A legally binding agreement is created between the Users (“User(s), you, your, yourself”) and VIABLE HOSPITALITY and its unit (“ECOFNB, we, us, our”) or both. Viable Hospitality is established and existing in accordance with the laws of India. These terms shall govern the use of the website, mobile application, customer support calling centre (collectively referred to as “ECOFNB Platform”) which enables the Guests to connect with us in relation to the services offered through the ECOFNB Platform (“Services”).
1. Scope of Services
2. Eligibility criteria and User Verification
3. Modification of these terms
4. Account Registration
6. Service Fees(Commission)
7. Taxes (if applicable)
8. Terms specific for Ecostays
9. Terms specific for Guests
10. Prohibited Activities
11. Term and Termination
12. Privacy and Security
13. Third party links
14. Ratings and Reviews
15. Damage to the Accommodation
19. General Provisions
ECOFNB is an online market place that enables registered users (“Users”) and certain third parties (whether “Individual/Business Entity” offering various outdoor services defined below) who offer services (members who offer services are “ECOSTAYS” and the services they offer are “Eco Services”) to publish such Eco Services on the ECOFNB Platform and to communicate and transact directly with Guests that are seeking to book such Eco Services.
The term “ECOSTAYS” include Homestays, Agrostays, Farmstays, Organic Stays or Organic Resorts/Green Stays or any other such accommodation*.
Ecostays may include the offering of any such infrastructure or other properties for further use (“Accommodations“).
For any other such accommodation, it includes Camp sites, Guest Houses, Hostels, Eco-lodges/lodges, Jungle/tree houses, Inn, Resorts, etc.
As the provider, ECOFNB states that Ecostays alone are responsible for their eco-friendly properties and Eco Services they provide. When Users make or accept a booking, they are entering into a contract directly with the Ecostay/accommodation owners. ECOFNB is not and does not become a party to or other participant in any contractual relationship between Ecostay/accommodation owners (hereinafter referred as “Partners”) and Guests. ECOFNB is not acting as an agent in any capacity for any User, except as specified in the payment terms.
The Ecostays owns sole responsibility for rates made available on the website/application or any other such medium owned or managed by ECOFNB. ECOFNB shall not owe any responsibility with respect to the rates provided by Ecostays.
As per the reliability and nature of Internet, ECOFNB cannot guarantee the continuous and uninterrupted availability and accessibility of the ECOFNB Platform. ECOFNB may restrict the availability of the ECOFNB Platform or certain areas or features thereof, if this is necessary for maintaining the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or uninterrupted functioning of the ECOFNB Platform. ECOFNB may improve, enhance and modify the ECOFNB Platform and introduce new ECOFNB Services from time to time.
Since ECOFNB has no control over and does not commit to (i) the existence, quality, safety, suitability, or legality of any Eco Services, (ii) the truth or accuracy of any stated descriptions, Ratings, Reviews, or other User Content as uploaded by them on the website/application (iii) the performance or conduct of any User or third party.
In order to access and use the ECOFNB Platform or register an ECOFNB Account you must be an individual at least 18 years old or an existing business organization or other legal entity which is established and able to enter into legally binding contracts.
ECOFNB may make access to and use of the ECOFNB Platform, or certain areas or features of the ECOFNB Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, obtain Ratings or Reviews , or a User’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users.
The access to or use of certain areas and features of the ECOFNB Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the ECOFNB Platform. If there is a conflict between these terms and conditions applicable to a specific area or feature of the ECOFNB Platform, the latter terms and conditions will prevail, unless specified otherwise in the latter terms and conditions.
You must register an account (“ECOFNB Account“) to access and use certain features on the ECOFNB Platform. If you are registering an ECOFNB Account for a business organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an ECOFNB Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Face book or Google (“SNS Account“).
You must provide accurate, current and complete information during the registration process and keep your ECOFNB Account and public ECOFNB Account profile page information up-to-date at all times.
You may not register more than one (1) ECOFNB Account unless ECOFNB authorizes you to do so. You may not assign or otherwise transfer your ECOFNB Account to another party/User.
You are responsible for maintaining the confidentiality and security of your ECOFNB Account credentials and may not disclose your credentials to any other user. You must immediately notify ECOFNB if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your ECOFNB Account. You are liable for any and all activities conducted through your ECOFNB Account.
ECOFNB also enables the users to accept bookings or to operate through other users (who manage the original user’s ECOFNB Account), duly authorised by the user who is having a valid login ID and password at ECOFNB Platform.
ECOFNB may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content such as text, photos, audio, video, or other materials and information on or through the ECOFNB Platform (“User Content“); and (ii) access and view User Content and any content that ECOFNB itself makes available on or through the ECOFNB Platform.
The ECOFNB Platform, ECOFNB Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Indian Government. You acknowledge and agree that the ECOFNB Platform and ECOFNB Content, including all associated intellectual property rights, are the exclusive property of ECOFNB and/or its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ECOFNB Platform, ECOFNB Content or User Content.
You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit or otherwise exploit the ECOFNB Platform or User Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms.
In compliance with these Terms, ECOFNB grants you a limited, non-exclusive, revocable, non-transferable license to access and view any ECOFNB and User Content made available on or through the ECOFNB Platform and accessible to you, solely for your personal and non-commercial use.
You are solely responsible for all User Content that you make available on or through the ECOFNB Platform. Accordingly, you accept that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the ECOFNB Platform or you have all rights, licenses, consents and releases that are necessary to grant to ECOFNB the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission of the User Content or ECOFNB’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful; or (vi) violates any other ECOFNB policy.
ECOFNB may charge fees from the Registered Users/Partners/Ecostay Owners/Managers and others (“Service Fees“) in consideration for the use of the ECOFNB Platform. The applicable terms and conditions with regard to the percent of service fees will be 10% to 15% of the total amount of the accommodation booking which is charged from the accommodation owners/managers.
ECOFNB reserves the right to charge 5% of the service fees from the guests. The applicable service fees will be charged on the total amount of the accommodation booking details.
ECOFNB reserves the right to change the Service Fees at any time, and will provide registered members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to ECOFNB. The applicable Service Fees (including any applicable Taxes) are collected by ECOFNB Payments. Except as otherwise provided on the ECOFNB Platform; Service Fees are non-refundable.
ECOFNB is held liable to pay to the Registered Partners/Ecostay Owners/Managers; the booking amount after deducting the applicable service fees on monthly basis (preferably at the end of every month).
In pursuant to this Agreement, each party with respect to the services furnished in its individual capacity, would be solely responsible for the compliance of all applicable laws including but not limited to legislations regarding the Goods and Services Tax (GST), central, state or local levies regarding tax payments, duties, cess, charges and levies etc. Hence, the tax collected as part of the room charges by ECOFNB should be remitted in account of the Ecostay owners and it shall be their sole responsibility to deposit same to the concerned authority as per the applicable law. Further, ECOFNB should not be held liable to deposit such amount until unless mandated by law. In cases, where law binds ECOFNB to deposit tax, the Ecostay owners are not eligible to collect any GST from the customers through ECOFNB. Further, ECOFNB shall deduct/collect/ withhold any tax to be levied as per the applicable tax laws. In this manner as may be prescribed, from the amount payable to the Ecostay (i.e. the amount collected from the customer and to be remitted to the Ecostay) and shall furnish appropriate documentation for the same.
As per the agreement, all payments related to service fees made by the Ecostay to ECOFNB would be subject to withholding tax as per law applicable on the date of payment. The tax withholding party would be responsible for furnishing appropriate proof, certificate, documents etc. to enable the other Party claim its benefits.
All the Parties would be responsible for their respective tax assessments, audits, enquiries etc. and would keep the other Party indemnified from any additional tax demand, if required from such action.
The Ecostays undertakes responsibility to provide ECOFNB all necessary documents, as required by law from time to time, proving the Ecostay’s compliance with the applicable tax laws as per this Agreement which includes its obligations to fulfill the necessary tax obligations and submit it with the authorities. Any interest, penalties or recoveries raised by any authority to ECOFNB on account of default done by the Ecostay will be solely borne by the Ecostay on its own account,
As per the applicable tax laws, the Ecostays authorizes ECOFNB to collect tax from the customers/guests on its behalf at the time of booking and remit it in Ecostay account for depositing the same with the government.
1. Stay’s specific policies and amenities are available on the website/application. Ecostay owners and Guests are advised to refer the same while booking.
2. In case of heavy electricity shortages or power cuts; Ecostays, Resorts, Homestays, Agrostays, Farmstays or any other such accommodation must have Solar Panels, Solar Geysers, Generators or Inverters, etc. However, it is only advisory to have such solar equipments on the part of ECOFNB.
3. Accommodations in remote locations may not have Wi-Fi connectivity due to unavailability of network in those regions. We recommend you (our Ecostay Owners) to install a good Wi-Fi connection to provide better internet access to your guests.
4. In some Ecostays, due to local conditions, unmarried/unrelated couples may not be allowed to check-in. Accommodation can be denied to guests posing as a couple if suitable proof of identification is not presented at the time of check-in. No refund would be applicable in case the Ecostay denies check-in under such circumstances.
5. The Ecostay pictures/information on the website/application, including amenities or facilities are provided by the concerned Ecostays. This information is for reference purpose only. For any discrepancy that exists between the website/application pictures and actual settings, ECOFNB is not liable and responsible.
6. Some Ecostays may deny entry of visitors to rooms. It is the Guest’s duty to kindly confirm with the accommodation manager before inviting visitors into the rooms.
7. All necessary and applicable taxes may be charged by ECOFNB and the same should be remitted to the account of the Ecostay owner which shall be furnished to the concerned authority as per the applicable law.
8. When accepting a booking through the ECOFNB Platform you must (i) provide complete and accurate information about your stay’s Service (such as property description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house/stay’s rules) and (iii) provide any other pertinent information requested by ECOFNB. You are responsible for keeping your booking information up-to-date at all times.
9. You are solely responsible for setting a price (including any Taxes, if applicable) for your Booking subject to approval of ECOFNB. Once a Guest requests a booking of your property, you may not request that the Guest pays a higher price than in the booking request.
10. Any terms and conditions included in your Booking, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Booking.
11. Pictures, animations or videos (collectively, “Images“) used in your Bookings must accurately reflect the quality and condition of your accommodation services. ECOFNB reserves the right to require that Bookings have a minimum number of Images of a certain format, size and resolution.
12. The placement and ranking of Bookings in search results on the ECOFNB Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, accommodation/Stay’s requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Stay’s Service, and/or ease of booking.
Users availing Services via the ECOFNB Platform (hereinafter referred to as “Guests”) shall be governed by the following terms and conditions:
Subject to meeting any requirements set by ECOFNB and/or the accommodation, you can book a room on the ECOFNB Platform by following the respective booking process. All applicable fees, including the Service Fee and any applicable Taxes with the booking amount (collectively known as the “Total Amount”) will be presented to you prior to your booking. You agree to pay the Total Amount for any booking requested in connection with your ECOFNB Account.
Upon receipt of a booking confirmation from ECOFNB, a legally binding agreement is formed between you and your concerned accommodation owner (Ecostay), subject to any additional terms and conditions of the accommodation/Ecostay that apply, including in particular the applicable cancellation policy and any rules and restrictions specified therein. ECOFNB Payments will collect the Total Amount at the time of the booking request or as the case may be.
You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Ecostay owner to enter, occupy and use the Accommodation for the duration of your stay, during which time the Ecostay owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Ecostay owner.
You agree to leave the Accommodation no later than the checkout time that the Ecostay specifies in the booking or such other time as mutually agreed upon between you and the Ecostay owner. If you stay past the agreed upon checkout time without the Ecostay owner’s consent (“Late Check-Out”), you no longer have a license to stay in the Accommodation and the Ecostay owner is entitled to make you leave in a manner consistent with applicable law. You can check our Guest Policies to know the further details.
The process of booking Services from this ECOFNB Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to ECOFNB:
The User agrees and acknowledges that in the ECOFNB Platform all Services are offered only at the sole discretion of ECOFNB.
You hereby agree and understand that you will have to pay the service fee as mentioned on the ECOFNB Platform for the concerned Services via the payment mode provided on the ECOFNB Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, ECOFNB will debit the service fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
ECOFNB uses third party payment providers to receive payments from User. ECOFNB is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. ECOFNB takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
User making payments for Services provided via the ECOFNB Platform would be making payments to Viable Hospitality (or ECOFNB; a unit of Viable Hospitality).
By using the ECOFNB Platform you hereby acknowledge and agree that ECOFNB is not a hotel/Ecostay owner/ and has no control over the conduct or behaviour of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. ECOFNB disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. ECOFNB and its employees shall NOT be responsible for any loss, theft or damage to the Guests’ personal valuables and belongings.
In the event, the payment gateway providers require your personal information to be shared with them to complete the payment transaction, You hereby consent and authorise ECOFNB to share such information with them, which sharing will in no way be considered by You as a breach of your personal data privacy. Further, if you fail to share your e-mail address, either with ECOFNB or with the payment gateway provider, you hereby authorise ECOFNB and the payment gateway provider to use non-personal stock email addresses in order to complete the payment transaction without any liability to you or those claiming through You.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to the ECOFNB Platform. In connection with your use of the ECOFNB Platform, you will not and will not assist or enable others to:
In case you wish to discontinue you can at any point opt out of your registered membership of the ECOFNB Platform by giving a 30 day prior notice at the firstname.lastname@example.org ECOFNB deserves the right to unilaterally terminate your use of the ECOFNB Platform without notice or any liability for reasons of breach of the terms mentioned herein.
This ECOFNB Platform may at our sole discretion, contain links to ECOFNB Platforms owned and maintained by persons or entities other than ECOFNB. ECOFNB may also provide links to the other sites for purpose of enabling the Customer to make payment to ECOFNB. Any of the foregoing links do not constitute an endorsement by ECOFNB of any such sites and are provided only as a convenience. ECOFNB is not responsible for the content or links displayed on such sites. ECOFNB is not responsible for the privacy practices of such sites which ECOFNB does not own, manage or control. ECOFNB does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this ECOFNB Platform may be linked and ECOFNB shall not be responsible for any deficiency thereof. ECOFNB does not endorse any or all of the materials, Services, and services available on such linked sites, and ECOFNB expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
Within a certain timeframe and after staying with any of the ECOFNB’s accommodations; Guests and Ecostay’s owner can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual person and do not reflect the opinion of ECOFNB. Ratings and Reviews are not verified by ECOFNB for accuracy and may be incorrect or misleading.
Ratings and Reviews by Guests and Ecostay’s owner must be accurate and may not contain any offensive or defamatory language.
All associated Ecostays as mentioned above are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Ecostay.
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Ecostay Owner/Manager.
In case of any complaint received from either of the party i.e. the guest or the Ecostay Owner/Manager, notice of the same must be given to ECOFNB within 24 hours of check-in time or as early as possible after the guest check-in.
If any dispute arises between you (USER) and ECOFNB during your service of this Website/application or thereafter in connection with and arising from your use or attempt to use this website/application, the dispute shall be referred to arbitration. Both parties shall agree to a sole arbitrator. The place of arbitration shall be Nainital, Uttarakhand. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
However, as per the circumstances ECOFNB reserves the right to mediate in case the dispute is between the Guests and/or ecostay owners, and take necessary actions to resolve the dispute before referring the matter to sole arbitrator.
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Nainital, Uttarakhand, India.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold ECOFNB ,including but not limited to, ECOFNB Payments, and their founders and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or Policies, (ii) your improper use of the ECOFNB Platform or any ECOFNB Services, (iii) your interaction with any User, stay at an Accommodation, including without limitation any injuries, losses or damages of any kind, or (iv) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the ECOFNB Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact us” section of the ECOFNB Platform, or by other means of communication (via email, sms). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, irrevocable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between ECOFNB and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between ECOFNB and you in relation to the access to and use of the ECOFNB Platform.
No joint venture, partnership, employment, or agency relationship exists between you and ECOFNB as a result of this Agreement or your use of the ECOFNB Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
ECOFNB’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. If you have any questions about these Terms please email us at email@example.com.