This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the FabHotels and services and tools are governed by the following terms and conditions as applicable including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with FabHotels and these terms and conditions including the policies constitute Your binding obligations, with FabHotels.
2. ABOUT FABHOTELS
FabHotels is preferred hotel brand for the modern Indian traveler, working with the intent to make great hospitality affordable. To ensure that you get consistently high level of service, all our hotels and B&Bs follow strict standard operating procedures when it comes to housekeeping, laundry or F&B, and entire staff undergoes regular training and auditing.
3. MEMBERSHIP ELIGIBILITY
Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.
The content on the Platform is not meant for children and therefore it is not advisable for children to be visiting/accessing/becoming a member of the Platform. FabHotels reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to FabHotels's notice or if it is discovered that you are under the age of 18 years.
4. USER RESPONSIBILITY
You assume all responsibility for the use of FabHotels Platform. You also waive all claims against FabHotels, its officers, directors, employees, suppliers, and programmers that may arise from the use of the FabHotels Platform.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
If You send any communications or materials to the FabHotels Platform by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are and will be treated as, non-confidential and non-proprietary. Thus, the User gives up any claim that any use of such material violates any of the User's 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 FabHotels uses such material.
FabHotels or its licensors own all Intellectual Property Rights in and to the Content, Platform, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Platform.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Platform, its Content. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Platform and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
FabHotels shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Platform, including, but not limited to Content, features, and hours of availability, without further notice to you.
You agree that FabHotels may terminate your use of this Platform, cancel your user registration, remove your Communications, and/or exercise any other remedy available to it, if FabHotels reasonably believes that you have violated or acted inconsistently with these Terms, or violated the rights of FabHotels or any third party, or for any reason, with or without notice to you. You agree that FabHotels will not be held liable to you or any third party as a result thereof.
7. INTELLECTUAL PROPERTY
All Content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FabHotels, its affiliates or its content suppliers and is protected by India and international copyright laws, authors' rights , trademark and database right laws. The compilation of all content on this Platform is the exclusive property of FabHotels and its affiliates and is protected by laws of India and international copyright and database right laws.
You may not systematically extract/ or re-utilise parts of the contents of the Platform without FabHotels and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform, without FabHotels and / or its affiliates (as may be applicable) express written consent.
FabHotels does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content on the Platform. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. FabHotels reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Platform.
You also acknowledge that FabHotels Platform provides intermediary services in order to facilitate hotel services to you. FabHotels is not the last-mile service provider to you and therefore, FabHotels shall not be or deemed to be responsible for any lack or deficiency of services provided by any person you shall engage or hire or appoint pursuant to or resulting from, the material available in Fabhotels Platform.
FabHotels shall 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 Platform.
If for any reason, law does not permit exclusions of liability then, the liability of the FabHotels shall be limited to such amount paid by the user and retained by the FabHotels for the transaction in question.
9. UNLAWFUL USE AND CONDUCT
You agree that your use of the Platform must comply with all applicable local, state, national, and international laws, and that you will not use the Platform for any illegal purpose.
By using or accessing FabHotels as a viewer, you hereby agree to refrain from the following:
(a) violating the rights of another individual or entity, including but not limited to any of such party's intellectual property rights;
(b) interfering with or disrupting the Platform, circumventing, disabling or interfering with security features on the Platform;
(c) stalking or otherwise harassing another person;
(d) impersonating any person or entity, including, but not limited to, a FabHotels employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(e) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Platform;
(f) violating any applicable local, state, national or international law, and any applicable regulations having the force of law;
(g) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or
(h) offering for sale or selling any item, good or service that
(i) violates any applicable federal, state, or local law or regulation,
(ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or
(iii) FabHotels determines, in its sole discretion, is inappropriate for transmission through the Service. You agree not to collect or harvest any personally identifiable information, including User IDs, nor to use the communication systems provided for any commercial solicitation purposes.
You agree that FabHotels may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately
terminate your User ID as a viewer, and remove or discard from the Platform. Grounds for such termination may include, but are not limited to:
(a) extended periods of inactivity,
(c) discontinuance or material modification of the Service, or
(d) requests by Content owners or law enforcement or other government agencies. FabHotels may also in its sole discretion and at any time, discontinue the Platform with or without notice.
13. LIMITATION OF LIABILITY
All FabHotels are owned and operated by individual partners. Once a booking is done and confirmed with the partner hotels, FabHotels do not hold any liability for any occurrence of any mishap on these properties resulting in any material or human damage. You understand and agree that FabHotels shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if FabHotels had been advised of the possibility of such damages), resulting from or relating to the Platform, whether based on warranty, contract, tort, or any other legal theory.
You agree, at your own expense, to indemnify, defend, and hold harmless FabHotels, its employees, agents, and representatives against
any claim, suit, action, or administrative proceeding brought against FabHotels, its employees, agents, and/or representatives ("claim")
to the extent such claim, arises out of, or is related to your content, your access or use of the Platform, your violation of this terms of
use, or of any rights of another, including, without limitation, access or use of the Platform by someone else, or violation by such other
proceedings brought against FabHotels by any partner hotels. This indemnification agreement also applies (without limiting) to any claim,
directly or indirectly related to the Platform
(i) that your use or access or another person's use or access of your computer or user id infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right of a third party under any local, international, federal, or state law;
(ii) that your use or access to the Platform is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party.
15. GOVERNING LAW
The Platform is controlled and offered by FabHotels from its facilities in India. FabHotels makes no representations that the FabHotels
Platform is appropriate or available for use in other locations. Those who access or use the FabHotels Platform from other jurisdictions do
so at their own volition and are responsible for compliance with local law.
laws of India without giving effect to any choice-of-law or conflict-of-laws provisions.
You agree that:
(i) the FabHotels Platform shall be deemed solely based in India; and
(a) Waiver and severability: The failure of FabHotels to exercise or enforce any right or provision of the terms of
or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect
(d) No right of survivorship; non-transferability: You agree that your FabHotels user id is non-transferable and any rights to your user id or content terminate upon your death.
FabHotels reserves the right to enlist and take measures that FabHotels believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to FabHotels' right to cooperate with any legal process relating to your use of the mobile application and/or Content, and/or a third party claim that your use of FabHotels and/or Content is unlawful and/or infringes such third party's rights). You agree that FabHotels has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as FabHotels believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FabHotels’ right to cooperate with any legal process relating to your use of FabHotels and/or the Content, and/or a third party claim that your use of FabHotels and /or the Content is unlawful and/or infringes such third party's rights).
18. Additional Terms and Conditions concerning Hotels listed on FabHotels Platform
(a) Hotels may not allow local residents to check-in as guests. This is strictly subject to the Hotel Policies and FabHotels
will not be responsible for such check-in denials.
(b) The primary guest must be at least 18 years old to be able to check into the hotel.
(c) Your stay does not include additional personal expenses like telephone charges, meals that aren't part of your meal plan, any hotel services you use (like laundry and room service) or tips. The hotel will charge you directly for these when you're checking out.
(d) It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Drivers License, Voters Card, and Passport. Without valid ID the guest will not be allowed to check in. Note- PAN Cards will not be accepted as a valid ID card.
(e) The hotel reserves the right of admission. Accommodation can be denied to guests posing as a 'couple' if suitable proof of identification is not presented at check-in. FabHotels will not be responsible for any check-in denied by the hotel due to the aforesaid reason.
Assured Essentials in all FabHotels:
(a) Complimentary Wi-Fi
(b) Air-conditioned rooms
(c) Dedicated 24*7 front desk
(d) En suite bathroom with branded toiletries
(e) Daily housekeeping