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.
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.
Cancellation & Refund Policy
Tashi Homes offers tiered cancellation policies that Hosts may choose from per Listing (or per season), disclosed clearly to the Guest before Booking. A suggested default framework is set out below; the actual policy applicable to a specific Booking is the one shown at the time of booking.
6.1 Suggested Standard Tiers
Flexible
- •Full refund if cancelled 48+ hours before check-in.
- •50% refund if cancelled within 48 hours of check-in.
- •No refund for no-shows or same-day cancellation.
Moderate
- •Full refund if cancelled 7+ days before check-in.
- •50% refund if cancelled 3–7 days before check-in.
- •No refund within 72 hours of check-in.
Strict / Peak Season
- •50% refund if cancelled 14+ days before check-in.
- •No refund within 14 days of check-in — reflecting the limited inventory and high demand of peak-season North Bengal travel (e.g., Durga Puja, Diwali, and Darjeeling's Oct–Dec/Apr–May peak tourist windows).
6.2 Non-Refundable Components
The Tashi Homes Service Fee is non-refundable in cases of Guest-initiated cancellation, but is refunded in full where the Host cancels, fails to honour a Booking, or where the property is found to be materially misrepresented.
6.3 Refund Timelines
Approved refunds will be processed to the original payment method within 7–10 business days, subject to the Guest's bank/payment provider processing times.
6.4 Force Majeure Cancellations
Where a Booking cannot be honoured due to circumstances beyond either party's reasonable control — landslides, road closures, extreme weather, bandhs/strikes affecting the North Bengal hill routes, government-imposed travel restrictions, or natural disasters — Tashi Homes will facilitate a full refund or free rescheduling, regardless of the standard cancellation tier, unless the Host has already incurred non-recoverable costs which will be disclosed transparently.
6.5 Disputed Quality Issues
If a Guest reports on arrival that the property materially differs from the Listing (cleanliness, safety, or missing disclosed amenities) and this is substantiated (e.g., via photos and Host acknowledgment), Tashi Homes may facilitate a partial or full refund, relocation, or goodwill credit at its discretion, following its internal grievance process (Section 9).
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.
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]