Legal Policies & Platform Terms

2.1 Intermediary / Marketplace Model

Tashi Homes operates strictly as an online marketplace and intermediary, within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and Rule 2(1)(w) of the Consumer Protection (E-Commerce) Rules, 2020. Tashi Homes:

• •does not own, lease, manage, or operate any Homestay listed on the Platform;
• •does not act as an agent of the Host for the purpose of the underlying accommodation contract, which is formed directly between Guest and Host;
• •does not employ, supervise, or control Hosts, their staff, or their household members;
• •is not a party to, and assumes no liability under, the contract of accommodation formed between Guest and Host at the point of Booking confirmation.

Tashi Homes' role is limited to: listing discovery, search and comparison tools, secure payment collection and disbursal, booking confirmation logistics, customer support coordination, and (where offered) verification checks on Hosts and properties as described in Section 4.

3.1 Acceptance of Terms

By creating an account, browsing Listings, or making a Booking, the Guest agrees to be bound by these Terms of Service, the Cancellation & Refund Policy, the Privacy Policy, and any Host-specific house rules disclosed at the time of Booking. If the Guest does not agree, they must not use the Platform.

3.2 Eligibility

• •Users must be at least 18 years of age and capable of entering into a valid contract under the Indian Contract Act, 1872.
• •A Booking made on behalf of a group must be made by a person who will be present at check-in, or who accepts responsibility for the conduct of the group.
• •Tashi Homes may require government-issued ID verification (Aadhaar, passport, driving licence, or voter ID) prior to or at check-in, consistent with the Host's registration obligations under local police/tourism regulations (see Section 4.2).

3.3 Account Registration

• •Users must provide accurate, current, and complete information at registration and keep it updated.
• •Users are responsible for maintaining the confidentiality of login credentials and for all activity under their account.
• •Tashi Homes may suspend or terminate accounts that provide false information, are used fraudulently, or violate these Terms.

3.4 Booking Process

• •A Booking request becomes a confirmed Booking only upon (a) successful payment or advance payment as specified in the Listing, and (b) confirmation issued by the Platform on the Host's behalf or by the Host directly, whichever workflow is enabled for that Listing.
• •Prices, availability, and house rules displayed at the time of Booking form part of the contract; Tashi Homes will notify Guests promptly if a Host is unable to honour a confirmed Booking (see Section 3.7 — Host Default).
• •Guests must review property description, photographs, amenities, and house rules carefully before booking, as Homestays vary significantly in facilities compared to hotels.

3.5 Guest Conduct at the Homestay

Because a Homestay is someone's home, Guest conduct obligations are stricter and more specific than at a hotel:

• •Guests must comply with the Host's house rules (check-in/out times, guest limits, smoking/alcohol policy, pet policy, quiet hours) as disclosed in the Listing.
• •Guests must not exceed the disclosed occupancy limit or bring undisclosed guests/pets without the Host's consent.
• •Guests are liable to the Host directly for any damage to the property, fixtures, or belongings caused during their stay, beyond ordinary wear and tear.
• •Illegal activity, harassment of the Host or their family, or activity endangering the safety of the household will result in immediate account suspension and may be reported to local authorities.

3.6 Guest Acknowledgement of Homestay Nature

By booking, the Guest expressly acknowledges and accepts that:

• •a Homestay is a private residence, not a licensed hotel, and may not offer 24-hour reception, elevators, standardised fire-safety infrastructure, or hotel-grade housekeeping;
• •they may be sharing common areas with the Host's family or other Guests, depending on the Listing type (entire home vs. private room vs. shared homestay);
• •facilities, décor, and services will vary Host to Host, and the Listing description/photographs are the operative representation of what to expect, not a general hotel-industry standard.

3.7 Host Default / Booking Not Honoured

Added in 10.1 B

3.8 Taxes

Listed prices are inclusive/exclusive of applicable Goods and Services Tax (GST) and other statutory levies as displayed at checkout. GST invoices will be issued in accordance with applicable law based on the Platform's GST registration and, where applicable, the Host's own GST status.

4.1 Eligibility & Onboarding

• •The Host must be the legal owner of the property or hold documented authority (e.g., from the owner/family) to let it out for paid stays.
• •The Host must provide accurate identity documents, property ownership/occupancy proof, and bank/UPI details for payouts, as part of Tashi Homes' onboarding verification.
• •Tashi Homes may conduct a physical or virtual property verification before activating a Listing, and may periodically re-verify Listings.

4.2 Regulatory & Licensing Compliance (Host's Responsibility)

Homestays in West Bengal — particularly in the hills (Darjeeling, Kalimpong) and Dooars/Terai belt — may be subject to registration under the West Bengal Tourism department's homestay scheme, local municipal/Gram Panchayat trade licence requirements, fire and public-safety norms, and mandatory guest-register/police-verification obligations for tourist lodging. The Host is solely responsible for:

• •obtaining and maintaining any homestay registration, trade licence, or tourism department certification applicable in their district;
• •maintaining a guest register and complying with local police reporting/foreigner-registration (FRRO/C-Form) requirements where the Guest is a foreign national;
• •basic fire and electrical safety measures, and disclosing any known safety limitations of the property;
• •complying with local municipal, panchayat, and state tourism regulations applicable to paid home-stays.

Tashi Homes may request copies of applicable registrations at onboarding and may de-list any Homestay operating without required local approvals, but Tashi Homes does not certify or guarantee a Host's regulatory compliance, and onboarding a Listing is not a representation that the property fully complies with every applicable local law.

4.3 Listing Accuracy

• •Hosts must ensure photographs, descriptions, amenities, pricing, and availability calendars are accurate and kept up to date.
• •Misrepresentation (e.g., undisclosed shared bathrooms, inaccurate location, unlisted extra charges) is grounds for Listing suspension and forfeiture of that Booking's payout, without prejudice to the Guest's refund.

4.4 Commission, Fees & Payouts

• •Tashi Homes charges a platform service fee on each completed Booking, typically fixed at 10.0% of the booking subtotal (or as specifically stipulated in the Host's executed Host Partnership Agreement) and visible in the Host's vendor dashboard.
• •Payouts to Hosts are released via automated banking settlement (RazorpayX) directly to the registered bank account within 24 hours of verified guest check-in, net of platform commission, statutory TDS under Section 194-O of the Income Tax Act, 1961 where applicable, and any approved guest refund adjustments.
• •Hosts are independently responsible for their own GST/income tax registration and compliance on income earned through the Platform; Tashi Homes will issue periodic Form 16A/TDS certificates as required by law but does not act as the Host's tax consultant.

4.5 Cancellation by Host

Hosts who cancel a confirmed Booking without a valid reason (as opposed to a genuine emergency) may be subject to a cancellation penalty deducted from future payouts, temporary suspension of their calendar, or removal from the Platform for repeat cancellations, in addition to the Guest refund obligations in Section 3.7.

4.6 Non-Circumvention

Hosts and Guests agree not to use contact information exchanged through the Platform to complete a booking transaction outside the Platform in order to avoid the Service Fee, during the term of these Terms and for a reasonable period thereafter. Confirmed circumvention may result in account termination and recovery of the bypassed commission.

4.7 Termination / De-listing

Tashi Homes may suspend or permanently de-list a Homestay for: repeated Guest complaints, safety concerns, regulatory non-compliance, fraudulent listings, discriminatory refusal of Guests, or breach of this Agreement, with notice where practicable except in cases of urgent safety risk.

4.8 Electronic Execution & E-Sign Enforceability

Individual Host Partnership Agreements dispatched by Tashi Homes are executed via electronic signatures in full compliance with the Information Technology Act, 2000. When a Host completes an electronic signature on the TashiHome E-Sign Portal, the signer's IP address, browser fingerprint, and cryptographic SHA-256 hash are recorded. The generated executed PDF serves as a legally enforceable and binding commercial contract between the parties.

6.1 Suggested Standard Tiers

6.2 Non-Refundable Components

The Tashi Homes Service Fee is non-refundable in cases of Guest-initiated cancellation, but is refunded in full where the Host cancels, fails to honour a Booking, or where the property is found to be materially misrepresented.

6.3 Refund Timelines

Approved refunds will be processed to the original payment method within 7–10 business days, subject to the Guest's bank/payment provider processing times.

6.4 Force Majeure Cancellations

Where a Booking cannot be honoured due to circumstances beyond either party's reasonable control — landslides, road closures, extreme weather, bandhs/strikes affecting the North Bengal hill routes, government-imposed travel restrictions, or natural disasters — Tashi Homes will facilitate a full refund or free rescheduling, regardless of the standard cancellation tier, unless the Host has already incurred non-recoverable costs which will be disclosed transparently.

6.5 Disputed Quality Issues

If a Guest reports on arrival that the property materially differs from the Listing (cleanliness, safety, or missing disclosed amenities) and this is substantiated (e.g., via photos and Host acknowledgment), Tashi Homes may facilitate a partial or full refund, relocation, or goodwill credit at its discretion, following its internal grievance process (Section 9).

7.1 Reviews

• •Only Guests who have completed a Booking may post a review of that Homestay.
• •Reviews must be honest, first-hand, and free of hate speech, defamatory content, or personal data of third parties.
• •Tashi Homes may remove reviews that violate these guidelines but will not remove genuine reviews merely because a Host disputes the rating.

7.2 Non-Discrimination

Hosts may not refuse a Guest booking on the basis of religion, caste, race, gender, sexual orientation, disability, or region of origin. Complaints of discriminatory refusal will be investigated and may result in Listing suspension.

7.3 Zero-Tolerance Conduct

Harassment, threats, or unsafe conduct by either Guest or Host toward the other — including inappropriate behaviour toward Host family members, who often live on the same premises in a genuine homestay — will result in immediate account suspension pending investigation, and may be reported to local police where warranted.

8.1 Data We Collect

• •Identity data: name, government ID (where required for check-in/FRRO compliance), date of birth, gender.
• •Contact data: phone number, email, address.
• •Transaction data: booking history, payment status (not full card/UPI credentials, which are handled by our payment gateway partner).
• •Device/usage data: IP address, device identifiers, app usage analytics, location (if permitted) for showing nearby Homestays.
• •Content data: reviews, support chat messages, photographs uploaded by Hosts.

8.2 Purpose of Processing

• •To create and manage accounts, process Bookings and payments, and communicate booking confirmations/updates.
• •To comply with legal obligations, including local guest-registration and law-enforcement requirements applicable to tourist accommodation.
• •To improve the Platform, prevent fraud, and provide customer support.
• •With consent, for marketing communications about offers and new Homestays (Guests may opt out at any time).

8.3 Sharing of Data

• •With the relevant Host, limited to what is necessary to fulfil a Booking (name, contact number, ID details where legally required, stay dates).
• •With payment gateway and banking partners, strictly for transaction processing.
• •With government/law-enforcement authorities where legally mandated (e.g., guest registration requirements, lawful requests).
• •Tashi Homes does not sell personal data to third parties for their independent marketing use.

8.4 Data Retention

Personal data is retained for as long as the account is active and for a reasonable period thereafter to meet legal, accounting, and dispute-resolution requirements, after which it is deleted or anonymised.

8.5 User Rights

• •Right to access and obtain a copy of personal data held about them.
• •Right to correction of inaccurate or incomplete data.
• •Right to withdraw consent for optional processing (e.g., marketing) at any time.
• •Right to grievance redressal through the Data Grievance Officer / Grievance Officer described in Section 9.

8.6 Cookies

The Platform uses cookies and similar technologies for session management, analytics, and (with consent) personalised recommendations. Users can manage cookie preferences through their browser or app settings.

8.7 Data Security

Tashi Homes implements reasonable technical and organisational security measures — encryption in transit, access controls, and restricted internal access — to protect personal data, consistent with the IT (Reasonable Security Practices) Rules, 2011.

9.1 Safe Harbour under the IT Act

Tashi Homes is an intermediary under Section 79 of the Information Technology Act, 2000, and complies with the due-diligence requirements of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including publishing these Terms, acting on user complaints, and cooperating with lawful government/court orders for content takedown or information disclosure.

9.2 Grievance Officer

In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the IT Rules, 2021, Tashi Homes will appoint a Grievance Officer whose name, designation, and contact details (email and phone) will be published on the Platform. Complaints will be:

• •acknowledged within 48 hours of receipt;
• •resolved within one month from the date of receipt, as required under the E-Commerce Rules;
• •escalated internally where the initial resolution is unsatisfactory to the complainant.

9.3 Nodal Officer / Contact for Law Enforcement

Tashi Homes will additionally designate a Nodal Contact Person for coordination with law enforcement agencies as required under the IT Rules, 2021.

10.1 Limitation of Liability

To the maximum extent permitted by law:

• •Tashi Homes' aggregate liability to any Guest or Host arising out of or in connection with a Booking is limited to the amount paid through the Platform for that specific Booking.
• •Tashi Homes is not liable for personal injury, loss of belongings, property damage, or any dispute arising from the actual stay at a Homestay, as this occurs under the direct contract between Guest and Host; Tashi Homes' role is limited to facilitating the booking and payment as described in Section 2.
• •Tashi Homes is not liable for indirect, incidental, or consequential losses (e.g., lost wages, missed connections, trip-planning costs) arising from a cancelled or defective Booking, beyond the refund remedies set out in Section 6.

10.2

• •Hosts agree to indemnify Tashi Homes against claims arising from inaccurate Listings, regulatory non-compliance, or harm caused to Guests at the property due to the Host's negligence.
• •Guests agree to indemnify Tashi Homes and the relevant Host against claims arising from the Guest's breach of house rules, damage caused, or unlawful conduct during the stay.
• •Added from 3.7

10.3 Insurance (Recommended)

Tashi Homes may, as a value-added feature, offer or facilitate optional travel/stay insurance or a Host property-damage protection product; unless expressly stated, no such insurance is included by default, and Guests/Hosts are encouraged to maintain their own appropriate insurance.