Tashi Homes • Legal & Compliance
Legal Policies & Platform Terms
Homestay Booking Marketplace — North Bengal, India. Transparent terms aligning guest safety, host dignity, and Indian statutory compliance.
TASHI HOMES
Legal Policies & Platform Terms • Homestay Booking Marketplace — North Bengal, India
Definitions & Interpretation
For the purposes of these policies, the following terms carry the meanings set out below. Terms used but not defined here carry their ordinary meaning under Indian law.
- •"Platform" means the Tashi Homes website, mobile application, and any associated services operated by [Tashi Homes legal entity name, to be inserted once registration is finalized], through which Guests can search for, compare, and book Homestays.
- •"Homestay" means a private residential property — a room, floor, cottage, or the whole home — offered by a Host for short-term paid accommodation, as distinct from a hotel, resort, service apartment, or commercially licensed guest house.
- •"Host" or "Homestay Partner" means the individual or family who owns or lawfully occupies and manages the Homestay and lists it on the Platform.
- •"Guest" or "User" means any person who browses, registers on, or books through the Platform.
- •"Booking" means a confirmed reservation of a Homestay for specified dates, made through the Platform and accepted by the Host.
- •"Listing" means the description, photographs, pricing, availability calendar, and house rules a Host publishes for a Homestay.
- •"Service Fee" or "Platform Fee" means the commission or convenience fee charged by Tashi Homes for facilitating a Booking.
- •"North Bengal" refers to the operating region — including but not limited to Darjeeling, Kalimpong, Jalpaiguri, Alipurduar, Cooch Behar, and adjoining Dooars/Terai areas — where listed Homestays are located.
These policies should be read together. Where a specific policy (e.g., Cancellation & Refund Policy) conflicts with the general Terms of Service on a matter it specifically addresses, the specific policy governs.
Nature of the Platform (Marketplace, Not Operator)
This section is the legal foundation of the entire document. Getting it right is what limits Tashi Homes' liability for what happens inside someone's home.
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.
2.2 Why This Distinction Matters for a Homestay Model
Because Homestays are private residences rather than licensed commercial hotels, Tashi Homes' marketplace-not-operator status is especially important to state clearly to Guests — the safety standards, staffing, and facilities of a family home will differ from a hotel, and Guests are booking with that understanding. Section 3.6 (Guest Acknowledgement of Homestay Nature) makes this explicit as part of the Guest contract.
Terms of Service — Guests
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.
Booking, Pricing & Payments
- •All payments are processed through Tashi Homes' authorised payment gateway partner(s); Tashi Homes does not store full card details, in line with RBI tokenisation norms.
- •Prices may vary by season, demand, and length of stay, and are set by the Host within any bounds Tashi Homes sets for platform pricing consistency.
- •Where partial/advance payment models are offered, the balance payment terms (amount, due date, payment method at property) will be clearly disclosed before Booking confirmation.
- •In case of payment failure after debit, Tashi Homes will initiate reversal to the original payment method within RBI-mandated timelines (currently up to 5–7 working days depending on the issuing bank).
- •Currency: all prices are quoted in Indian Rupees (INR) unless otherwise stated.
Reviews, Conduct & Community Guidelines
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.
Limitation of Liability, Indemnity & Insurance
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.
10.1A – Waiver of Liability for Host Services
The Platform (Tashi Homes) acts solely as an intermediary facilitating the booking and payment between Guests and Hosts. The Platform does not itself provide accommodation, hospitality, or any related services.
Accordingly, to the maximum extent permitted by law, Tashi Homes expressly disclaims and waives any and all liability, responsibility, or obligation arising from or relating to:
- •the quality, adequacy, suitability, safety, cleanliness, or performance of any services, facilities, amenities, or accommodation provided by the Host (hotel/homestay);
- •any failure, deficiency, shortfall, or inadequacy in the services rendered by the Host to the Guest during the stay;
- •any dispute, claim, complaint, loss, damage, injury, or inconvenience experienced by the Guest as a result of the Host’s acts, omissions, negligence, or breach of the direct Guest–Host contract.
The Guest acknowledges that any such claims must be directed exclusively against the Host, and that Tashi Homes’ sole role is limited to facilitating the booking and payment as described in these Terms. The Guest hereby irrevocably waives, releases, and forever discharges Tashi Homes from any claims, demands, or causes of action in connection with inadequate or defective services provided by the Host.
10.1B – Waiver of Liability for Host’s Willful Cancellation or Refusal on Arrival
The Platform (Tashi Homes) acts solely as an intermediary facilitating the booking and payment between Guests and Hosts. The Platform does not control, supervise, or guarantee the Host’s performance or availability of the accommodation.
To the maximum extent permitted by law, Tashi Homes expressly disclaims and waives any and all liability, responsibility, or obligation arising from or relating to:
- •the Host’s willful cancellation, refusal, denial of entry, or failure to honour a confirmed Booking upon the Guest’s arrival (or at any other time);
- •any cancellation, termination, or non-performance of the Booking caused by the Host’s own fault, act, omission, negligence, misconduct, or breach of the direct Guest–Host contract;
- •any resulting inconvenience, alternative accommodation costs, travel disruption, loss, damage, or expense suffered by the Guest due to the Host’s willful or fault-based cancellation or refusal.
The Guest acknowledges that the Host alone is responsible for honouring the Booking and that any such claims, losses, or remedies must be directed exclusively against the Host. The Guest’s rights against the Platform (if any) are strictly limited to the refund remedies (if applicable) set out in Section 6 of these Terms.
The Guest hereby irrevocably waives, releases, and forever discharges Tashi Homes from any claims, demands, or causes of action in connection with the Host’s willful cancellation or refusal of the Booking due to the Host’s own fault.
If a Host is unable to honour a confirmed Booking for any reason, Tashi Homes will, on a best-efforts basis: (a) attempt to find a comparable alternative Homestay at no additional cost where reasonably possible, and (b) failing that, refund the full amount paid via the Platform within the timelines in Section 6. Tashi Homes' liability in such cases is limited to the amount paid through the Platform for that Booking, as further set out in Section 10.1.
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.
Intellectual Property
- •The Tashi Homes name, logo, and platform design are the intellectual property of Tashi Homes and may not be used without written permission.
- •Hosts grant Tashi Homes a non-exclusive, royalty-free licence to use Listing photographs and descriptions for marketing the Platform (including social media and promotional material), which the Host warrants they own or have rights to use.
- •User-generated content (reviews, photos) may be used by Tashi Homes for promotional purposes with attribution where reasonably practicable.
Dispute Resolution, Governing Law & Jurisdiction
- •These Terms are governed by the laws of India.
- •Parties will first attempt good-faith resolution through Tashi Homes' Grievance Officer (Section 9).
- •Failing resolution within 30 days, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed mutually, seat and venue at Subject to the arbitration clause, courts at Kolkata.
- •Nothing in this clause restricts a consumer's statutory right to approach the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, which remains available regardless of the arbitration clause.
Miscellaneous / General Provisions
- •Amendments: Tashi Homes may update these policies from time to time; material changes will be notified via email/in-app notice, and continued use after the effective date constitutes acceptance.
- •Severability: if any provision is held invalid, the remainder of these Terms continues in full force.
- •Assignment: Tashi Homes may assign these Terms in connection with a merger, acquisition, or sale of assets; Users/Hosts may not assign their rights without Tashi Homes' consent.
- •Entire Agreement: these Terms, together with the specific policies referenced, constitute the entire agreement between the parties regarding Platform use.
- •Notices: official communications will be sent to the registered email/phone on file; Tashi Homes' contact details and registered address will be published on the Platform once finalised.
Effective Date: [to be inserted upon publication]
Entity Name & Registered Address: [to be inserted once Tashi Homes' registration is finalised]