This is a legal agreement between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("you", or collectively "users") or otherwise capable of entering into and performing legal agreements stating the terms that govern your use of the FabHotels platform, services and networks owned or controlled by Travelstack Tech Limited (formerly known as Travelstack Tech Private Limited and Casa2 Stays Pvt Ltd) that allow a user to book a room in the hotels and/or other properties associated with FabHotels. In this agreement "FabHotels" refers to the corporate entity Travelstack Tech Limited (formerly known as Travelstack Tech Private Limited and Casa2 Stays Pvt Ltd) as well as its website www.fabhotels.com and mobile application and other services as the context provides. This agreement - together with all updates, additional terms, software licenses, and all of FabHotels rules and policies including but not limited to privacy policy, cancellation and refund policy - collectively constitute the "agreement" between you and FabHotels. Your continued use of the FabHotels website constitutes your binding acceptance of the terms and conditions and all other policies updated from time to time. You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable, and FabHotels may refuse access to FabHotels services for noncompliance with any part of this agreement.
When using the FabHotels, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "policies"). All such policies are hereby incorporated by reference into these terms. In the case of any inconsistency between these terms of use and any other document that has been incorporated by reference herein, these terms of use shall supersede all such documents mentioned above.
FabHotels reserves the right, at FabHotels' discretion, to change, modify, add, or remove portions of these terms at any time by posting the amended terms to the FabHotels. Please check these terms and any policies periodically for changes. FabHotels reserves the right to update and change the terms of use from time to time without notice or acceptance by you, however, FabHotels will use its commercially reasonable efforts to include notices regarding any such updates or changes to this terms of use on the platform. Your continued use of the FabHotels after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended terms or fees will automatically be effective.
These "terms of use" apply to the services provided by FabHotels on its website or application (collectively known as "platform"), and applies to all users of the FabHotels platform.
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of FabHotels platform.
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.
For the purpose of these terms of use, wherever the context so requires "you" or "user" shall mean any natural or legal person who has agreed to become a viewer on the website by providing registration data while registering on the website as registered user using the computer systems. The term "we", "us", "our" shall mean 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.
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.
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.
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.
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:
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:
FabHotels may also in its sole discretion and at any time, discontinue the platform with or without notice.
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.
Notwithstanding anything to the contrary contained herein or elsewhere, FabHotels liability for any user's claim which may arise out of availing FabHotels services through browsing FabHotel's portal or elsewhere shall be limited up to the amount paid by the user at the time of making his/ her booking for availing the products and services giving rise to such claim.
All claims/complaints arising from and in connection with the use of FabHotels services shall be promptly submitted or reported to FabHotels within 30 days of the consumption of such services. Any claim or complaint that is submitted/reported after the period of 30 days may be rejected, and the claimant will forfeit the right to claim any damage, cost or compensation.
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 person of the terms of use, using your computer or user id. You also undertake to indemnify FabHotels against any claim, suit, actions and 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
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding. This defense and indemnification obligation shall survive these terms of use and your use of the platform.
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. The terms of use and the relationship between you and FabHotels shall be exclusively governed by and construed in all respects under the laws of India without giving effect to any choice-of-law or conflict-of-laws provisions.
You agree that:
You and FabHotels further agree to submit to the personal jurisdiction of the courts located in Delhi for any and all legal claims, suits or actions that arise in connection with the platform or from a dispute as to the interpretation or breach of the terms of use.
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).
Assured essentials in all FabHotels: