TERMS OF SERVICE

1. INTRODUCTION

This is a binding legal agreement (“Agreement”). Please read the Terms of Service carefully before using this website. These terms and conditions (“Terms and Conditions”) govern your use of this website thira.co (“Website”). In these Terms and Conditions, Thira Hospitality Private Limited, a corporation constituted under the laws of India is referred to as the “Company”, “us,” or “we.”

By using, viewing, transmitting, caching, storing, and/or otherwise utilizing the Website, the services or functions offered in or by the Website and/or the contents of the Website, you have agreed to all of the terms and conditions set forth below. Use of the Company’s Website and Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

These Terms of Services were last updated on November 20, 2020. It is effective between Thira Hospitality Private Limited and you as of the date you accept these Terms of Service.

These terms of use refer to the following additional terms, which also apply to your use of our Services:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our website.

Information About Us –
Thira Hospitality Private Limited offers accommodations (including Hotels, Hostels, and Guest Houses), Travel Experiences, Wellness Programs, Merchandise and information through the Journal section on their Website. The company regularly partner with selected individuals and companies in offering the above products and services, collectively the “Services”.

The company is registered and headquartered in New Delhi, India.

2. ELIGIBILITY

You represent and warrant to Company that you are of legal age to form a binding contract. If you are under age 16, you may not, under any circumstances or for any reason, use the Services or make a booking. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. However, if we find that you are under 16 years of age on your arrival at any of our Accommodation, or to attend an Experience, your access to the Service shall be revoked unless you are accompanied by an adult. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions

3. USE OF THIS WEBSITE

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms of Use.

You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.

If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.

4. BOOKING

You can only make a booking if you are 16 years old or over. You will be permitted to proceed to stay only if you are accompanied by an adult. When you book with us, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like taxes and foreign exchange fees, and any other items identified during checkout (collectively, “Total Price”).

You cannot transfer or resell your booking (in whole or in part). If you transfer or resell (or attempt to transfer or resell) then the Company will terminate your booking and retain the amount paid to us for that booking. You may make a booking on someone else’s behalf. You are responsible for ensuring that any customer in your booking complies with these terms as if that customer had made the booking.

You must ensure that the name on a booking is correct at the time of booking. This cannot be changed after making the booking. If you book four or more rooms for the same night, we shall infer this as a Group Booking. If you make a Group Booking you will be subject to special terms regarding amending and canceling Group Bookings.

INFORMATION-CHECK-IN

VERIFICATION –

You must be at least 18 years of age to Check-In. In the interests of security and to prevent fraud, you are required to confirm your identity by providing a valid government-issued photo identification at Check-In.

A valid government-issued photo identification —

In the case of Indian National:

  • Aadhar Card
  • Voter ID Card
  • Driving License
  • Passport

In the case of Foreign National:

  • Passport

We DO NOT accept the following as photo identification —

  • School, College, or University ID Card
  • PAN Card

CHECK-IN TIME: 2 pm

INFORMATION-CHECK-OUT

Check-out time is 11 am. Please check-out with the Front Desk so that housekeeping may begin cleaning your room as soon as possible. If you require a later check-out, please contact the Desk prior to the morning of your departure and we will do our best to accommodate your request. A charge may apply for late check-out.

CHECK-OUT TIME: 11 am

EARLY CHECK-IN / PRE-REGISTRATION

Early check-in is offered based on availability. If you require a guaranteed check-in for arrival prior to 2 pm, then pre-registration and payment may be required. Please contact Desk staff directly to make reservations requiring early check-in.

5. PAYMENT TERMS

We accept payments for our services including booking a stay at Thira’ accommodation or our partner’ accommodation, booking experiences or wellness program, through the following methods —

  • Online Payment — thira.co/pay
  • Credit / Debit Cards — Domestic and International
  • Cash

We do not accept Bank Transfers, PayTm, Google Pay, or prepaid Giftcards. Split payment in any form is also not allowed.

By providing us with your payment information on our website or in-person, you agree that Thira Hospitality Private Limited is authorized to immediately invoice you for all fees and applicable taxes as levied by the government and that no additional notice or consent is required. As part of security measures, the payment information is removed from our system as soon as the payment is completed.

Please note that your transaction with us might be subject to foreign exchange fees based on your country of residence and the payment method used. The exchange rate is determined solely by your bank. We are not responsible for any such fees and disclaims all liability in this regard. Any taxes or fees imposed on payments will be your sole responsibility.

Once the booking has been confirmed, we will send a payment receipt or proof of payment, and the final invoice is only generated once the stay, experience, or wellness program is completed.

PREPAYMENT

Prepayment is mandatory at the property during check-in.

BILLS

All bills must be settled in full before leaving the Hostel. There are no credit facilities.

6. CANCELLATIONS AND REFUNDS

If you need to cancel your booking, we have a 2 days cancellation policy, which means you can cancel your booking until 48 hours before arrival and receive a full refund of your booking amount.

Booking cancellation requests submitted less than 48 hours are non-refundable.

However, you will be provided with credit for the full value of the booking amount. Credits can be used towards your future reservations within one year from the issue date. The dates will be subject to availability.

You can cancel your booking by sending us an email at –

booking@thira.co

a – In the case of refundable cancellation, the amount will be refunded to the same payment method.

b – The bank(s) dealing with the transaction may deduct its fees from the refunded amount.

c – Please be informed that it may up to 3 weeks to process the refund from the date received to be processed. If you’ve waited more than 3 weeks with no email from us, please reach out to us –

hello@thira.co

d – Lastly, when you book on a third-party site such as Booking.com, Hostelworld, Airbnb, Expedia, and Agoda, you may be subject to their terms and conditions if they differ from ours. Please check their cancellation policy and reach out to them directly for change, cancellation, or refund.

NO-SHOW CHARGES

Failure to check in on the scheduled arrival date for a reservation guaranteed with a credit card will result in a No-Show fee being charged to your credit card. You will only be charged the first night, one (1) night’s full room rate plus taxes, and the balance of the reservation will be canceled.

7. LINK TO THIRD PARTY WEBSITES

The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources.

The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

In certain situations, third-party businesses may provide services that are available to you through the Company’s Services. We do not control any such third-party service providers. You agree that we are not responsible for the availability or contents of any such third-party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third-party sites and services is at your own risk.

You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors, and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website. If you link to the Website, We reserve the right to withdraw linking permission without notice and the Company reserves the right to require prior written consent before linking to the Website.

8. PROHIBITED CONDUCT

When using this Website, you must not do any of the following:

  • defame, abuse, harass, stalk, threaten, or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive, or unlawful material or information;
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of someone’ computer;
  • impersonate any person or entity, including without limitation any employee or representative of Company;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
  • run Mail list, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
  • decompile, reverse engineer, or otherwise, attempt to obtain the source code of the Services;
  • delete any author attributions, legal notices or proprietary designations, or labels in any file that is uploaded;
  • falsify the origin or source of software or other material contained in a file that is uploaded;
  • advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.

CHILDREN

Our Services are not directed toward children under 13 years of age nor we knowingly collect information from children under 13. If you are under 13, please do not submit any personal information. However, we take steps to remove it from our system and terminate the account once we are brought to notice.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@thira.co

9. INTELLECTUAL PROPERTY

All information and material on our Services, other than user-generated content, if any, is either owned by Thira Hospitality Private Limited or is licensed by the respective owners. Our trademarks and service marks and the associated logo and graphics are owned by us and protected by copyright, trademark. Any other marks are the property of their respective owners. You acknowledge and agree that the information and material present in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You acknowledge and agree that you are permitted to review, print, and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.

We do not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services, subject to the Company’s Privacy Policy which can be found here Privacy Policy.

10. INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other rights of any person or entity.

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs, and attorney’s fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other rights of any person or entity.

11. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

The company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding:

  • which users gain access to the Services;
  • what Content you access via the Services;
  • what effects the Content may have on you;
  • how you may interpret or use the Content; or
  • what actions you may take as a result of having been exposed to the Content.

You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate.

THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. TERMINATION

Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website if:

  • It does not receive timely payment;
  • It reasonably believes that you have breached any of these Terms and Conditions;
  • It is unable to verify the accuracy or validity of any information provided by you;
  • Or it suspects fraudulent, abusive, or illegal activity by you.

The Company shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service.

In case of any objection to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

You may terminate your account at any time by emailing us at hello@thira.co. Cancellation will take effect within 24 hours and you will not be entitled to a refund for any fee already paid.

13. JURISDICTION AND CHOICE OF LAW

These Terms of Service shall be governed by and construed in accordance with the laws of India, without giving effect to conflicts-of-law principles thereof. Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.

Subject to the aforesaid, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction of the Courts at Delhi over any proceedings arising in respect of the User Agreement.

14. MODIFICATION

The Company reserves the right to modify and amend these Terms and Conditions and any Content or information contained on the Website at any time. In the event, these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. The changes will apply from the date of posting.

If modified Terms and Conditions and/or the Privacy Policy have been amended or altered you do not agree to their terms, you must stop using this Website.

15. MISCELLANEOUS

Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

ENTIRE AGREEMENT AND SEVERABILITY

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected to the maximum extent possible. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

The Terms of Services and any other terms and conditions of services on this site, and its successor, constitute the entire agreement between you and us, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.

FORCE MAJEURE

In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

NO WAIVER

If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement, or support a claim of detrimental reliance by you.

CONTACT: legal@thira.co
EFFECTIVE DATE: NOVEMBER 16, 2020