Terms & Condtions

Hamira Lux (referred as “Hamira”), a Boutique Home Stay website, is managed by N.K Rana & Associates (referred as “NKR”). This website may also contain information relating to other websites as well as links to other websites (‘Linked Web Site’).

 

The Terms and Conditions set out below (“Conditions”) apply to your use of this website, related web sites and links to other websites (“Site”) including the use of the information & services offered on the Site. In accessing and using the Site, you shall be deemed to have read each as well as all the Conditions without any modification and with amendment, if any. Further, while accessing and using the Site you shall be deemed to have accepted the Conditions. If you do not agree, please cease use of the Site and leave the Site immediately.

 

These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site as well as the Privacy Policy of NKR in relation to the Site. You agree and undertake that NKR’s Privacy Policy in relation to the Site shall form part and parcel of the Conditions.

Information

The information available on the Site relates to a resort owned and managed by NKR at Jagatjit Nagar, Hamira, Punjab, run and operated by NKR under the name and style “Boutique Home stay” including information relating to other websites and links to other websites (‘Information’). You accept that all Information provided or available on the Site or any other material accessed through the Site including via any Linked Web Site is general information about “Boutique Home stay” or otherwise maintained by NKR and is not in the nature of advice.

 

You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site. NKR is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You shall be liable to make your own inquiries and seek independent professional advice before acting or relying on any such part of the Information or material available on the Site.

 

NKR may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such modifications without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions. NKR does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, NKR may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.

Use of Site

The services as well as Information of this Site are available only to individuals who can form legally binding contracts (including being of age of at least 18 (eighteen) years) under applicable law, and thus, are not available to minors. By using this Site, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

 

You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Site by you and anyone using your password and login information.

 

This Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from NKR has been granted. You agree that you will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

 

By using this Site, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Site in connection with your normal, non-commercial, use of the Site. The Information of the Site may be downloaded or printed by you solely for your personal use. This right to use the Information available on the Site is subject to the following restrictions:

  • the Information may not be used for any commercial purpose or public display, performance, sale or rental;
  • no copyright or other proprietary notices may be removed:
  • the Information may not be transferred to another person;
  • software may not be interfered with in any manner;
  • you will not copy, reproduce, transmit, distribute, or create derivative works of any content of the Site or Information without express written authorization from JIL or the applicable third party (if third party content is at issue);
  • every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
  • you will only use the Information for lawful purposes and in accordance with these Conditions;
  • you will abide by all applicable local, state, national, and international laws and regulations in your use of the Site (including laws regarding intellectual property);
  • you will not interfere with or disrupt the use and enjoyment of the Site by other users.

Trademarks

The Site contains “Hamira” Boutique Home stay logos, trade and service marks and devices (including the word “Hamira”) and other valuable trade or service marks exclusively owned by NKR or licensed to NKR to distinguish its offerings. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and any reproduction or use of any of the contents of this Site without the express written consent of NKR is prohibited.

 

Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos and devices:

  • In or as the whole or part of your own trade marks;
  • In connection with activities, products or services which are not undertaken or provided by “Hamira Boutique Home stay”;
  • In a manner which may be confusing, misleading or deceptive; or
  • In a manner that disparages NKR or its information, products or services (including the Site).

Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of Company or such other party that may own the trademarks.

Copyright

The copyright over the Site, including each of its modules, vest with “NKR” and/or its various third party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the Site are either owned exclusively by NKR or licensed by /to NKR and except as specifically provided in these Conditions may not be used, copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise or in any manner whatsoever, without the prior written approval of NKR.

 

Without limitation you may not, without such approval from NKR, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

Liability Disclaimer & Exclusion

You by using the Site hereby release NKR, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any user of the Site or between you and NKR.

 

You assume all responsibility and risk with respect to your use of the Site the Site is available “as is,” and “as available” basis. You understand and agrees that, to the fullest extent permitted by law, NKR disclaims all warranties, representations and endorsements, express or implied, with regard to the Site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.

 

NKR does not warrant that the use of the Site will be uninterrupted or error-free or any error will be detected or corrected. NKR does not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the Information disclosed or accessed through the Site. NKR has no duty to update or modify the Site and it is not liable for its failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall NKR or any of its respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, which you may suffer in connection with or arising out of (i) your use of the Site or any Linked Web Site; or; (ii) your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site, including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information from the Site, the use of the Site or its agreement with you concerning the Site, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if it has been advised of or should have known of the possibility of such damages.

 

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

 

Where applicable law implies any term or condition, and that law prohibits exclusion or modification of any such term or condition, then the liability of “NKR” shall include liability for any breach of such term or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:

  • If the breach related to services the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied again; and

The limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis even if NKR has been advised of the possibility of such damage.

If you are dissatisfied with the use of the Site, or any of the services offered by NKR through the Site, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.

Specific Warnings

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, corrupted data, worms, other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, “NKR” does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Web Site.

 

NKR does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

 

You must ensure that any information which you provide to NKR during your use of the Site is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of NKR or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any NKR system, data or information. In the event it is found that information provided by you to NKR contains any virus, malicious computer code, computer program or any kind of interference then NKR shall be entitled to take appropriate legal action against you without prejudice to any of its right and contention

Linked Web Sites

Link Web Sites and links provided on the Site are provided for convenience only. Those links are provided for convenience only. You acknowledge and agree that NKR does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites. Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by NKR of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Web Sites, you do so at your own risk.

Cancellation Policy

Cancellation charges will be as under: –

 

  • 50% if cancelled/ amended between 15 and 30 days in advance of the check in date
  • 100% if cancelled/ amended less than 15 days in advance of the check in date
  • In case of any cancellation the GST on the advance will have to be retained.
  • Any postponement of the booking will be treated as a cancellation of the booking

Reservations

The reservations feature of the Site is provided solely to assist customers in determining the availability of travel related services and products and to make legitimate reservations and for no other purpose.

 

You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservations.

 

You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorized by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.

 

The Site contains details of charges for stay at “Hamira Boutique Home Stay” and room rates (including any available special offers) for resorts owned or managed by NKR.

 

The terms and conditions of booking and/or reservation for “Hamira Boutique Home Stay” are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions. You agree and undertake to adhere to the payment terms of NKR stated on the Site.

 

NKR reserves the right to charge an early departure fee in the event you or any of your guest departs earlier than the original departure date.

 

NKR reserves the right to charge a late check-out fee in the event you or any of your guest does not check-out the booked room as per the standard Check-out displayed at the reception of “Hamira Boutique Home Stay”.

 

A valid Credit Card required at booking time. The credit card used at the time of booking must be presented by you or the guest checking-in together with positive identification on check-in at “Hamira Boutique Home Stay”. An imprint or swipe of the card will be taken on check-in.

 

On departure from “Hamira Boutique Home Stay”, all fees for services rendered shall be payable by you or your guest and where necessary the credit card will be debited by NKR for the fees.

 

NKR shall debit the credit card for all cancellations, no-shows or for any damages caused by you or any of your guest to “Hamira Boutique Home Stay”, howsoever arising.

 

This reservation/booking for “Hamira Boutique Home Stay” by you or any of your guest constitutes an electronic transaction and a binding agreement in terms of which you or any of your guests authorises NKR to debit the credit card as stated above and your or any of your guests written signature shall not be required for authorisation purposes.

 

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party web sites or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. No contract will subsist between you and NKR or any of its affiliates in respect of any services or products offered through the Site unless and until NKR accepts your order by e‐mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site, which shall form part and parcel of these Conditions.

 

You undertake that all details you provide to in connection with any services or products which may be offered by NKR on the Site (including room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. NKR reserves the right to obtain validation of your credit card details before providing you with any services or products.

 

Each booking at “Hamira Boutique Home Stay”, is subject to a Cancellation Policy. Failure to check in on the reserved arrival date will incur a penalty charge as detailed in the Cancellation Policy of the rate booked. NKR reserves the right to cancel or modify reservations under the circumstances where it appears that a customer has provided an invalid credit card, engaged in fraudulent or inappropriate activity, or the reservations contain or resulted from a mistake or error. In addition, NKR also reserves the right to cancel or amend bookings if they do not adhere to any term & condition including Conditions. If you or any of your guest chooses to shorten their stay or check out early, a penalty charge will apply, as detailed in the Cancellation Policy associated with the rate booked. In the cases of the aforementioned booking cancellations, Hamira Boutique Home Stay has no obligation to guarantee new available bookings or best rates. A new booking at the best available rate will need to be made by the guest at the time of the new reservation.

As a condition of using this Site, you agree to provide proof of payment to the reservations department of Hamira Boutique Home Stay within 48 hours of the time of booking and will indicate the reservation confirmation number on the proof of payment. You will be fully responsible for any banking fees and/or costs required to complete the bank funds transaction(s). Furthermore, you acknowledge that the reservation may be cancelled by NKR if proof of payment is not submitted to the NKR or Hamira Boutique Home Stay within the 48-hour notice period.

Termination Of Access

If you breach any of these Conditions your right to use or access the Site will terminate immediately without the necessity of any notice being given to you.

Otherwise access to the Site may be terminated at any time by NKR without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of NKR will nevertheless survive any such termination.

Indemnification

You agree to indemnify and hold NKR and each of its affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Site and/or any violation of these Conditions or of any law or any right of a third party. NKR reserves the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with NKR in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by NKR.

 

NKR’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Communication

With respect to all communications made to NKR on or through the Site including, without limitation, feedback, questions, comments and suggestions (the “Communications”): (a) no right of confidentiality shall apply to the Communications and NKR shall have no obligation to protect the Communications from disclosure; (b) NKR shall be free to reproduce, use, disclose and distribute the Communications to others; and (c) NKR shall be free to use any ideas, concepts, know‐how or techniques contained in the Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information.

General

NKR does not accept any liability for any failure by it to comply with any of these Conditions where such failure is due to circumstances beyond its reasonable control.

If NKR waives any right available to it under these Conditions on one occasion, this does not mean that those right will automatically be waived on any other occasion. If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.

You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.

Privacy

NKR respects the privacy of the users of this Site. Your use of the Site is subject to NKR’s Privacy Policy in relation to Site. If you would like to view the Privacy Policy please review our Privacy Policy available on the Site. By using the Site, you consent to your personal information being processed as set out in our Privacy Policy.

Force Majeure

The obligations of NKR under these Conditions of use shall be suspended during the period and to the extent that NKR or “Hamira Boutique Home Stay” is prevented or hindered from complying with meeting any of the purpose or object of the Site in any manner whatsoever including but not limited to Act of God, flood, fire, earthquake, terrorism, riots, civil disorders, court orders, strikes, lockouts or other forms of industrial action and circumstances beyond the reasonable control of NKR or that of “Hamira Boutique Home Stay” .

Amendments

NKR may periodically make changes to the contents of the Site, including to the descriptions and prices of services rendered NKR through the Site, at any time and without notice. NKR assumes no liability or responsibility for any errors or omissions in the content of the Site.

 

NKR reserves the right to amend these Conditions from time to time without notice. The revised Conditions will be posted on the Site and shall take effect from the date of such posting or as indicated by NKR. The User is advised to review these terms and conditions periodically as they are binding upon him.

 

NKR may revise/upgrade the information in this Site, or otherwise change or update the Site including these Conditions, without notice to the User. NKR may also make improvements and/or changes in services and functionalities or add new features at any time without notice. NKR encourages the User to periodically read these Conditions to see if there have been any changes to NKR’s policies that may affect the User. The User’s continued use of this Site will signify his continued agreement to these Conditions as they may be revised.

Governing Law

Shall be governed and construed by and in accordance with the laws of India.

Jurisdiction

All proceeding incidental or in relation to the Clause XVII shall be exclusively tried by or submitted to the competent Courts in New Delhi.

 

Arbitration

Any and all disputes, controversies and conflicts (“Disputes”) arising out of these Conditions between you or any of your guest and NKR or arising out of or relating to or in connection with these Conditions/ Agreement or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any amendments thereof. Prior to submitting the Disputes to arbitration, the Parties shall resolve to settle the Dispute/s through mutual negotiation and discussions. In the event that the said Dispute/s are not settled within 30 days of the arising thereof, the same shall finally be settled and determined by a Sole Arbitrator appointed by NKR through arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof. The place of arbitration shall be New Delhi and the language used in the arbitral proceedings shall be English and the Arbitration shall be conducted under the aegis of Delhi High Court Arbitration Centre (“DAC”).

 

The arbitral award shall be in writing and shall be final and binding on each Party and shall be enforceable in any court of competent jurisdiction. No Party will be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter will have been submitted to arbitration or determined as provided above, and then only for the enforcement of the arbitral award. Pending the resolution of a dispute by arbitration, the Parties will, except in the event of Termination, continue to perform all their obligations under these Conditions without prejudice to a final adjustment in accordance with the arbitral award.

Return To Site

To return to the Site, click where indicated. By doing so, you acknowledge that you read, understood and accepted these Conditions.