (one) month preceding the date of such claim. Other than remedies specifically
provided under this Agreement by way of liquidated damages, neither party shall be liable to
the other party for any indirect, incidental, punitive, special or consequential damages or losses
(including without limitation for loss of profit or revenue etc.) whether under contract or in
tort and even if the other party had been advised of the possibility of such damage or loss. In
no event, shall the BMY’s liability under or in connection to this Agreement exceed the
Demand Fee paid by the BMY Vendors’ to BMY for a period of 1 (one) month preceding the
date of such claim.
.
18. MISCELLANEOUS
1. Disclaimer of Warranties - We provide the BMY Platform and all Content “as is” without
warranty of any kind and we disclaim all warranties, whether express or implied. For
example: (i) we do not endorse or warrant the existence, conduct, performance, safety,
quality, legality or suitability of any BMY Vendors’ or guest, listing or third party; (ii) we
do not warrant the performance or non-interruption of the BMY Platform; and (iii) we do
not warrant that verification, identity or background checks conducted on listings. Any
references to an BMY Vendors’ or listing being "verified" (or similar language) indicate
only that the BMY Vendors’ or listing or BMY has completed a relevant verification or
identification process and nothing else. Further, BMY is not responsible for any loss
suffered by the BMY Vendors’ as a result of incorrect banking or taxation or other
financial information provided by the BMY Vendors’. The disclaimers in these Terms
apply to the maximum extent permitted by law. The BMY Vendors’ shall be responsible
for its conduct, performance, safety measures, quality, legality or compliance with
Applicable Law and in case any guest has any claim against any such listing or services
provided by the BMY Vendors’, the BMY Vendors’ shall be solely responsible for the
same and shall be liable for any damages payable to the guest.
2. Governing Law & Jurisdiction - These Terms shall be construed and enforced
in accordance with the laws of India. If any dispute shall arise between the Parties
hereto concerning the construction interpretation or application of any of the provisions of
the Terms, such dispute shall be referred to the arbitration in accordance with
Arbitration and Conciliation Act, 1996., under its rules as amended from time to time,
which rules are deemed to be incorporated by reference herein
3. Compliance with Laws - As an BMY Vendors’, it is your sole and absolute
responsibility for identifying, understanding and complying with all Applicable Laws,
rules, regulations and contracts with third parties that apply to your Property. For
example, some cities have laws that restrict your ability to host guests for short periods or
provide certain hotel / homes related services. In many cities, BMY Vendor’s may have
to register, get a permit or obtain a license before providing certain hotel / homes
related services including but not limited to preparing food, serving alcohol for sale,
guiding tours or operating a vehicle, installation of hoardings and signages or to maintain
certain registers & records or to intimate the authorities regarding guest stay. BMY
Vendor’s shall be alone responsible for identifying and obtaining any required permits,
licenses, consents, approvals, registrations and authorizations for any services they
offer, including but not limited to GST Registration and applicable GST compliances,
FSSAI, health, trade licenses, building approvals, Property related licenses, registrations,
and NOC’s as may be applicable and any other license necessary for establishing
and operating the Property, carrying on its business and for the performance of
its obligations hereunder. BMY Vendor’s understand that certain types of services may
be prohibited altogether and penalties may include fines or other punitive actions.
BMY Vendor’s are responsible for checking and reviewing all laws, rules and/or
regulations applicable to their listing. Any information which BMY may provide in
relation to any legal requirement is for information purposes only
4. Insurance - The BMY Vendors’ shall during the term of the Agreement, maintain at
all times appropriate insurances with coverage as per industry standards, which
shall include but not be limited to fire insurance, commercial general liability insurance,
error
and omission liability insurance, etc., for the Property. You are advised to
carefully review policy terms and conditions including coverage details and exclusions.
5. Force Majeure - Notwithstanding anything to the contrary contained herein BMY
shall be liable for any delays or failures in performance resulting from acts beyond
its reasonable control including, without limitation, acts of God, acts of war or
terrorism, outbreak of an epidemic and/or pandemic, natural disasters, imposition of
lockdown by any local, state and central government, significant or partial travel
restrictions, interruptions, malfunction or breakdown of computer facilities, cyberattacks, irretrievable breakdown of BMY platform, or loss of data due to power failures
or mechanical difficulties with information storage or retrieval systems, labor
difficulties or civil unrest.
6. Relationship - The parties’ relationship, as established by this Agreement, is solely
on principal to principal basis as independent contractors agreeing to provide service
on the basis of this Agreement. Neither party is a legal representative, agent or
employee of the other party, and other than specifically authorised under this Agreement,
neither Party can assume or create any obligation, representation, warranty or
guarantee, express or implied, on behalf of the other party for any purpose whatsoever..
7. Assignment - The BMY Vendors’ shall not assign, transfer or delegate this Agreement
to any third party without BMY’s prior written consent. BMY shall be entitled to
assign the benefit of this Agreement to any other party at any time and shall inform the
BMY Vendors’ thereof within a period of 30 days thereafter.
8. Amendment/Modification - BMY reserves the right to amend the Commercial Terms by
way of a prior written intimation to the BMY Vendors’ duly acknowledged and accepted
by the BMY Vendors’. Notwithstanding the foregoing, BMY also reserves the right to
modify these Terms (except Commercial Terms), at any time. It will be your responsibility
to keep yourself updated with the Terms from time to time. We will endeavour to intimate
you of any changes at least 30 (thirty) days prior to such changes becoming effective. Your
continued usage of the BMY Platform and Services would be deemed to be an acceptance
of the Terms and the modifications thereto.
9. Waiver - Neither party’s failure to exercise any right or remedy in consequence under these
Terms will not constitute a waiver of such term or condition or prevent
subsequent enforcement of such term or condition, unless agreed in writing.
10. Notice -Unless specified otherwise, any notices or other communications to
BMY Vendor’s under these Terms, will be provided electronically and given by BMY via
email, BMY Platform notification, messaging service (including SMS and Whatsapp), or
any other contact method that is enabled by BMY and contact information provided by
you. Any notices to BMY shall be sent on legal@BMYrooms.com
11. Severability - The BMY Vendors’ acknowledges and agrees that if any of the
provisions of this Agreement is deemed invalid, void, illegal, and unenforceable, such
provision shall stand severed from this Agreement and the remaining provisions of
this Agreement shall remain valid and enforceable and binding on the Parties.
12. Publicity - The BMY Vendors’ understands and agrees that by virtue of the
Services provided under this Agreement, BMY shall use/publish the BMY Vendors’
and/or its Property’s name, details and images including other details on any BMY
Platform(s) and online and offline demand channels. However, the BMY Vendors’ shall
not have the right to use the BMY name or BMY Marks in any independent sales or
marketing publication or advertisement, or in any other manner, without prior written
consent of BMY, except for and to the extent permissible under this Agreement.
13. Entire Agreement - These Terms as may be supplemented by additional terms
and conditions, including policies, guidelines, standards, and in-product disclosures(as
well as those items incorporated by reference) contains the entire understanding
between BMY and you with respect to your usage of the BMY Platform and supersede
any and all prior oral or written understandings or agreements between BMY and you.
You acknowledge and agree that if any of the provisions of these Terms are deemed
invalid, void, illegal, and unenforceable, such provision shall stand severed from these
Terms and the remaining provisions of these Terms shall remain valid and enforceable
and binding on you and BMY.

 REFUND AND CANCELLATION POLICY 

Refunded amount will be settled in 7 working days with deduction of 18%.

Shipping policy

BMY shipped the product within  5-7 working days