Homestay.com

The terms and conditions set out below (“Terms of Use”) is a legal document which governs the use of hotels.intermiles.com (“Platform”) and any sites or pages redirected from this Platform. The Platform is owned and operated by Jet Privilege Private Limited (“JPPL”), a company incorporated under the Companies Act 1956, and having its registered office at Jet Privilege Private Limited., Unit No – 2, Second Floor, A-Wing, Time Square, Andheri Kurla Road, Opp. Mittal Estate, Andheri (E), Mumbai – 400059 Maharashtra India and access to our Platform or any mobile or tablet application is offered to you conditioned upon your acceptance without modification of all the Terms of Use set forth below.

These Terms of Use shall apply to the relationship between you (being a User (defined hereinafter) of this Platform, and terms such as ‘you’ and ‘your(s)’ shall be construed accordingly) and JPPL. These Terms of Use are effective as on the date of their publication and may be changed / modified by JPPL at any time without any prior notice.

• DEFINITIONS

  For the purpose of these Terms of Use, unless the context specifies otherwise, the following terms shall have the meanings defined as under:

  1. “Affiliate Partner(s)” means the third party entity(ies) which has/ have partnered with JPPL for (a) providing or for offering for sale to the Users (including Members), the Products and/or the Services on its respective platform; (b) providing reviews and/or ratings content.
  2. “Hotel(s)” means any form of accommodation or lodging including, but not limited to, hotels, motels, guest houses, bed & breakfasts, hostels, villa’s, apartments (serviced or otherwise), lodges, inn, guest accommodation, resort, and any other (type of) accommodation or lodging provider.
  3. “InterMiles Member Account” means the membership account of the Member which contains details of Member’s transaction through InterMiles.
  4. “InterMiles” or “InterMiles Programme” means the loyalty and rewards programme owned, managed and operated by JPPL offering benefits, facilities or arrangements to Members by reason of their membership into the programme.
  5. “InterMiles Membership Number” means the membership number granted to the Member in pursuance of the InterMiles Programme.
  6. “InterMiles” means the reward currency owned and managed by Jet Privilege Private Limited.
  7. “Materialised Booking” means a paid and confirmed booking made by a User who, through the Platform, has made a booking for a Hotel on an Affiliate Partner’s website or platform, and which booking has resulted in actual provision of stay, as confirmed by the concerned Affiliate Partner to JPPL.
  8. “Member” means a member of the InterMiles Programme.
  9. “Partner InterMiles” means the InterMiles accumulated by a Member into his InterMiles account upon purchase of Products and/or Services and separately appearing on a statement issued by JPPL to its Members.
  10. “Products” and/or “Services” means the products and/or services offered by the Affiliate Partner which are listed on the Platform and includes booking of Hotels.
  11. “Third Party” means any person other than you and JPPL.
  12. “User” means any person who visits, accesses or uses the Platform.
• ACCEPTANCE
  1. You agree that JPPL does not sell Products or provide Services. The Platform is a Hotel search engine that provides Users with price comparisons for Hotels. JPPL does not provide, own or control any of the Products or Services. The Products and Services are owned, controlled or made available by Affiliate Partner, either directly (e.g., a hotel) or through the owner/ operator of the Hotels or through a facilitator of Hotel reservations (e.g., an online travel company).
  2. The booking of a Product or Service takes place solely on the platforms of the Affiliate Partner. The Affiliate Partner’s terms and privacy policies apply to your bookings, so you must agree to, and understand those terms. Further, the terms of the Hotels where you plan to stay, if different from the Affiliate Partner, will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Affiliate Partner accessed through our Platform is at your own risk, and JPPL does not have any responsibility should anything go wrong with your booking. You agree that JPPL has no control over the Products or Services or Affiliate Partners.
  3. Platform hosts content, including prices, images, logos, designs, graphics, trade names, links and other information and data, made available by or obtained from Affiliate Partners (“Provider Content”), as well as content provided by Users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). JPPL is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and JPPL has no influence over the Content. In particular, JPPL does not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real time or that a particular Product or Service will be available. As a result, the price displayed by an Affiliate Partner may not correspond to that displayed on Platform. Hotel ratings displayed on this Platform are intended as only general guidelines, and JPPL does not guarantee the accuracy of the ratings or of any User Content.
  4. By visiting, accessing, proceeding to and using the Platform or any platform of the Affiliate Partner, you hereby certify that:
     1. You are competent to enter into a legally binding and enforceable contract and have the authority to enter into the same under applicable law;
     2. You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein
     3. You will use this Platform for only legitimate Hotel deals;
     4. You will inform such other persons about the Terms of Use that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
     5. All information supplied by you to our Platform is true, accurate, current and complete; and
     6. If you have InterMiles Member Account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
  5. By visiting, accessing, proceeding to or using this Platform or any Affiliate Partner’s website or platform, you are deemed to have executed this document electronically effective on the date of such action. Such action constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Use, and any amendments hereto.
  6. We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
  7. All bookings made through the Affiliate Partner’s website or platform are agreements between the Affiliate Partner and the User. JPPL shall not bear any responsibility for the making of bookings or for the compliance by the Affiliate Partner or the owner / operator of a Hotels with the terms of any booking made through the Affiliate Partner’s website or platform
• SCOPE OF SERVICES
  1. This Platform can be used by any User eligible under applicable laws and in accordance with these Terms of Use. This Platform redirects you to the respective Affiliate Partner platform, and the booking of a Product or Service takes place solely on the platform of the Affiliate Partner. The Affiliate Partner’s terms and conditions and privacy policies apply to such bookings including any modification of such bookings and refund of amount paid.
  2. All transactions for Products and/or Services entered into by you shall be with the Affiliate Partner. JPPL shall not be involved, whether as a party or otherwise, in such transactions. JPPL has no control over the Products and/or Services, or the Affiliate Partners.
  3. JPPL merely redirects you to the Affiliate Partner’s Platform and is free from any liability or such other legal obligations attached to booking of Products or Services by you on the platform of Affiliate Partner.
  4. JPPL seeks to provide a User, who is a Member, an opportunity to earn Partner InterMiles on making purchases or availing services from Affiliate Partner whose Products and/or Services are listed on this Platform. JPPL’s role shall be limited to crediting accumulated Partner InterMiles to the InterMiles Member Account as and when communicated to JPPL by the Affiliate Partner.
  5. JPPL’s role shall not extend to and, in any case, JPPL shall not bear responsibility of any kind in respect of the following activities:
     1. Provide any online payment gateway or such other facilities, through itself or its service providers, for collection, processing, facilitation and remission of payment to Affiliate Partner for Products and/or Services.
     2. Undertake any guarantee that the Affiliate Partner or an owner/ operator of any Hotel will perform any transaction concluded on its platform without breach of any terms thereof.
     3. Mediate, resolve or arbitrate any dispute or disagreement between you and Affiliate Partner, or you and any owner and/or operator of any Hotel, as regards the transaction.
  6. The Products and/or Services presented on the Platform are displayed in Indian Rupees (INR or Rs. or ₹) which is the default currency for the Platform. On being redirected to an Affiliate Partner’s platform the currency displayed will be in accordance with and governed by the terms and conditions of such Affiliate Partner platform. Further, currency conversion (if any) and payment will be governed by terms and conditions of such Affiliate Partner platform and JPPL shall have no role in the same
• ELIGIBILITY TO USE
  1. The services offered on this Platform or any pages thereof can be availed only by such Users who are competent to enter into a legally binding and enforceable contract and have the authority to enter into the same. JPPL reserves the right to refuse access to use the products or services offered on the Platform to users at any time for inspection, investigation and prevention of fraudulent activities or for such other reasons it may deem fit.
  2. The content and information on our Platform (including, but not limited to, price and availability of Products and Services) as well as the infrastructure used to provide such content and information, is proprietary to us or our Affiliate Partners or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for hotel reservations booked through our Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform.
• MODE OF ACCESS
  1. You shall be redirected to the Affiliate Partner’s platform upon clicking on:
     • Any logos or brand names posted by the Affiliate Partner on the Platform; or
     • Any listing of Products or Service posted by the Affiliate Partner on the Platform
  2. You may proceed through either of the following channels:
     1. Member Login

        You may login by entering your InterMiles Number and such other credentials as sought in the respective fields. Even though you are not initially logged in to your InterMiles Member Account, you may avail of another chance to login by entering your InterMiles Number and such other credentials when prompted by a pop-up before being redirected to the Affiliate Partner’s platform. It is the sole responsibility of Members to ensure that they login with their correct InterMiles Number. Any disputes surrounding a credit of Partner InterMiles to incorrectly mentioned InterMiles Number shall not be entertained by JPPL.

     2. Guest User

        You are also permitted to continue as a guest user without entering any InterMiles Number. In this event, you shall not earn any Partner InterMiles upon transacting on the Affiliate Partner’s Platform. For bookings made as a guest user, JPPL shall not entertain any request for retro credit of Partner InterMiles by the Members.

• EARNING PARTNER INTERMILES
  1. Determination of Maximum Partner InterMiles
     1. JPPL shall determine, from time to time at its discretion, those transactions which are eligible for credit of Partner InterMiles and the maximum number of such Partner InterMiles which the Member shall earn upon completion of the transaction.
     2. The above particulars shall be clearly displayed on this Platform or page wherefrom you shall be redirected to the Affiliate Partner’s platform.
     3. Notwithstanding anything in above clauses (a) and (b), it is clarified that the indicated number of Partner InterMiles provides for a maximum cap and that you shall not be entitled to the full number. The actual Partner InterMiles earned by you may be lesser than the indicated number, depending on the net amount paid by way of the transaction with the Affiliate Partner. The number of Partner InterMiles that you earn may also vary due to any change in policy by the Affiliate Partner over which JPPL has no control.
     4. Partner InterMiles shall be awarded only for Materialised Bookings. In the event any modification is made to any booking by the Member, whether on the Affiliate Partner’s website or platform, or at the time of actual stay at the Hotel, such modification will be taken into account by JPPL only if such modification has been verified and confirmed by the Affiliate Partner to JPPL.
  2. Credit of Partner InterMiles
     1. You shall earn Partner InterMiles only on genuine Materialised Bookings which are successfully tracked and verified by the Affiliate Partners. To ensure a successful credit of Partner InterMiles, you should perform the following activities:
        1. You should clear your browsers cookies/cache before logging into your InterMiles Member Account;
        2. You should enable Cookies in your browser settings;
        3. You should ensure that you are not using incognito or private browsing mode; and
        4. You should not open any other coupon or price comparison sites in the same browser after being redirected from this Platform to the Affiliate Partner’s platform.
     2. JPPL shall update the details regarding the amount of Partner InterMiles earned by way of the transaction within 7 days from completion of stay for the Materialised Booking. You may view such details in the Pending Activities section within Activity Details of your InterMiles Member Account.
     3. JPPL shall credit any earned Partner InterMiles to the respective InterMiles Member Account, upon being intimated by the Affiliate Partner of the event of a genuine transaction. The credit shall take effect within a period of 90 days from the date of completion of stay for the Materialised Booking with the Affiliate Partner.
     4. Any transaction deemed as non-genuine or invalid by the Affiliate Partner shall not qualify for credit of Partner InterMiles. The transaction may be deemed as non-genuine or invalid for any reasons, including but not limited, to the following:
        1. You did not complete the transaction on the Affiliate Partner’s platform;
        2. You cancelled the transaction, modified the terms thereof or performed an activity (i.e. fully/partially did not avail the Service or Product) which had the effect of altering the terms of the transaction;
        3. You did not clear your cookies before you completed your transaction because of which you ultimately get redirected to the Affiliate Partner platform from a site operated by a Third Party;
        4. You did not comply with these Terms of Use or such terms and conditions stipulated by the Affiliate Partner for transacting on its platform; or
        5. You used a coupon, gift voucher, gift card, gift certificate, store credit or a similar prepaid instrument to complete the transaction.
     5. In case a transaction is subsequently discovered to be non-genuine or is otherwise cancelled, the Partner InterMiles credited to the InterMiles Member Account as a result of such transaction shall be deducted from the accrued balance in the InterMiles Member Account.
     6. In case you made a genuine transaction, after ensuring strict compliance with the conditions prescribed in Clause 6.2 (a), and still has not received the corresponding credit of Partner InterMiles, you may make a claim by contacting JPPL and adducing sufficient proof of the same. JPPL shall use reasonable efforts on its part to recover such Partner InterMiles.
     7. InterMiles will be rounded down to the nearest value. Those members who are eligible for 1 InterMile or more will be credited the same.
  3. Calculation of Partner InterMiles shall be based solely on the amount received from a Member as base price of the Hotel room(s) (exclusive of all taxes, charges and fees). Any amount paid by the Member other than the base price for the Hotel room (such as any payments for food, or other products or services availed by you) shall be excluded for the calculation of the Partner InterMiles to be awarded.
  4. InterMiles accumulated under this offer will be governed by terms and conditions of InterMiles programme.
• INTELLECTUAL PROPERTY & COPYRIGHT

  All copyrights, trademarks and intellectual property rights pertaining to the Platform and pages thereof, their contents and their arrangement, are owned by JPPL, unless otherwise indicated. No one may copy, reproduce or distribute any part of this site or any page thereof with or without modification or any data contained within the Platform without prior written consent of JPPL. You shall not commercially exploit the identity, logo or services of JPPL. JPPL reserves the right to seek injunctive and other similar remedies before the appropriate forum or court of law to prevent any such instances of infringement.

• THIRD PARTY CONTENT
  1. All kinds of text, graphics, trademarks, brands, logos, product listings, hyperlinks and specifications and such other advertisements related to the Products and Services offered by Affiliate Partners as well as other data from external sources are made available on this Platform (“Third Party Content”).
  2. Such Third Party Content is provided on an ‘as is’ basis without warranty of any kind. JPPL does not own / have the rights and title to any such Third Party Content, or provide any guarantee or warranty with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content and shall not be held liable for any loss suffered by you based on his reliance on or use of such Third Party Content. The Affiliate Partners are independent from JPPL and are not agents or employees of JPPL. JPPL is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Affiliate Partner or any Hotel owner or operator, including for injuries, death, property damage, or other damages or expenses resulting therefrom. JPPL will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control.
  3. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
  4. JPPL shall never be and cannot be held to be party to a booking at any time, and the sole role of JPPL is to provide the price comparison services and crediting of Partner InterMiles to eligible Members as per this Terms of Use.
  5. JPPL shall not be responsible for verifying any information uploaded on the Platform as provided by an Affiliate Partner, User or otherwise or performing any background checks relating to said persons and JPPL makes no endorsement of the said persons or information relating to them and disclaims all liability in this regard.
• USE OF INFORMATION AND MATERIALS

  The information and materials contained in the Platform and pages thereof, and the terms, conditions, and descriptions that appear, are subject to change without prior notification. Not all Products and Services are available in all geographic areas. Your eligibility for particular Products and Services is subject to final determination and acceptance by Affiliate Partners and is subject to applicable laws.

• NO WARRANTY
  1. JPPL does not and shall not make any warranty or representation as regards the following:
     1. Accuracy, adequacy or completeness of the information and materials displayed on this Platform or any pages redirected from this Platform. JPPL expressly disclaims liability for errors or omissions in this information and materials; and
     2. Specifics (including but not limited to quality, value, saleability, non-infringement of third-party rights, title, merchantability and fitness for a particular purpose) of the Hotels or Products and/or Services offered by Affiliate Partners.
     3. Timely and satisfactory performance of the contract of sale entered into between you and Affiliate Partners.
• UNAUTHORIZED USE OF PLATFORM
  1. The following instances shall amount to unauthorised use of Platform:
     1. Making or attempting to make any transaction with any Affiliate Partner by providing incorrect or false information with a view to fraudulently earn Partner InterMiles;
     2. Posting of or uploading content which infringes any patent, trademark, copyright or other proprietary rights;
     3. Posting of or uploading content which contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
     4. Posting of or uploading content which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
     5. Engaging in tampering of the Platform including modification of URLs, distributing unauthorised URLs, email cloaking, running automated scripts or pages being spidered and such other activity that interferes with or disrupts access to the Platform or the services performed through it; and
     6. Undertaking such other activity in violation of these Terms of Use.
  2. In the event of such unauthorised use, JPPL reserves the right to revoke, suspend or terminate your InterMiles Member Account and forfeit any InterMiles or Partner InterMiles that have accrued in your account. You agree and acknowledge that JPPL shall further not be held liable for any loss or liabilities incurred by you or any Third Party as a consequence of such unauthorized use.
• INDEMNIFICATION

  You shall indemnify and hold harmless JPPL, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any Third Party or penalty imposed in relation to or connection with the following events:

  1. Any breach of these Terms of Use, Privacy Policy and such other Policies;
  2. Any incidents arising out of, or in connection with the use of this Platform; and
  3. Infringement and any other kinds of misuse of rights of a Third Party, including any intellectual property rights.
• DISCLAIMER OF LIABILITY
  1. In no event shall JPPL be held liable for any damages, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the use of this Platform or any pages redirected from this Platform.
  2. Without prejudice to the generality of the above disclaimer, JPPL shall not be held liable in respect of occurrence of the following events:
     1. Delay or inability to use this Platform or related pages or the provision of or failure to provide any information, software, products, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise;
     2. Any deficiency in Products or Services offered by the Affiliate Partner or the owner or operator of the hotels, rooms or other accommodations.
     3. Non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond JPPL’s control;
     4. Any damage to your computer systems or loss of data that results from the download of such material or data; and
     5. Any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
  3. The Products and Services provided through the Platform are subject to the applicable rules and regulations as may be in force in the respective jurisdictions/ state and JPPL shall not be liable for any loss or damage whatsoever that may be suffered or for any personal injury that may be suffered by any person, directly or indirectly, by use or non-use of Products and/or Services under this Platform.
• PRIVACY POLICY
  1. JPPL may collect certain personal data and information in the course of providing services to you. The storage, use, disclosure and sharing of such personal information shall be governed by JPPL's privacy policy, which is available at www.intermiles.com (“Privacy Policy”).
  2. This Privacy Policy forms a part of these Terms of Use, and by agreeing to the same you shall be deemed to have given us consent to handle your information as per the terms of such policy.
  3. If you have objections to the terms of the Privacy Policy, you may not avail of services provided by this Platform or pages thereof.
• MODIFICATION
  1. JPPL may, at any time, make any change, add to or modify these Terms of Use without giving notice to you.
  2. In the event JPPL makes any changes to these Terms of Use, you will be taken to have received notice upon JPPL posting details of such changes in InterMiles site
• CHOICE OF LAW & JURISDICTION

  These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. You shall submit all disputes arising out of or in relation to these Terms of Use to the exclusive jurisdiction of the courts in Mumbai, India.

• MISCELLANEOUS
  1. Entire Terms of Use
     1. These Terms of Use, together with any other legal notices or additional policies published by JPPL on the Platform, shall constitute the entire agreement between you and JPPL.
     2. These Terms of Use shall not preclude the applicability of any other terms and conditions which shall govern your relationship with: (a) the Affiliate Partners in relation to the use of the latter’s site, and (b) Hotel owners and operators.
  2. Assignment

     JPPL shall have the right to assign its rights, obligations and licenses under these Terms of Use to any other person or entity, at its own sole discretion. You shall however not be entitled to assign your rights, obligations or licenses granted to you under these Terms of Use without the prior written consent of JPPL.

  3. Communication

     All notices to JPPL intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address: Jet Privilege Private Limited., Unit No – 2, Second Floor, A-Wing, Time Square, Andheri Kurla Road, Opp. Mittal Estate, Andheri (E), Mumbai – 400059 Maharashtra India; or (c) in writing via email to “memberservices@intermiles.com”. All such notices are deemed effective upon receipt by JPPL.

  4. Severability

     If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder shall continue in full force and effect. JPPL may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with such amended Terms of Use.

  5. Waiver

     Any failure or delay by JPPL to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver of that provision or right. Any waiver by JPPL shall only be made in writing and executed by a duly authorized officer of JPPL.

  6. Grievance Officer
     1. In pursuance of the Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of JPPL for the purpose of the services rendered under these Terms of Use shall be with email address: grievance.officer@intermiles.com.
     2. JPPL may modify the aforesaid details from time to time in accordance with the provisions of Clause 15.