Terms & Conditions
AAALAY Property Solutions Private Limited offers rental accommodations and related services through its website www.AAALAY.co.in, as well as other platforms and mobile applications (collectively referred to as the “Site” and “Application”). By accessing and using the Services provided on the Site and Application, you are accepting and legally bound by the terms and conditions outlined in these Terms of Service (“Terms”). Whether or not you choose to become a registered user, your use of the Site and Application implies your agreement to comply with these Terms. If you do not agree with these Terms, you are not authorized to access the Site or Application. Failure to adhere to these Terms may result in civil and criminal penalties.
The Site, Application, and Services function as an online platform where hosts (as defined below) can create listings (as defined below) for accommodations (as defined below), and guests (as defined below) can discover and book these accommodations. You acknowledge and agree that AAALAY is not a participant in any agreements made between hosts and guests. AAALAY does not act as a real estate broker, agent, or insurer. AAALAY does not exert control over the behavior of hosts, guests, and other users of the Site, Application, and Services, including any accommodations, and explicitly disclaims all liability in this regard.
Key Terms
By registering for and/or using the Services in any manner, which includes visiting or browsing the Site, you are expressing your agreement to these Terms and Conditions. This also encompasses all other operational rules, policies, and procedures that may be periodically published on the Site by us. Each of these terms is incorporated by reference and may be updated without prior notice. Certain Services may have additional terms and conditions stipulated by us; your utilization of such Services is contingent upon adherence to those additional terms and conditions, which are considered part of these Terms and Conditions. These apply to all users of the Services, including contributors of content, information, and other materials or services, whether registered or not.
Modification
We retain the right, at our sole discretion, to alter or substitute any of these Terms and Conditions, or to modify, suspend, or terminate the Services (including, but not limited to, the accessibility of any feature, database, or content) at any time. This can be done by posting a notice on the Site or by notifying you through the Services, via email, or through another suitable method of electronic communication.
Eligibility
You affirm and guarantee that you are a minimum of 18 years old. If you are below the age of 18, you are strictly prohibited from using the Services, under any circumstances or for any reason.Moreover, the Services are provided exclusively for your individual use and are not intended for the benefit or use of any third party
How the Website, Application and Service Work?
The Site, Application, and Services are designed to facilitate the reservation of residential and other properties (“Accommodations”). Hosts include these Accommodations in Listings on the Site, Application, and Services. While you can view Listings as an unregistered visitor, to book an Accommodation or create a Listing, you must first register to create a AAALAY Account (defined below). AAALAY does not function as an owner or operator of properties, including but not limited to paying guest accommodations, hotel rooms, motel rooms, or other lodgings. Additionally, AAALAY is not a provider of properties, such as paying guest accommodations, hotel rooms, motel rooms, or other lodgings, and does not own, sell, resell, furnish, provide, rent, re-rent, manage, or control such properties. AAALAY’s role is purely to facilitate the availability of the Site, Application, and Services. AAALAY is not a contracting agent or representative of any Host. Instead, AAALAY’s role is to enable the availability of the Site, Application, and Services for Members and provide related services.
PLEASE BE AWARE, AS MENTIONED EARLIER, THAT THE SITE, APPLICATION, AND SERVICES ARE DESIGNED TO FACILITATE ACCOMMODATION BOOKINGS. AAALAY LACKS THE ABILITY TO CONTROL THE CONTENT WITHIN ANY LISTINGS AND CANNOT ENSURE THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS. AAALAY DOES NOT ASSUME RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY RELATED TO, ANY LISTINGS AND ACCOMMODATIONS. THEREFORE, ANY BOOKINGS ARE MADE ENTIRELY AT THE GUEST’S OWN RISK.
No Endorsement
AAALAY does not endorse any Members or Accommodations. Furthermore, while these Terms mandate that Members provide accurate information, we do not attempt to verify, and explicitly do not verify, any Member’s claimed identity.By utilizing the Site, Application, or Services, you acknowledge that any legal recourse or liability you seek for the actions or omissions of other Members or third parties will be restricted to a claim against the specific Members or third parties responsible for the harm. You also agree not to endeavor to hold AAALAY liable or seek legal remedies from AAALAY in relation to such actions or omissions.The fees presented in each Listing include the Accommodation Fees (defined below) and the Guest Fees (defined below). In some cases, Taxes may be added on top of the Accommodation Fees and Guest Fees. The term “Total Fees” in these Terms collectively refers to the Accommodation Fees, Guest Fees, and applicable Taxes. Specifically related to a Host’s Accommodation, the amounts owed by a Guest are solely the “Accommodation Fees.” It’s important to emphasize that the determination of Accommodation Fees is made by the Host, not AAALAY.
Security Deposits
Hosts have the option to include security deposits in their accommodation listings (“Security Deposits”). Each listing will specify whether a Security Deposit is mandatory for the respective accommodation. If a confirmed booking includes a Security Deposit, AAALAY will make reasonable efforts to secure a pre-authorization on the guest’s credit or debit card for the amount determined by the host as the Security Deposit. This pre-authorization will be obtained within a reasonable timeframe before the guest’s check-in at the host’s accommodation. Further flat deduction shall be Rs.1500/-
Services Fee
As compensation for delivering the Services, AAALAY obtains service fees from both Hosts and Guests (“Service Fees”). These fees comprise two (2) elements: (i) Guest Fees and (ii) a fee imposed on the Host, calculated as a percentage of the Accommodation Fees (“Host Fees”). In addition to Host Fees, Taxes may be applicable. Host Fees are subtracted from the Accommodation Fees before disbursing the Accommodation Fees to the Host, a process completed within 24 hours of the Guest’s arrival at the relevant Accommodation.
Guest Fees, as mentioned earlier, are encompassed within the Total Fees. Remaining amounts will be transferred to Hosts through check, PayPal, direct deposit, or alternative payment methods outlined on the Site or through the Application, in the currency of choice selected by the Host. It’s important to acknowledge that for payments made by AAALAY in currencies other than INDIAN RUPEES, AAALAY may subtract foreign currency processing costs from such payments. Unless specified otherwise herein, Service Fees are non-refundable.
Donations
Certain Hosts may commit to contributing a portion of the funds received from confirmed bookings through the Site, Application, and Services to a specific cause or charity. We do not oversee, and disclaim any responsibility or liability for, the Host’s fulfillment of the pledged donation.
Taxes
AAALAY is not equipped to provide tax-related advice to any Members using the Site, Application, and Services. Moreover, it is essential to understand that each Host is individually accountable for ascertaining local indirect taxes and incorporating any relevant taxes to be collected or obligations related to applicable taxes in their Listings.
Damage to Accommodations
As a Guest, it is your responsibility to ensure that the Accommodation is left in the same condition as when you arrived. You recognize and agree that, as a Guest, you are accountable for your own actions and omissions, including those of any individuals you invite to or grant access to the Accommodation.You commit to covering the expenses for replacing damaged items with equivalent ones. Upon receiving notice of the claim and allowing forty-eight (48) hours for your response, the payment will be debited from the credit or debit card linked to your AAALAY Account. AAALAY reserves the right to charge the credit or debit card on file in your AAALAY Account, or collect payment by any means available to AAALAY, including utilizing Security Deposits. This applies to situations in which AAALAY, at its sole discretion, determines that you have caused damage to any Accommodation. It includes but is not limited to cases related to payment requests initiated by Hosts under the AAALAY Host Guarantee and payments made by AAALAY to Hosts.
Links
The Site, Application, and Services might include links to third-party websites or resources. You recognize and agree that AAALAY holds no responsibility or liability for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services offered on or through such websites or resources. The inclusion of links to such websites or resources does not constitute an endorsement by AAALAY of those websites or resources or the content, products, or services provided by them. You acknowledge your sole responsibility and assume all risks associated with your use of any such websites or resources, as well as the content, products, or services available on or through them.
Leave and License Agreement
A Leave and License Agreement (‘LLA’) is a legally binding document that acts as a valid contract and address proof, detailing the rights and responsibilities of both the Guest and the Host. Please be aware that for any legal document to hold evidentiary value, proper stamping is essential. Therefore, the Guest is required to pay an amount of …………………covering stamp duty, handling, and other miscellaneous charges for the execution of the LLA.
Proprietary Rights Notices
Feedback
We invite and appreciate your feedback, comments, and suggestions for enhancing the Site, Application, and Services (‘Feedback’). You can share Feedback by emailing us at AAALAY.india@gmail.com or through the Contact section of the Site and Application at www.AAALAY.co.in/contact-us. You acknowledge and agree that all Feedback becomes the sole and exclusive property of AAALAY. You hereby irrevocably assign and agree to irrevocably assign to AAALAY all your rights, title, and interest in and to all Feedback, including but not limited to worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights. Upon AAALAY’s request and at its expense, you will execute documents and undertake further actions as reasonably requested by AAALAY to help acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
AAALAY upholds copyright law and anticipates its users to adhere to the same standard. AAALAY’’s policy is to cease AAALAY Accounts of Members or other account holders if there is a belief, or if they are found to be repeatedly infringing the rights of copyright holders, in appropriate circumstances.
Indemnification
You are obligated to defend, indemnify, and absolve us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees. This responsibility arises from or is connected to your use or misuse of, or access to, the Services or Content, your violation of these Terms and Conditions, or any infringement by you or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.
Reporting Misconduct
In the event that you encounter or host an individual whom you perceive as behaving inappropriately, including but not limited to, (i) engaging in offensive, violent, or sexually inappropriate behavior, (ii) suspected of theft, or (iii) participating in any other unsettling conduct, it is imperative that you promptly report such person to the relevant authorities. Subsequently, you should also report the incident to AAALAY by contacting us with your police station and report number at AAALAY.india@gmail.com. Please note that your report does not impose any obligation on us to take action beyond what is required by law (if any) or incur any liability to you
Entire Agreement
These Terms constitute the complete and exclusive understanding and agreement between you and AAALAY regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made through the Site, Application, and Services. These Terms prevail over and replace any prior oral or written understandings or agreements between you and AAALAY concerning bookings or listings of Accommodations, the Site, Application, Services, Collective Content, and Referral Program.
Notices
Any notices or communications allowed or mandated under these Terms, including those pertaining to modifications to these Terms, will be in written form and delivered by AAALAY through (i) email (to the address you provide) or (ii) by posting on the Site or through the Application. For notices sent via email, the date of receipt will be considered the date on which the notice is transmitted.
Controlling Law and Jurisdiction: These Terms will be construed in accordance with the laws of the Jurisdiction of………………….., where the registered office of AAALAY is located, without regard to its conflict-of-law provisions. Both you and we consent to the personal jurisdiction of a court situated in ………………….
Contacting AAALAY
If you have any questions about these Terms or any App Store Sourced Application, please contact AAALAY at admin.@aaalay.com.