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.
Privacy Policy
This Privacy Policy is drafted with reference to the Digital Personal Data Protection Act, 2023 (DPDP Act) and the IT (Reasonable Security Practices) Rules, 2011, pending full notification of DPDP Rules.
8.1 Data We Collect
- •Identity data: name, government ID (where required for check-in/FRRO compliance), date of birth, gender.
- •Contact data: phone number, email, address.
- •Transaction data: booking history, payment status (not full card/UPI credentials, which are handled by our payment gateway partner).
- •Device/usage data: IP address, device identifiers, app usage analytics, location (if permitted) for showing nearby Homestays.
- •Content data: reviews, support chat messages, photographs uploaded by Hosts.
8.2 Purpose of Processing
- •To create and manage accounts, process Bookings and payments, and communicate booking confirmations/updates.
- •To comply with legal obligations, including local guest-registration and law-enforcement requirements applicable to tourist accommodation.
- •To improve the Platform, prevent fraud, and provide customer support.
- •With consent, for marketing communications about offers and new Homestays (Guests may opt out at any time).
8.3 Sharing of Data
- •With the relevant Host, limited to what is necessary to fulfil a Booking (name, contact number, ID details where legally required, stay dates).
- •With payment gateway and banking partners, strictly for transaction processing.
- •With government/law-enforcement authorities where legally mandated (e.g., guest registration requirements, lawful requests).
- •Tashi Homes does not sell personal data to third parties for their independent marketing use.
8.4 Data Retention
Personal data is retained for as long as the account is active and for a reasonable period thereafter to meet legal, accounting, and dispute-resolution requirements, after which it is deleted or anonymised.
8.5 User Rights
- •Right to access and obtain a copy of personal data held about them.
- •Right to correction of inaccurate or incomplete data.
- •Right to withdraw consent for optional processing (e.g., marketing) at any time.
- •Right to grievance redressal through the Data Grievance Officer / Grievance Officer described in Section 9.
8.6 Cookies
The Platform uses cookies and similar technologies for session management, analytics, and (with consent) personalised recommendations. Users can manage cookie preferences through their browser or app settings.
8.7 Data Security
Tashi Homes implements reasonable technical and organisational security measures — encryption in transit, access controls, and restricted internal access — to protect personal data, consistent with the IT (Reasonable Security Practices) Rules, 2011.
Intermediary Status & Grievance Redressal Mechanism
9.1 Safe Harbour under the IT Act
Tashi Homes is an intermediary under Section 79 of the Information Technology Act, 2000, and complies with the due-diligence requirements of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including publishing these Terms, acting on user complaints, and cooperating with lawful government/court orders for content takedown or information disclosure.
9.2 Grievance Officer
In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the IT Rules, 2021, Tashi Homes will appoint a Grievance Officer whose name, designation, and contact details (email and phone) will be published on the Platform. Complaints will be:
- •acknowledged within 48 hours of receipt;
- •resolved within one month from the date of receipt, as required under the E-Commerce Rules;
- •escalated internally where the initial resolution is unsatisfactory to the complainant.
9.3 Nodal Officer / Contact for Law Enforcement
Tashi Homes will additionally designate a Nodal Contact Person for coordination with law enforcement agencies as required under the IT Rules, 2021.
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]