Terms of Service

This web site (the “Site”) is published and maintained by NightStay Travels Pvt. Ltd. (“NightStay”), a company incorporated and existing in accordance with the laws of the Republic of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub–site (whether belonging to an ‘associate’ of NightStay or otherwise) through this site, then such sub–site may have its own terms and conditions of use which is specific to such sub-site. Sub–sites may contain such additional terms and conditions of use as may be set out in such sub–site.

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between NightStay and you with respect to your use of this Site.

Site and Its Contents

This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, NightStay grants you a non–exclusive, non–transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by NightStay or otherwise. By displaying them on this Site, NightStay is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub–site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

Others’ rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:

User’s Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

NightStay assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. NightStay may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates NightStay’s policies in any way.

NightStay will fully cooperate with any law enforcement authorities or court order requesting or directing NightStay to disclose the identity of anyone posting such materials.

NightStay Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by NightStay, as non–confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way NightStay uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by NightStay anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to NightStay does not cause NightStay to have any special responsibility to you.

The copyright in the contents of this website belong to NightStay. Accordingly NightStay reserves all rights. Copying of part or all the contents of this website without permission of NightStay is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests and interactions

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate.

Disclaimer

The material in this Site could include technical inaccuracies or typographical errors. NightStay may make changes or improvements at any time.

The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by NightStay, NightStay Affiliates and their respective suppliers. To the fullest extent permissible pursuant to applicable law, NightStay disclaims all warranties of merchantability, relating to the information and description of the hotel , air or any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel or any other ratings displayed on this website are intended as only general guidelines, and NightStay, NightStay Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. NightStay, NightStay Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. NightStay may make improvements and/or changes on this website at any time.

NightStay does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction

NightStay does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. NightStay does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, NightStay merely provides intermediary services in order to facilitate highest quality services to you. NightStay is not the last–mile service provider to you and therefore, NightStay shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. NightStay, NightStay Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement.

NightStay will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. IN no event shall NightStay, NightStay Affiliates ,and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the NightStay group companies, the NightStay Affiliates and their respective suppliers have been advised of the possibility of such damages.

You agree to defend and indemnify NightStay, NightStay Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party

Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, NightStay’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local NightStay authorized representative for the availability of specific products and services in your area.

Terms and Conditions of Use

NightStay may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

NightStay may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

NightStay reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of NightStay’s systems as well as its client’s interests are and remain, well–protected.

Towards this end, NightStay may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

If NightStay, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then NightStay may cancel the said orders at any time up to 5 hours before the scheduled time of departure of the relevant flight or 5 hours before the expected date of visit to any property booked through NightStay.

Cancellation and Refund Policy

All bookings made via NightStay and its affiliates are non cancellable and non-refundable. However, if NightStay, in its sole and exclusive discretion, concludes that the said hotel bookings are not or do not reasonably appear to be, authentic, enforceable or valid, then NightStay may cancel the said orders at on the date of visit to any property booked through NightStay.

In addition, if a hotel is unable to honour a reservation, due to over booking, NightStay will try its best to find an alternative accommodation for the user. Any booking of a hotel's room on NightStay is definitive. NighStay may, in its sole discretion, provide either NightStay credits or refund the full amount paid back to the user within 2-3 working days in the credit/debit card, which was used for the transaction.

General Provisions

You may travel to certain destinations which involve greater risks than others, entirely at your risk as to cost and consequences.

NightStay requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, NightStay does not represent or warrant that travel to such point is advisable or without risk. NightStay does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

NightStay, NightStay Affiliates and their respective supplilers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any air carriers, hotels or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. NightStay, NightStay Affiliates and their respective suppliers have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re–routing or acts of any government or authority.

NightStay reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. NightStay shall have no obligation to take the needs of any User into consideration in connection therewith.

NightStay reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third–party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in NightStay debiting your account for any costs we incur as a result of such violation.

No waiver by NightStay of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

If any dispute arises between you and NightStay during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Mumbai. 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.

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 Mumbai, Maharashtra, India.

NightStay Referral Program "Free Rooms" & Promotional Codes

NightStay may, in NightStay's sole discretion, create promotional codes/referral credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that NightStay establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes / Referral Credits: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by NightStay; (iii) may be disabled by NightStay at any time for any reason without liability to NightStay; (iv) may only be used pursuant to the specific terms that NightStay establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. NightStay reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that NightStay determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

NightStay's Referral Credits program "Free Rooms" is designed to reward NightStay users. In the current programe structure, a user is entitled to 1000 NightStay Credits ("NS credits") against the first booking of minimum Rs.3000 made by a new user who installed the app using former user's Unique Referral Code. NS credits are added to user's account automatically after the authentication of terms stated above.