TERMS & CONDITIONS

GENERAL CLAUSES:

1. Bagicha Wilderness (“Bagicha”) is a company that provides hotels, resorts, lodges, villas, bungalows, farm houses, home stays, service apartments and/or their individual rooms to guests, on a short/long-term basis, under the brand name “Bagicha”. 

2. The Terms and Conditions below are applicable to all the guests or customers who make bookings for any of the Properties (defined below) or their individual rooms through our website, our mobile application, third-party websites or third-party applications or through any travel agents/third parties/advertisements/referrals, etc. (collectively “Booking Channels”). 

3. All guests should ensure to read and understand all the Terms and Conditions stated on our website before using this website and making a booking through any of the Booking Channels. These Terms and Conditions shall be applicable to guests making a booking through any of the Booking Channels. If you are not agreeable to any of these Terms and Conditions of Use, please do not use this website/Booking Channels and do not make a Booking for any of the Properties.

4. The Terms and Conditions are made readily accessible, clear, and easy to understand on the website and Booking Channels. Accordingly, by accessing, browsing, using the website/Booking Channels, or making a Booking, it shall be deemed that the user/visitor/guest has read, understood, accepted, and agreed to be bound by the said Terms and Conditions in their entirety. 

5. These Terms and Conditions are subject to change and Bagicha may at any time, without prior notice to you/ any guest, revise them and any other information contained in this website and/or any Booking Channel by updating these Terms and Conditions. 

6. Please note that the restated Terms and Conditions shall be effective immediately upon posting. Bagicha may also make improvements or changes in the services provided by it as described in this website/ Booking Channels at any time without notice. Therefore, you are advised to regularly check for any amendments or updates to these Terms and Conditions. If the changes are not agreeable to you, you must stop using the website. Your continuous use of this website will imply your acceptance of the changed terms.

7. Except where additional terms and conditions are provided, these Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Bagicha.

 

DEFINITIONS:

For the purpose of online as well as offline bookings made through our platform, the terms used in these Terms and Conditions have the following meaning:

(a) “Property/Properties” shall mean and include hotels, resorts, lodges, villas, bungalows, farm houses, home stays, service apartments, and/or their individual rooms available for booking on any of the Booking Channels.

(b) “Guest/Guests” refers to any individuals/ companies or other entities who express interest to make a booking in respect of any of the Properties through any Booking Channels. Guests may be referred to as you/your in the given context.

(c) “Booking” means a reservation made by any Guest in respect of any of the Properties for the purpose of stay.

(d) "Check-In" is the scheduled date and time on or before which the Guests shall be liable to comply with all the check-in formalities as required by Bagicha, and after completion of such formalities, the Guest shall be entitled to start using the concerned property.

(e) "Check-Out” is the scheduled date and time on which the Guest will have to vacate the concerned Property after completion of all the check-out formalities as required by Bagicha.

(f) “Booking Period” is the period between which the scheduled Check-In starts and the scheduled Check-Out ends

(g)   “Booking Amount” shall mean the total amount payable by the Guest to Bagicha for confirmation of the Booking through the registered mode of payment, as may be intimated by Bagicha to the Guest.

(h) “Booking Confirmation” shall mean the email/communication shared by Bagicha with the Guests upon receipt of 100% payment towards the booking of the Property and shall comprise of all the details of the Booking, Terms & Conditions governing the Booking, name and total number of Guests, Check-In and Check- Out details, name of Property, number of rooms at the Property, the Booking Amount payable and Security Deposit amount payable and specified due dates by which they are required to be paid/deposited. Bagicha shall not be liable to serve a Booking unless the entire Booking Amount is paid by the Guest/Guests to Bagicha through the registered mode of payment intimated by Bagicha to the Guest as stated herein, even though the Booking Confirmation may have been sent to the Guest. The Booking Confirmation along with proof of payment of the entire Booking Amount shall be required to be produced by Guests at the Property at the time of Check-In.

(i) "Security Deposit" is a refundable - amount required to be deposited by Guests on a case to case basis with Bagicha at the time of Check-in. The Security Deposit shall be utilized by Bagicha for any damages caused by the Guests/their pets to the Property and/or items/furniture therein and/or for recovery of any other charges levied by Bagicha on Guests.

(j) “Peak Days” includes long weekends, festive dates including but not limited to Diwali, Dussehra, Holi, Cultural and Gregorian New Years’, Christmas etc.

 

ACKNOWLEDGEMENT AND EXPRESS CONSENT:

1. The terms and conditions contained on Bagicha’s website herein, form a binding agreement between yourself and Bagicha with respect to the use of this website and the services hereunder, by you. By accessing, viewing, browsing, caching, storing and / or otherwise using our website or any of our services, applications, contents, functions through whatever platform and/or by completing a Booking, you acknowledge and agree to have read, understood and agreed to all the terms and conditions set out on the website (including the Privacy Policy) and agree to be bound by them.

2. These pages, the content and infrastructure of these pages, and the online accommodations reservation service through associated third-party service providers, provided on these pages and through the website (“the Service/s") are owned, operated and provided by www.bagichawilderness.com and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

 

ELIGIBILITY:

1. Use of our Booking Channels for making a Booking in respect of a Property is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract' within the meaning of the Indian Contract Act, 1872 are not eligible to use our Booking Channels to make a Booking in respect of a Property.

2. The Primary Guest must be at least 18 years of age to be able to check into the Bagicha Property. 

 

ACCESS AND INTERFERENCE FOR BOOKING MADE THROUGH ONLINE BOOKING PLATFORMS: 

1. Bagicha grants you non-exclusive and non-transferable, limited permission to access and display the web pages within this website on your personal computer or other platform. Your failure to comply with the terms, conditions and notices on this website will result in the automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Bagicha does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not copy any of the content from this website onto another website or in any other media. You hereby agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted via this website. You hereby confirm that no copying, reproduction, alteration, modification, creation of derivative works, or publicly displaying of any content will be done by you except with our prior written consent.

2. The information you provide to us shall not contain any viruses, including but not limited to, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

 

RIGHT OF ADMISSION AND CHECK-IN REQUIREMENTS:

1. Guests must provide Booking Confirmation, valid government ID-Proof and proof of full payment at the time of Check-In. All Guests must register their details as required by applicable laws and Bagicha policies. Bagicha may require a refundable security deposit at the time of Check-In, including but not limited to cases involving pets, extended stays, special requests, or group bookings. Such deposit may be adjusted against any damages, breakages, excessive cleaning charges, missing items, penalties, or any other dues arising during the stay in the respective property.  

2. Guests shall not be allowed to check in the Property before or at the time of Check- In unless they comply with all the requirements as prescribed. The guest in whose name the Booking has been made must be present at the time of Check-In unless Bagicha has been informed in writing at least twenty-four (24) hours in advance and has expressly approved such change or exception. In case the Guests do not comply with the prescribed requirements, no refund against Booking Amount/ Deposit paid by Guests or compensation of any kind of whatsoever nature or amount shall be claimable by Guests or due or payable by Bagicha to the Guests or anyone else. 

3. It is mandatory for all Guests above the age of 18 years to present valid original government-issued photo identification at the time of Check-In. Accepted identification includes Aadhaar Card, Driving License, Voter ID Card and Passport. PAN Card shall not be considered valid identification. In the absence of valid identification, Bagicha reserves the right to deny Check-In without any refund.

4. Guests must provide Booking Confirmation issued by Bagicha along with the proof/details of payment of the entire Booking Amount.

5. Guests shall enter name, address and other details of all the guests, including children, in the Guest Register kept at respective Properties and/ or maintained digitally.

6. No person below the age of 18 years (“Minor”) shall be permitted to make a Booking, check-in, stay at, or access the Property unless accompanied at all times by their parent, lawful natural guardian, or legally appointed guardian possessing valid government-issued identification and documentary proof of guardianship/relationship, as may be required by Bagicha. Under no circumstances shall a Minor be permitted to stay at the Property with any unrelated adult or person who is unable to satisfactorily establish lawful guardianship or authority over such Minor.  

7. In the event any Minor is found staying at the Property in violation of these Terms, including without a lawful parent/natural guardian/legal guardian, Bagicha and/or its authorized representatives shall have the right to immediately remove and evict such guests from the Property and inform the appropriate legal or law enforcement authorities, if deemed necessary. In such cases, all Booking Amounts, Deposits, and other amounts paid shall stand permanently forfeited, and no refund, compensation, damages, or claims of any nature whatsoever shall lie against Bagicha. 

8. At the time of Check In or during the stay, the total number of Guests along with visitors of the Guests shall not exceed the number as stated at the time of making the Booking. Bagicha may permit, at its sole discretion, additional persons to stay at the Property, at an additional cost. No additional persons will be allowed unless a written acceptance is issued by Bagicha.

9. Guests who have paid by online credit card will have to also sign a further authorisation at the property on arrival and present the original card.

10. Bagicha reserves the absolute right to refuse, cancel, revoke, or terminate any Booking, deny check-in, or immediately evict any guest from the Property, without prior notice, if it is found that false, misleading, incomplete, or incorrect information has been furnished at the time of Booking or check-in, including with respect to the age, identity, relationship, or guardianship status of any guest or any such non-compliance with these Terms, or inappropriate conduct.

 

OCCUPANCY AND CHILD POLICY:

1. Standard occupancy allows a maximum of two persons per room unless otherwise specified. Additional Guests may be permitted subject to availability and additional charges.

2. Children below 5 years may stay free when sharing existing bedding with parents (limited to 1 child only). Children between 5 and 12 years shall be charged at 50% discounted rates, and those above 12 years shall be treated as adults.

 

PRICING:

1. The tariff/rates for the Properties are dynamic in nature and are subject to change at any time based on availability, demand, seasonality, occupancy, promotions, and other commercial factors.Once a Booking is confirmed,  and the payment transaction is successfully completed, the rate selected at the time of Booking shall be final and binding, and no subsequent increase, decrease, modification, or fluctuation in rates shall entitle the guest to any refund, adjustment, credit, set-off, or claim of any nature whatsoever.

2. All promotional, discounted, special offer, campaign, sale, or restrictive rates are offered on a limited and conditional basis and shall be strictly non-cancellable and non-refundable, unless expressly stated otherwise in writing by Bagicha.

 

BOOKING-SPECIFIC TERMS:

Guests acknowledge that services, amenities and inclusions vary depending on the selected package. Only those services expressly mentioned in the Booking Confirmation shall be provided.

 

BOOKING CONFIRMATION: 

1. The Guests acknowledge and agree that completion of the Booking only on payment of one hundred percent (100%) of the Booking Amount shall constitute deemed confirmation of the stay in a particular property. 

2. By making the full payment and confirming the Booking, the Guest/s shall be deemed to have read, understood, and accepted all Booking details, Property rules, and applicable Terms and Conditions, and agree/s to comply with the same during the stay in the Property. 

3. It is clarified that Bagicha shall not be liable to serve a Booking unless the entire Booking Amount is paid by the Guest/Guests to Bagicha through the registered mode of payment intimated by Bagicha to the Guest/s. 

4. In the event a Booking is made from any third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals, the Guest/Guests should confirm the Booking with us. Bagicha shall not be liable to serve a Booking unless the entire Booking Amount is received by Bagicha through the registered mode of payment, even though the Booking Confirmation may have been sent to the Guest by such third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals and/or Bagicha. Further, in the event a Booking is made from any third party websites or third party applications or through any travel agents/third parties/ advertisements/ referrals, the terms and conditions of such third party shall also be applicable to the Guest/Guest and the Booking, in addition to the terms and conditions laid down by us in respect to the Booking. In the event any term/condition of such third party is inconsistent with the Terms and Conditions set out herein or intimated to the Guest/Guests by Bagicha, the Terms and Conditions of Bagicha shall prevail.

 

CHECK-IN AND CHECK-OUT TIMINGS: 

1. Check-In and Check-Out timings will be as mentioned in the Booking Confirmation. Bagicha may offer up to 4 hours of flexible early check-in or late check-out, subject to availability and operational convenience; however, this facility is complimentary and cannot be guaranteed. The same has to be confirmed and exercised by the guests at least 24 hours before the Day of Check-in. 

2. Bagicha recommends and encourages that the Guests  arrive at or after the scheduled Check-In time as mentioned in the Booking Confirmation, since early accommodation may not always be possible due to operational and housekeeping requirements. In case Guests arrive earlier and request access to the Property before the scheduled Check-In time, Bagicha may, subject to availability, accommodate such request with additional applicable charges, at its sole discretion. 

3. If an alternate Check-Out time is approved by Bagicha, it shall be clearly intimated in writing by Bagicha. Guests shall not occupy or stay in the Allotted Room/s beyond Check-Out time stated in the Booking Confirmation. If the Guests occupy the Room/s after the stipulated Check-Out time, the Guests may be charged an additional amount, as maybe decided by Bagicha. The guests are welcome to stay in the common areas of the property post the check-out.

4. In the case of villa bookings, Guests are required to arrive at the scheduled Check-In time and vacate the villa at the scheduled Check-Out time unless otherwise specifically approved by Bagicha in writing. Villa properties do not include access to common waiting or lounge areas before Check-In or after Check-Out.

5. Our Stays require a minimum 24 hours prior notice to organize an airport/station transfer

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ALL-DAY BREAKFAST :

1. Bagicha offers an all-day breakfast facility for the convenience and comfort of its Guests. Breakfast service shall be available throughout the day; however, the menu, selection of dishes, ingredients, and availability of specific items may vary depending on the time of day, kitchen operations, ingredient availability, seasonal menus, and operational requirements of the Property. 

2. Certain breakfast items may only be available during designated hours, and Bagicha reserves the right to modify, substitute, limit, or discontinue any item on the menu at its sole discretion without prior notice. 

 

INDEMNITY:

The Guests agree to indemnify, defend and hold harmless Bagicha, its owners, affiliates, employees, agents and representatives from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees) arising out of or in connection with breach of these Terms, misuse of the Property, any damage caused, or any unlawful or negligent act by the Guest or accompanying persons.

 

COMMUNICATION AND FEEDBACK:

Bagicha may contact Guests prior to Check-In to confirm arrival details and post-stay to obtain feedback or reviews.

 

USER TERMS:

While using this website, you acknowledge that you fully assume the risks of the transaction and you further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the accommodation that is the subject of the transaction(s).

 

ACCESSIBILITY:

Not all Properties may be suitable for guests requiring wheelchair access. Guests are advised to verify such requirements prior to Booking.

 

LIMITATION OF LIABILITY:

To the fullest extent permitted by law, Bagicha shall not be liable for any indirect, incidental or consequential damages. The total liability of Bagicha shall not exceed the Booking Amount paid. Bagicha shall not be liable for events beyond its control including acts of God, natural disasters, governmental actions or utility failures.

 

FORCE MAJEURE:

Bagicha shall not be liable for failure or delay in performance of its obligations if such failure arises due to events beyond its reasonable control, including but not limited to natural calamities, acts of God, war, pandemics, governmental restrictions, labour disputes or failure of utilities or infrastructure.

 

DISPUTE RESOLUTION AND ARBITRATION:

Any disputes, claims or differences in  regard to the Booking or in respect of any matters arising out of the Booking, shall be referred to arbitration of a sole arbitrator, whose decision shall be final and binding. The sole arbitrator shall be mutually appointed by the Parties. The Arbitration shall be held at Mumbai and shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration proceeding shall be conducted in English. Subject to the above arbitration provisions, the competent Courts in Mumbai, Maharashtra, India shall have the jurisdiction in the matter.

 

WAIVER:

Failure by Bagicha to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, nor shall it affect the validity of these Terms or the right of Bagicha to enforce the same at a later time.

 

GRIEVANCE REDRESSAL: 

Bagicha makes its best efforts to provide the best quality of services. However, if any person has any grievance with respect to any aspect / feature of the website, you may write to contact@bagichawilderness.com. All grievances shall be dealt with as soon as possible.

 

SUBMISSIONS: 

Any messages, notes, suggestions, ideas, notes, drawings, concepts or other material or information (collectively, the “Submissions”), which you may submit through or in connection with this website will become the exclusive property of Bagicha. Accordingly, you agree that we have the right to publish any Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In addition, you agree that you will not transmit any Submission which infringes upon the rights of any third party. In case of any damage or injury to anyone by your submissions, you admit your liability and release Bagicha from any responsibility.

 

SEVERABILITY:

If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

 

ENTIRE AGREEMENT:

These Terms and Conditions, along with the Booking Confirmation and Privacy Policy, constitute the entire agreement between the Guest and Bagicha and supersede all prior communications, representations or agreements and may be changed time and again without any prior intimation to the Guests.

 

GOVERNING LAW:

These Terms shall be governed by the laws of India. Courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction