Tashi Homes • Legal & Compliance
Legal Policies & Platform Terms
Homestay Booking Marketplace — North Bengal, India. Transparent terms aligning guest safety, host dignity, and Indian statutory compliance.
TASHI HOMES
Legal Policies & Platform Terms • Homestay Booking Marketplace — North Bengal, India
Definitions & Interpretation
For the purposes of these policies, the following terms carry the meanings set out below. Terms used but not defined here carry their ordinary meaning under Indian law.
- •"Platform" means the Tashi Homes website, mobile application, and any associated services operated by [Tashi Homes legal entity name, to be inserted once registration is finalized], through which Guests can search for, compare, and book Homestays.
- •"Homestay" means a private residential property — a room, floor, cottage, or the whole home — offered by a Host for short-term paid accommodation, as distinct from a hotel, resort, service apartment, or commercially licensed guest house.
- •"Host" or "Homestay Partner" means the individual or family who owns or lawfully occupies and manages the Homestay and lists it on the Platform.
- •"Guest" or "User" means any person who browses, registers on, or books through the Platform.
- •"Booking" means a confirmed reservation of a Homestay for specified dates, made through the Platform and accepted by the Host.
- •"Listing" means the description, photographs, pricing, availability calendar, and house rules a Host publishes for a Homestay.
- •"Service Fee" or "Platform Fee" means the commission or convenience fee charged by Tashi Homes for facilitating a Booking.
- •"North Bengal" refers to the operating region — including but not limited to Darjeeling, Kalimpong, Jalpaiguri, Alipurduar, Cooch Behar, and adjoining Dooars/Terai areas — where listed Homestays are located.
These policies should be read together. Where a specific policy (e.g., Cancellation & Refund Policy) conflicts with the general Terms of Service on a matter it specifically addresses, the specific policy governs.
Nature of the Platform (Marketplace, Not Operator)
This section is the legal foundation of the entire document. Getting it right is what limits Tashi Homes' liability for what happens inside someone's home.
2.1 Intermediary / Marketplace Model
Tashi Homes operates strictly as an online marketplace and intermediary, within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and Rule 2(1)(w) of the Consumer Protection (E-Commerce) Rules, 2020. Tashi Homes:
- •does not own, lease, manage, or operate any Homestay listed on the Platform;
- •does not act as an agent of the Host for the purpose of the underlying accommodation contract, which is formed directly between Guest and Host;
- •does not employ, supervise, or control Hosts, their staff, or their household members;
- •is not a party to, and assumes no liability under, the contract of accommodation formed between Guest and Host at the point of Booking confirmation.
Tashi Homes' role is limited to: listing discovery, search and comparison tools, secure payment collection and disbursal, booking confirmation logistics, customer support coordination, and (where offered) verification checks on Hosts and properties as described in Section 4.
2.2 Why This Distinction Matters for a Homestay Model
Because Homestays are private residences rather than licensed commercial hotels, Tashi Homes' marketplace-not-operator status is especially important to state clearly to Guests — the safety standards, staffing, and facilities of a family home will differ from a hotel, and Guests are booking with that understanding. Section 3.6 (Guest Acknowledgement of Homestay Nature) makes this explicit as part of the Guest contract.
Homestay Partner (Host) Agreement
4.1 Eligibility & Onboarding
- •The Host must be the legal owner of the property or hold documented authority (e.g., from the owner/family) to let it out for paid stays.
- •The Host must provide accurate identity documents, property ownership/occupancy proof, and bank/UPI details for payouts, as part of Tashi Homes' onboarding verification.
- •Tashi Homes may conduct a physical or virtual property verification before activating a Listing, and may periodically re-verify Listings.
4.2 Regulatory & Licensing Compliance (Host's Responsibility)
Homestays in West Bengal — particularly in the hills (Darjeeling, Kalimpong) and Dooars/Terai belt — may be subject to registration under the West Bengal Tourism department's homestay scheme, local municipal/Gram Panchayat trade licence requirements, fire and public-safety norms, and mandatory guest-register/police-verification obligations for tourist lodging. The Host is solely responsible for:
- •obtaining and maintaining any homestay registration, trade licence, or tourism department certification applicable in their district;
- •maintaining a guest register and complying with local police reporting/foreigner-registration (FRRO/C-Form) requirements where the Guest is a foreign national;
- •basic fire and electrical safety measures, and disclosing any known safety limitations of the property;
- •complying with local municipal, panchayat, and state tourism regulations applicable to paid home-stays.
Tashi Homes may request copies of applicable registrations at onboarding and may de-list any Homestay operating without required local approvals, but Tashi Homes does not certify or guarantee a Host's regulatory compliance, and onboarding a Listing is not a representation that the property fully complies with every applicable local law.
4.3 Listing Accuracy
- •Hosts must ensure photographs, descriptions, amenities, pricing, and availability calendars are accurate and kept up to date.
- •Misrepresentation (e.g., undisclosed shared bathrooms, inaccurate location, unlisted extra charges) is grounds for Listing suspension and forfeiture of that Booking's payout, without prejudice to the Guest's refund.
4.4 Commission, Fees & Payouts
- •Tashi Homes charges a platform service fee on each completed Booking, typically fixed at 10.0% of the booking subtotal (or as specifically stipulated in the Host's executed Host Partnership Agreement) and visible in the Host's vendor dashboard.
- •Payouts to Hosts are released via automated banking settlement (RazorpayX) directly to the registered bank account within 24 hours of verified guest check-in, net of platform commission, statutory TDS under Section 194-O of the Income Tax Act, 1961 where applicable, and any approved guest refund adjustments.
- •Hosts are independently responsible for their own GST/income tax registration and compliance on income earned through the Platform; Tashi Homes will issue periodic Form 16A/TDS certificates as required by law but does not act as the Host's tax consultant.
4.5 Cancellation by Host
Hosts who cancel a confirmed Booking without a valid reason (as opposed to a genuine emergency) may be subject to a cancellation penalty deducted from future payouts, temporary suspension of their calendar, or removal from the Platform for repeat cancellations, in addition to the Guest refund obligations in Section 3.7.
4.6 Non-Circumvention
Hosts and Guests agree not to use contact information exchanged through the Platform to complete a booking transaction outside the Platform in order to avoid the Service Fee, during the term of these Terms and for a reasonable period thereafter. Confirmed circumvention may result in account termination and recovery of the bypassed commission.
4.7 Termination / De-listing
Tashi Homes may suspend or permanently de-list a Homestay for: repeated Guest complaints, safety concerns, regulatory non-compliance, fraudulent listings, discriminatory refusal of Guests, or breach of this Agreement, with notice where practicable except in cases of urgent safety risk.
4.8 Electronic Execution & E-Sign Enforceability
Individual Host Partnership Agreements dispatched by Tashi Homes are executed via electronic signatures in full compliance with the Information Technology Act, 2000. When a Host completes an electronic signature on the TashiHome E-Sign Portal, the signer's IP address, browser fingerprint, and cryptographic SHA-256 hash are recorded. The generated executed PDF serves as a legally enforceable and binding commercial contract between the parties.
Booking, Pricing & Payments
- •All payments are processed through Tashi Homes' authorised payment gateway partner(s); Tashi Homes does not store full card details, in line with RBI tokenisation norms.
- •Prices may vary by season, demand, and length of stay, and are set by the Host within any bounds Tashi Homes sets for platform pricing consistency.
- •Where partial/advance payment models are offered, the balance payment terms (amount, due date, payment method at property) will be clearly disclosed before Booking confirmation.
- •In case of payment failure after debit, Tashi Homes will initiate reversal to the original payment method within RBI-mandated timelines (currently up to 5–7 working days depending on the issuing bank).
- •Currency: all prices are quoted in Indian Rupees (INR) unless otherwise stated.
Limitation of Liability, Indemnity & Insurance
10.1 Limitation of Liability
To the maximum extent permitted by law:
- •Tashi Homes' aggregate liability to any Guest or Host arising out of or in connection with a Booking is limited to the amount paid through the Platform for that specific Booking.
- •Tashi Homes is not liable for personal injury, loss of belongings, property damage, or any dispute arising from the actual stay at a Homestay, as this occurs under the direct contract between Guest and Host; Tashi Homes' role is limited to facilitating the booking and payment as described in Section 2.
- •Tashi Homes is not liable for indirect, incidental, or consequential losses (e.g., lost wages, missed connections, trip-planning costs) arising from a cancelled or defective Booking, beyond the refund remedies set out in Section 6.
10.1A – Waiver of Liability for Host Services
The Platform (Tashi Homes) acts solely as an intermediary facilitating the booking and payment between Guests and Hosts. The Platform does not itself provide accommodation, hospitality, or any related services.
Accordingly, to the maximum extent permitted by law, Tashi Homes expressly disclaims and waives any and all liability, responsibility, or obligation arising from or relating to:
- •the quality, adequacy, suitability, safety, cleanliness, or performance of any services, facilities, amenities, or accommodation provided by the Host (hotel/homestay);
- •any failure, deficiency, shortfall, or inadequacy in the services rendered by the Host to the Guest during the stay;
- •any dispute, claim, complaint, loss, damage, injury, or inconvenience experienced by the Guest as a result of the Host’s acts, omissions, negligence, or breach of the direct Guest–Host contract.
The Guest acknowledges that any such claims must be directed exclusively against the Host, and that Tashi Homes’ sole role is limited to facilitating the booking and payment as described in these Terms. The Guest hereby irrevocably waives, releases, and forever discharges Tashi Homes from any claims, demands, or causes of action in connection with inadequate or defective services provided by the Host.
10.1B – Waiver of Liability for Host’s Willful Cancellation or Refusal on Arrival
The Platform (Tashi Homes) acts solely as an intermediary facilitating the booking and payment between Guests and Hosts. The Platform does not control, supervise, or guarantee the Host’s performance or availability of the accommodation.
To the maximum extent permitted by law, Tashi Homes expressly disclaims and waives any and all liability, responsibility, or obligation arising from or relating to:
- •the Host’s willful cancellation, refusal, denial of entry, or failure to honour a confirmed Booking upon the Guest’s arrival (or at any other time);
- •any cancellation, termination, or non-performance of the Booking caused by the Host’s own fault, act, omission, negligence, misconduct, or breach of the direct Guest–Host contract;
- •any resulting inconvenience, alternative accommodation costs, travel disruption, loss, damage, or expense suffered by the Guest due to the Host’s willful or fault-based cancellation or refusal.
The Guest acknowledges that the Host alone is responsible for honouring the Booking and that any such claims, losses, or remedies must be directed exclusively against the Host. The Guest’s rights against the Platform (if any) are strictly limited to the refund remedies (if applicable) set out in Section 6 of these Terms.
The Guest hereby irrevocably waives, releases, and forever discharges Tashi Homes from any claims, demands, or causes of action in connection with the Host’s willful cancellation or refusal of the Booking due to the Host’s own fault.
If a Host is unable to honour a confirmed Booking for any reason, Tashi Homes will, on a best-efforts basis: (a) attempt to find a comparable alternative Homestay at no additional cost where reasonably possible, and (b) failing that, refund the full amount paid via the Platform within the timelines in Section 6. Tashi Homes' liability in such cases is limited to the amount paid through the Platform for that Booking, as further set out in Section 10.1.
10.2
- •Hosts agree to indemnify Tashi Homes against claims arising from inaccurate Listings, regulatory non-compliance, or harm caused to Guests at the property due to the Host's negligence.
- •Guests agree to indemnify Tashi Homes and the relevant Host against claims arising from the Guest's breach of house rules, damage caused, or unlawful conduct during the stay.
- •Added from 3.7
10.3 Insurance (Recommended)
Tashi Homes may, as a value-added feature, offer or facilitate optional travel/stay insurance or a Host property-damage protection product; unless expressly stated, no such insurance is included by default, and Guests/Hosts are encouraged to maintain their own appropriate insurance.
Intellectual Property
- •The Tashi Homes name, logo, and platform design are the intellectual property of Tashi Homes and may not be used without written permission.
- •Hosts grant Tashi Homes a non-exclusive, royalty-free licence to use Listing photographs and descriptions for marketing the Platform (including social media and promotional material), which the Host warrants they own or have rights to use.
- •User-generated content (reviews, photos) may be used by Tashi Homes for promotional purposes with attribution where reasonably practicable.
Dispute Resolution, Governing Law & Jurisdiction
- •These Terms are governed by the laws of India.
- •Parties will first attempt good-faith resolution through Tashi Homes' Grievance Officer (Section 9).
- •Failing resolution within 30 days, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed mutually, seat and venue at Subject to the arbitration clause, courts at Kolkata.
- •Nothing in this clause restricts a consumer's statutory right to approach the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, which remains available regardless of the arbitration clause.
Miscellaneous / General Provisions
- •Amendments: Tashi Homes may update these policies from time to time; material changes will be notified via email/in-app notice, and continued use after the effective date constitutes acceptance.
- •Severability: if any provision is held invalid, the remainder of these Terms continues in full force.
- •Assignment: Tashi Homes may assign these Terms in connection with a merger, acquisition, or sale of assets; Users/Hosts may not assign their rights without Tashi Homes' consent.
- •Entire Agreement: these Terms, together with the specific policies referenced, constitute the entire agreement between the parties regarding Platform use.
- •Notices: official communications will be sent to the registered email/phone on file; Tashi Homes' contact details and registered address will be published on the Platform once finalised.
Effective Date: [to be inserted upon publication]
Entity Name & Registered Address: [to be inserted once Tashi Homes' registration is finalised]