Terms and Conditions
1. The Terms and Conditions given here under (henceforth referred to as ‘Terms and Conditions’), on our website, the booking form, any other printed material and brochures, form the basis of our agreement and understanding with you. You are requested to read, understand and sign in acceptance all the Terms and Conditions, before you register yourself / family / friends as a 'Guest' to use our services. The making of payment and booking of accommodation at Village Nirvana is also deemed to be an acknowledgement of acceptance of the Terms and Conditions by the Guest.
2. Nature and Philosophy of Business:
Village Nirvana is in the business of providing vacation home on rent in the villages of Sindhudurg district of Maharashtra. Village Nirvana also arranges for services incidental to the stay of Guests. The vacation homes,either new or heritage properties, may be owned by Village Nirvana or taken on lease on contractual basis from the Property Owners. Village Nirvana (also, referred to as ‘we’, ‘us’,’our’,’it’) makes every effort to provide Guests (also referred to as ‘you’,’your’,’he’,’her’,’they’) with the best of services in a pleasant, friendly and homely atmosphere at all times. Village Nirvana strives for your complete satisfaction by providing a safe and secure stay at our properties. We go beyond legal form to ensure that all the issues of Guests are resolved in timely and friendly manner.
In these Terms and Conditions unless the context otherwise requires: (i) 'Guest' means the person in whose name or on whose behalf booking is made for any accommodation provided by Village Nirvana, and includes all the persons for whom booking has been made
(ii)‘Property’,‘Premises’ or ‘Accommodation’ means any vacant land or residential building along with the land appurtenant thereto, owned by or taken on rent/ lease by or in possession of Village Nirvana for the purpose of letting out as vacation home.
(iii)'Brochure' means printed or digital copies of tourism material brought out / published by Village Nirvana.
(iv) 'Meal' means breakfast, lunch, dinner and any other snacks.
(v) 'Escort/ Manager/ Assistant/Representative' by whatever designation called means a person designated by Village Nirvana to help / guide / assist the Guest in and around the properties or during sightseeing assisted by Village Nirvana.
(vi)'Service Agencies' means a person and/or organization selected by Village Nirvana to render services including cooking, cleaning, gardening, transportation, restaurant, sightseeing to the Guest/s and/or to Village Nirvana. Service Agencies is not an employee,associate, partner or joint venture of Village Nirvana.
(vii) 'Force Majeure' means an event or circumstance,not within the reasonable control, directly or indirectly, of Village Nirvana in its ability to perform its obligations / responsibilities , including (a) war, hostilities, invasion, act of foreign enemies; (b) rebellion, revolution, insurrection or military or usurped power or civil war; (c) epidemic, explosion, fire, flood, earthquake or other exceptional natural calamity and act of God; (d) riot, commotion or disorder; (e) any act or omission of any government instrumentality; (f) a change in legal requirements; (g) strikes, lock outs or other industrial disturbances; and (h) abnormal weather or sea conditions including tempest, lightning, hurricane, typhoon, rain and temperatures.
(i) Each term/provision of these Terms and Conditions shall be severable and if any provision thereof is declared invalid, illegal or unenforceable, then remaining provisions nevertheless shall have full force and effect.
(ii) The masculine gender shall also include feminine gender and vice versa, the singular shall include plural and vice versa and shall include grammatical variations thereof.
5. Relationship, Responsibility and Liability:
(i) The Guest explicitly agrees to use all facilities and amenities in and around the Property entirely at the Guest’s own initiative, risk and responsibility. Further, the Guest hereby Indemnifies as well as waives and releases any claims against Village Nirvana and the Property Owner and their successors, assigns, employees or representatives, officially or otherwise, for any loss, harm,injury, damage or death that may be sustained by Guest and / or his / her party on or near or adjacent to the Property, including any common facilities, activities or amenities for whatsoever reason/s.
(ii) The Guest’s contract for rental accommodation is only with Village Nirvana and not with the Property Owners, if they are different. The Property owner has no responsibility towards the guest for provision of the accommodation or quality of accommodation of the relevant Property.
(iii) Any inconvenience faced by the guest in relation to the Checked-in Property should be reported to the local representative of Village Nirvana. You may also call us to facilitate and help resolution of the issue during office hours or through e-mail.
(iv) Village Nirvana is in no way liable for any acts of nature or shall not be held responsible in any way for failure or outages of utilities like power or water supply etc. that would limit the use of Property by the Guest.
(v) Village Nirvana’s website, brochures and other publicity material or endeavors show and project information and content which is reasonably current as of the time of their release. Properties with us are privately owned for personal use and their furnishings vary and change from time to time depending upon the owners' taste. As a result, we cannot guarantee the presence of particular furnishings, equipment or appliances that you may have seen on our website, brochures and other publicity material or endeavors and we shall not be held responsible for any variance thereof with actuals.
(vi) Village Nirvana takes utmost care in selecting the various service agencies to make our Guest/s comfortable at our properties. Village Nirvana coordinates the services of various agencies to help the Guest/s. However, it does not have control over their operations. Village Nirvana shall not be held responsible for any loss, harm, injury, damage or death caused by default, omission or act of employees or management of any such agencies.
(vii) Guest/s signature on the Booking form or payment of the Booking amount or Booking of accommodation, whichever is earlier, shall mean acceptance by the Guest/s in totality of the Terms and Conditions contained herein. Affixing signature of one or more Guest/s if the group includes large number of Guest/s on the Booking form, shall be deemed to mean that the Guest/s other than signatories have duly authorized the signing Guest/s and all the Guest/s for whom the Booking was made shall be deemed to have been bound by the Terms and Conditions contained herein.
6. Right of Admission :
(i) Right of admission to any person to the Property is absolutely at the discretion of Village Nirvana. The information and profile provided to Village Nirvana by person making the booking about the Guest and his /her party will be passed on to the representative of Village Nirvana for arranging accommodation or other services.Guests are required to fill in complete details of the Guests in the Guest Register maintained at the Property. Guests are also required to submit copy of the identity document with the representative at the Property. Guests who misrepresent themselves shall be removed / ejected from the Property by Village Nirvana or his representative with no refund of the Booking amount paid by the Guest.
(ii) Occupancy numbers at the property are strictly enforced. Total number of persons in the Guest’s party, including his daytime visitors shall not exceed the numbers as stated on the Booking Confirmation. If Total Number in the party exceeds the numbers as stated on the Booking Confirmation, Village Nirvana may refuse entry to the Guest and his party and if the Guest has already Checked-In, remove / evict the Guest and his party from the Property without recourse to any refund. Village Nirvana may permit, at its discretion, additional persons on charging additional amount.
7. Check-In and Check-Out Timing :
(i) Unless otherwise confirmed in writing earlier, standard Check-In time is 12:00 PM. Guests shall not proceed to the rental property prior to standard or agreed Check-In time as stated on Booking Confirmation. Guest may be charged one additional day rental if property is occupied prior to standard or agreed Check-In time.
(ii) Unless otherwise confirmed in writing earlier, standard Check-Out time is 10:00 AM. If an alternate Check-Out time is agreed, it shall be as indicated on the Booking Confirmation. Guestwill be charged 40% of the rental if Check-Out is done upto 6.00 pm after the standard or agreed Check-Out time , and full day rental if Check-Out is done beyond 6.00 pm after the standard or agreed Check-Out time.
8. Cancellation / Modifications :
(i) All cancellations / modifications, for any reason whatsoever, will be subject to cancellation charges. All requests for cancellation / modifications must be communicated to us on phone or in writing or via e-mail at ‘firstname.lastname@example.org’. The cancellation request should be acknowledged by us. Given below are cancellation charges as % of “Booking Amount”. Where ‘days’ are number of days including scheduled Check-In date and day of cancellation as acknowledged by us on or before the scheduled Check-In date. “Day” is defined as calendar day:
More than 14 Days - 10%
Between 8 and 14 Days - 20%
Between 3 and 7 Days - 30%
Less than 3 Days - 100%
9. Security Deposit and Charges for Damages :
(i) Security deposit equivalent to a minimum of Rs.5,000/- or a sum at least 20% of the total Booking Amount will be charged at the time of booking. Additional security deposit may be charged for Pets.
(ii) The security deposit paid will be refunded within 7 days after Check-Out in the form of a Bank Cheque or an online Bank Transfer after adjusting / recovering charges, if any, for damages, excessive cleaning, furniture resetting,etc. If the charges exceed the amount of security deposit, the excess charges will be billed to the Guest and Guest will be liable to pay the same and shall pay the same without demure.
(iii) It is the responsibility of the Guest to observe and report any damage to the property or appliances, furniture, fixtures and artifacts thereof within 60 minutes of Checking-In. Unreported problems and / or damages shall be assumed to have occurred during occupancy by the Guest and the Guest shall be held responsible for those damages and resulting charges.
(iv) Before Checking-Out or going out of the Property, the Guest shall make sure that all doors and windows are locked, all appliances & equipment e.g. air conditioning, TV sets, lights, fans, gas burners, cooking ranges, ovens, washing machines, etc. are turned off. Guest should also ensure that all water taps and faucets are turned off, furniture returned to their original locations, etc.
(v) Guests are responsible for leaving the Property in good order before departure. Guest is and shall be responsible for any damage caused to the property, appliances, furniture, fittings, artifacts, etc. during their stay.
10. General, Safety and Prohibitions :
(i) The Guest shall not cause any nuisance to neighbors of the Property or the residents of the Village in which the Property is situated. Guest shall not cause noise pollution in any manner in and around the property at any time during their stay. Guest shall not use the Property for any purpose other than accommodation and shall not use the Property for committing or conducting any immoral or unlawful act.
(ii) Smoking and consumption of alcohol is prohibited in and around the Property. Doing so shall result in forfeiture of entire security deposit and removal of the Guest and his party from the Property, at the sole discretion of Village Nirvana, without recourse to refund.
(iii) Fireworks are prohibited in and around the Property.Open Fires are also prohibited anywhere in and around the Property except in fire pits / Bar B Q grills, where provided by Village Nirvana.
(iv) Consumption, bringing or possession of “Drugs” by any Guest or member of his party or his visitors is strictly prohibited. Breach of this condition shall terminate the booking and result in instant and immediate removal of the Guest and his / her entire party from the Property without recourse to any refund of Booking Amount or Security deposits what so ever. A Police Complaint will also be lodged.
(v) House parties, reception and other such events are prohibited unless explicit written permission is taken for the same. If permitted, additional security deposit will be charged.
(vi) Any breach or violation of any of the terms of this Booking Confirmation by the Guest or his Party will render the Guest and his party liable to be immediately vacated from the Premises and No refund shall be due or made in such a case.
11. Pets :
(i) Admission of pets will always be at sole discretion and permission of Village Nirvana. Such permission must be obtained at the time of Booking. If pets are allowed, there is an additional pet fee of Rs.1,000 per pet plus applicable taxes, if any. All pets must be kept on the Property. It is the Guest’s responsibility to ensure that Pets do not soil or spoil the Property, its furnishings, appliances or equipment. Guests (including Guest’s day visitors) who bring pets without prior approval will be subject to pet fees, additional cleaning fees and possible removal from the property without recourse to refund, at the sole discretion of Village Nirvana.
12. Refunds and Reassignments :
(i) No refunds will be made on account of appliance, mechanical, drainage, utility (electricity or water supply) or other failures or breakdowns. However, we will use our best efforts to have such failures or breakdown corrected as soon as possible, but cannot control the scheduling of outside service agencies. We shall have the right to arrange, inspect and make repairs during rental period.
(ii) If the rental property becomes unavailable or uninhabitable, we reserve the right to move the Guest to a comparable location accommodating the same number of persons and within the same price range. If a property in comparable price range is not available additional charges may have to be paid by the guest for alternate accommodation.
(iii) In case of force majeure conditions, Village Nirvana reserves the right to change / modify / vary / alter the dates of reservations. Such changes etc. shall be intimated to Guest/s, prior to the start of the vacation or during the vacation as the case may be. No complaints /compensations and/or claiming of excess refunds, beyond the refund provided by Village Nirvana - if any -, by the Guest/s shall be entertained by Village Nirvana for limitation and/or non- availability of certain services beyond the control of Village Nirvana including ,transportation, restaurants, sightseeing, shopping ,etc.
13. Other Provisions :
(i) All Guest/s including Non-Resident Indians or Foreigners should abide by all the laws, rules, regulations of Government of India while staying at the Property.
(ii) Village Nirvana advises Guest/s not to carry with them valuable items to the extent possible. Guest/s should invariably carry such items, if any, with them while leaving the property for whatever reasons. In case of any loss suffered by the Guest/s, Village Nirvana is not liable or responsible for the same.
(iii) Shopping is one of the important activity while on vacation and an experience in itself. All Guest/s are hereby made aware that Village Nirvana neither recommends nor promote any specific shop or vendor for shopping purpose. We understand that the Guest/s can decide for themselves what to buy and where to buy. It is a sole discretion of the Guest. Hence, Village Nirvana does not take any responsibility or liability in case of any cheating or misguiding by the vendors.
(iv) (a) If the Guest has any claim, grievance or complaint in respect of deficiency in services provided by any of the service agency, the Guest shall immediately notify the same to the service agency in writing, and a copy thereof is handed over to Village Nirvana not later than 7 days thereof to enable Village Nirvana to take up the matter with the concerned service agency.
(iv) (b)If the Guest has any claim, grievance or complaint in respect of deficiency in services provided by Village Nirvana, the Guest shall immediately notify the same in writing to Village Nirvana to enable Village Nirvana to look into the matter for taking remedial action. The maximum possible liability of Village Nirvana, for deficiency in services provided by Village Nirvana, as acknowledged by Village Nirvana or adjudicated by the Court of jurisdiction, will not exceed the amount of rentals received by Village Nirvana from the Guest.
(v) Any Information furnished by the Guest/s to Village Nirvana, is subject to disclosure thereof as required by law or by an order of court or the rules, regulations and enquiry by any government / statutory authority.
(vi) Village Nirvana reserves the right to use Photographs / Video Clips of the Guest taken on the property and/ or given by Guest, for promotion of Village Nirvana’s Business without obtaining prior permission of the concerned Guest. Such Photographs / Video Clips can be used on any media with due respect for emotions/sentiments of Guest/s.
(vii) Village Nirvana reserves the right to refer the Guest, on request, to prospective Guest for promotion of Village Nirvana's business. Further, Village Nirvana is authorized to send transactional as well as promotional SMS/e-mail/phone calls.
14. Jurisdiction :
This Booking and issues arising out of it shall be governed by, and construed in accordance with, the laws of the Union of India and subject to the jurisdiction of the courts of Devgad in Sindhudurg District as applicable, without regard to the principles of conflicts to law of any other jurisdiction.