Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the Naushera Stays website, all booking enquiries, reservations, accommodation services, guest stays, facilities, amenities, and all associated services provided through or under the Naushera Stays brand.

By accessing the website, submitting a booking enquiry, making a reservation, remitting payment, entering a Property, or otherwise availing any services offered by Naushera Stays, the Guest acknowledges that they have read, understood, and agreed to be bound by these Terms.

2. Applicability

These Terms shall apply to:

• (a) all visitors accessing the website;
• (b) all individuals making booking enquiries;
• (c) all persons making reservations;
• (d) all registered guests;
• (e) all accompanying guests, invitees, occupants, and persons entering any Property pursuant to a reservation; and
• (f) any individual using facilities, amenities, services, or common areas provided by Naushera Stays.

The person making the reservation shall be responsible for ensuring that all accompanying guests are aware of and comply with these Terms.

3. Definitions

For the purposes of these Terms:

“Booking” means a reservation request that has been accepted and confirmed by Naushera Stays.

“Guest” means the person making the reservation together with all accompanying persons occupying or accessing the Property pursuant to such reservation.

“Property” means any accommodation, villa, cottage, retreat, residence, facility, or hospitality offering operated, administered, marketed, or managed under the Naushera Stays brand.

“Website” means the official website of Naushera Stays and any digital platform, webpage, communication channel, or online interface used for reservations or guest communication.

“Security Deposit” means the refundable amount collected by Naushera Stays as security against damage, loss, misconduct, excessive cleaning requirements, or any breach of these Terms.

“House Rules” means any rules, policies, instructions, notices, operational guidelines, safety advisories, occupancy requirements, or guest conduct requirements communicated by Naushera Stays before, during, or after a reservation.

4. Acceptance of Terms

Access to the Website, submission of a booking enquiry, remittance of payment, or occupation of a Property shall constitute acceptance of these Terms.

Any Guest who does not agree to these Terms must refrain from using the Website, making reservations, or occupying any Property operated under the Naushera Stays brand.

5. Eligibility

The primary Guest making a reservation must be at least eighteen (18) years of age.

By making a reservation, the Guest represents and warrants that:

• (a) they possess the legal capacity to enter into a binding agreement;
• (b) all information provided is true, accurate, complete, and current;
• (c) they are authorised to make the reservation on behalf of all accompanying guests;
• (d) all accompanying guests shall comply with these Terms; and
• (e) they shall comply with all applicable laws, regulations, governmental requirements, and local rules during the stay.

Naushera Stays reserves the right to refuse, suspend, cancel, or terminate any reservation where false, misleading, incomplete, fraudulent, or inaccurate information has been provided.

6. Nature of Services

Naushera Stays provides hospitality and accommodation services only.

Nothing contained on the Website or communicated by Naushera Stays shall be construed as creating any tenancy, leasehold interest, proprietary right, partnership, agency relationship, employment relationship, or other legal interest in favour of any Guest.

The stay granted to a Guest constitutes a temporary and revocable licence to occupy the Property for the approved reservation period.

7. Uniform Application of Terms

These Terms apply uniformly to all accommodation properties marketed, managed, administered, or operated under the Naushera Stays brand unless expressly stated otherwise in writing.

8. Guest Responsibility for Accompanying Persons

The primary Guest shall remain fully responsible for:

• (a) all accompanying guests;
• (b) minors;
• (c) any person occupying or accessing the Property pursuant to the reservation.

Any act, omission, misconduct, negligence, breach of these Terms, damage, nuisance, or unlawful conduct by any accompanying person shall be deemed to be the act of the primary Guest.

9. Right to Refuse Reservations and Accommodation

Naushera Stays reserves the right, at its sole discretion and subject to applicable law, to refuse, decline, suspend, cancel, or terminate any reservation, deny accommodation, restrict access to the Property, or require a Guest to vacate the Property where reasonably necessary for legal, operational, safety, security, reputational, administrative, commercial, or other legitimate business reasons.

The exercise of any right under this Clause shall not, by itself, constitute a breach of these Terms and shall be without prejudice to any other rights or remedies available to Naushera Stays under these Terms or applicable law.

10. Modification of Terms

Naushera Stays shall be entitled to amend, modify, update, replace, or revise these Terms from time to time.

Any modifications shall become effective upon publication on the Website unless otherwise specified.

Reservations confirmed prior to the effective date of any modification shall generally remain governed by the Terms in force at the time of confirmation unless the modification is required by law, public safety considerations, governmental directives, or operational necessity.

11. Compliance with Applicable Laws

Guests shall comply at all times with all applicable laws, regulations, governmental directions, public health requirements, local authority requirements, licensing conditions, and lawful orders applicable to the Property, their stay, and their conduct.

Any breach of applicable law by a Guest shall constitute a breach of these Terms and may result in the suspension or termination of the stay, refusal of accommodation, removal from the Property, reporting to the relevant authorities, or such other action as Naushera Stays may reasonably consider necessary.

12. Guest Acknowledgements

By making a reservation, accessing a Property, or availing any service offered by Naushera Stays, the Guest acknowledges and agrees that:

• i. the Guest has had a reasonable opportunity to read and understand these Terms;
• ii. the Guest enters into the reservation voluntarily and accepts the rights, obligations, limitations, exclusions, and responsibilities contained in these Terms;
• iii. the Guest is responsible for ensuring that all accompanying persons are informed of and comply with these Terms;
• iv. the Guest has independently assessed the suitability of the Property and accommodation for their intended stay and requirements;
• v. the Guest understands that hospitality services are subject to operational requirements, availability constraints, weather conditions, third-party services, and circumstances beyond the reasonable control of Naushera Stays; and
• vi. these Terms form a legally binding agreement governing the reservation, occupation, and use of the Property.

13. Booking Enquiries

All reservations shall commence through a booking enquiry submitted through the Website, electronic communication, telephone communication, messaging platform, or such other channels as may be designated by Naushera Stays from time to time.

Submission of a booking enquiry shall not constitute a confirmed reservation and shall not create any contractual obligation on the part of Naushera Stays.

All reservations remain subject to:

• (a) availability;
• (b) verification of guest information;
• (c) compliance with these Terms;
• (d) acceptance by Naushera Stays; and
• (e) receipt of the applicable payment.

14. Reservation Confirmation

A reservation shall be deemed confirmed only when:

• (a) Naushera Stays has expressly accepted the reservation request; and
• (b) the required payment has been successfully received.

Until confirmation has been issued, Naushera Stays shall be under no obligation to hold inventory, reserve accommodation, block dates, or guarantee availability.

Naushera Stays shall be entitled to decline, reject, refuse, suspend, or cancel any reservation request where reasonably necessary for operational, legal, safety, security, reputational, administrative, or business reasons.

15. Accuracy of Booking Information

Guests shall provide complete, accurate, and current information during the reservation process.

Naushera Stays shall not be responsible for any loss, cancellation, denial of accommodation, or inconvenience arising from inaccurate, incomplete, misleading, fraudulent, or outdated information provided by the Guest.

Where any information supplied by a Guest is found to be false, misleading, fraudulent, incomplete, or inaccurate, Naushera Stays shall be entitled to cancel the reservation without liability.

16. Payment Terms

Unless otherwise agreed in writing, full payment of the booking amount shall be required prior to check-in.

No Guest shall be entitled to occupy, access, or use any Property unless all applicable charges have been paid in full.

Payments may be accepted through:

• a. bank transfer;
• b. UPI;
• c. such other payment methods as may be communicated by Naushera Stays.

Guests shall bear all applicable banking charges, transfer fees, currency conversion costs, intermediary charges, or other transaction-related expenses associated with payment.

17. Payment Verification

Naushera Stays reserves the right to verify the legitimacy, source, and authenticity of any payment received.

Where any payment is reversed, disputed, recalled, invalidated, or otherwise fails to clear, Naushera Stays may suspend or cancel the reservation, deny access to the Property, or pursue recovery of any outstanding amounts together with associated costs and expenses.

18. Security Deposit

A refundable Security Deposit equivalent to seven percent (7%) of the total booking value shall be payable at the time of booking.

The Security Deposit serves as security against:

• a. damage to the Property;
• b. theft or loss of property;
• c. excessive cleaning requirements;
• d. violations of House Rules;
• e. unauthorised occupancy;
• f. unlawful conduct;
• g. nuisance caused to neighbouring properties;
• h. breach of these Terms; and
• i. any financial loss suffered by Naushera Stays as a consequence of the Guest's actions or omissions.

The Security Deposit shall not operate as a limitation upon the Guest's liability and shall not restrict Naushera Stays from recovering amounts exceeding the Security Deposit.

19. Assessment of Damage

Where damage, loss, theft, excessive cleaning, repair requirements, replacement requirements, or other recoverable costs arise, Naushera Stays shall be entitled to assess and determine such loss based on all relevant information reasonably available to it, including inspections, photographs, quotations, invoices, expert assessments, and other supporting documentation.

The Guest agrees that such assessment may be conducted after check-out and that appropriate deductions may be made from the Security Deposit.

20. Refund of Security Deposit

Subject to inspection of the Property and adjustment for any applicable deductions, the refundable portion of the Security Deposit shall ordinarily be processed within seven (7) days following check-out.

Naushera Stays reserves the right to retain all or part of the Security Deposit pending completion of investigations relating to damage, misconduct, violations of House Rules, missing property, chargebacks, or other disputes.

21. Pricing

All rates displayed, quoted, communicated, advertised, or published by Naushera Stays are subject to change without prior notice until a reservation has been confirmed.

Once a reservation has been confirmed and payment has been accepted, the agreed booking rate shall ordinarily remain unchanged except where additional services, modifications, taxes, fees, or charges become applicable.

Unless expressly stated otherwise, all rates, tariffs, charges, and fees are exclusive of applicable taxes, levies, cesses, governmental charges, and statutory impositions. Guests shall be responsible for payment of all applicable taxes and statutory charges relating to their reservation and stay.

22. Pricing Errors and Technical Errors

Naushera Stays reserves the right to correct any pricing errors, technical errors, typographical errors, publication errors, system malfunctions, availability errors, or inadvertent inaccuracies appearing on the Website or communicated through any booking channel.

Where a reservation has been made on the basis of an obvious error, Naushera Stays may:

• a. cancel the reservation;
• b. offer a corrected rate;
• c. offer alternative dates; or
• d. provide an alternative accommodation option where available.

In such circumstances, Naushera Stays' liability shall be limited to the refund of amounts actually received.

23. Reservation Modifications

Any request to modify a reservation, including changes relating to dates, occupancy, guest details, duration of stay, or other booking particulars, shall be subject to availability and the sole discretion of Naushera Stays.

Submission of a modification request shall not constitute approval, and Naushera Stays reserves the right to accept, reject, or conditionally approve any such request.

Additional charges, revised rates, or modified booking conditions may apply to approved modifications.

24. Cancellation by Guest

All cancellation requests must be submitted in writing through the designated communication channels of Naushera Stays.

The following cancellation policy shall apply:

• (a) Cancellation thirty (30) days or more prior to the scheduled check-in date: The Guest shall be entitled to a refund of one hundred percent (100%) of the booking amount, subject to applicable deductions under these Terms.
• (b) Cancellation between fifteen (15) and twenty-nine (29) days prior to the scheduled check-in date: The Guest shall be entitled to a refund of fifty percent (50%) of the booking amount, subject to applicable deductions under these Terms.
• (c) Cancellation fourteen (14) days or less prior to the scheduled check-in date: No refund shall be payable.

25. Refunds

Any refund approved by Naushera Stays shall be processed after deduction of all applicable payment processing charges, banking fees, platform commissions, third-party transaction costs, administrative expenses, non-recoverable costs, and other amounts reasonably incurred in connection with the reservation.

Approved refunds shall ordinarily be processed within seven (7) business days. However, actual receipt of funds may be affected by banking systems, payment service providers, intermediary institutions, governmental restrictions, technical issues, or other circumstances beyond the reasonable control of Naushera Stays.

26. No-Shows

Failure to check in on the scheduled arrival date without prior written notice shall constitute a No-Show.

In the event of a No-Show, the reservation shall be deemed cancelled, all amounts paid shall be forfeited, and Naushera Stays shall be under no obligation to hold, reserve, or make available the accommodation beyond the scheduled arrival date.

No refund, credit, rescheduling, adjustment, or alternative accommodation shall be provided in respect of a No-Show unless expressly agreed by Naushera Stays in writing.

27. Cancellation by Naushera Stays

Naushera Stays reserves the right to refuse, suspend, cancel, modify, or terminate any reservation where reasonably necessary for operational, legal, safety, security, reputational, administrative, commercial, or other legitimate business reasons, including circumstances involving fraud, misrepresentation, payment irregularities, force majeure events, inability to provide accommodation, violations of these Terms, or any circumstance that may adversely affect the Property, its operations, guests, personnel, or lawful interests.

Where a reservation is cancelled by Naushera Stays for reasons not attributable to the Guest, Naushera Stays shall ordinarily refund the amounts received in respect of the reservation, less any non-recoverable third-party charges, costs, or expenses incurred in connection with the booking.

Nothing in this Clause shall require Naushera Stays to provide accommodation where doing so would be impracticable, unsafe, unlawful, or otherwise inconsistent with its legitimate operational requirements.

28. Right to Recover Outstanding Amounts

Naushera Stays reserves the right to recover from a Guest any outstanding amounts, damages, losses, liabilities, costs, expenses, legal fees, or other sums arising from or relating to the Guest's conduct, breach of these Terms, property damage, unlawful activity, or any other actionable act or omission.

All rights and remedies available to Naushera Stays under these Terms are cumulative and in addition to any rights or remedies available under applicable law.

29. Check-in and Check-out

Standard check-in time is 2:00 PM on the scheduled arrival date and standard check-out time is 11:00 AM on the scheduled departure date.

As a condition of check-in, Guests may be required to complete registration formalities, identity verification procedures, and any documentation required by applicable law or by Naushera Stays for operational, safety, or regulatory purposes.

Requests for early check-in or late check-out shall be subject to availability and may be approved, declined, or made subject to additional charges at the sole discretion of Naushera Stays.

Guests shall vacate the Property, remove all personal belongings, and complete any applicable departure formalities by the designated check-out time.

Unauthorised occupation beyond the applicable check-out time may result in additional charges and recovery of any losses, costs, or operational disruption incurred by Naushera Stays as a consequence of the delayed departure.

30. Identification Requirements

All Guests shall, upon request, provide valid government-issued identification and any other documentation reasonably required by Naushera Stays to verify identity, comply with applicable law, or satisfy operational, safety, security, or regulatory requirements.

Naushera Stays reserves the right to refuse accommodation, deny access to the Property, or cancel a reservation where identity cannot be satisfactorily verified or where any information or documentation provided is inaccurate, misleading, incomplete, altered, fraudulent, or otherwise unreliable.

31. Foreign Nationals

Foreign nationals shall be required to provide valid passports, visas, permits, travel documentation, and any other information required under applicable laws.

Guests shall remain solely responsible for maintaining valid travel documentation throughout their stay.

Naushera Stays shall not be responsible for any losses arising from a Guest's failure to comply with immigration, visa, registration, or governmental requirements.

32. Occupancy Restrictions

Only those individuals disclosed during the reservation process and approved by Naushera Stays shall be permitted to occupy, access, or use the Property. Guests shall not permit or facilitate the entry, occupation, accommodation, or use of the Property by any unauthorised person.

The maximum permitted occupancy for each Property is as follows:

• (a) Springfield: Ten (10) guests.
• (b) Rose Cottage: Fourteen (14) guests.

The applicable occupancy limit shall not be exceeded without the prior written consent of Naushera Stays.

Any breach of this Clause may result in additional charges, forfeiture of the Security Deposit, immediate termination of the stay, removal from the Property without refund, or any combination thereof, without prejudice to any other rights or remedies available to Naushera Stays under these Terms or applicable law.

33. Guest Conduct

Guests shall at all times conduct themselves in a manner that is lawful, respectful, and consistent with the quiet enjoyment, safety, security, and proper operation of the Property.

No Guest shall engage in any conduct which, in the reasonable opinion of Naushera Stays, is disruptive, offensive, abusive, threatening, unsafe, unlawful, or otherwise prejudicial to the Property, its occupants, neighbouring premises, surrounding community, or the legitimate interests and reputation of Naushera Stays.

Guests shall comply with all reasonable directions issued by Naushera Stays in connection with the management, operation, safety, security, preservation, or lawful use of the Property.

34. Peaceful Use of the Property

In the interests of preserving the quiet enjoyment, comfort, safety, and privacy of guests, neighbouring residents, and surrounding properties, quiet hours shall be observed between 10:00 PM and 6:00 AM.

During quiet hours, Guests shall refrain from any activity, conduct, noise, gathering, entertainment, or use of sound equipment that may reasonably be expected to disturb, inconvenience, or interfere with the peaceful enjoyment of the Property or neighbouring premises.

Naushera Stays reserves the right to require the immediate cessation of any activity that, in its reasonable opinion, is inconsistent with this Clause, and may take such further action as may be necessary to ensure compliance with these Terms.

35. Alcohol Consumption

The consumption of alcohol is permitted only in a lawful, responsible, and considerate manner.

Guests shall comply with all applicable laws and regulations relating to the possession, consumption, and service of alcoholic beverages. No Guest shall engage in conduct arising from alcohol consumption that is disruptive, unsafe, unlawful, offensive, or otherwise inconsistent with the peaceful use of the Property or the comfort and safety of others.

Naushera Stays reserves the right to restrict, suspend, or prohibit the consumption of alcohol where reasonably necessary to protect the safety of persons, the integrity of the Property, legal compliance, or the legitimate operational interests of Naushera Stays.

Intoxication shall not excuse or mitigate any breach of these Terms, and Guests shall remain fully responsible for their conduct and its consequences at all times.

36. Smoking Restrictions

Smoking is strictly prohibited within all indoor areas of the Property, including guest rooms, bathrooms, hallways, enclosed common areas, and any other internal spaces designated by Naushera Stays.

Any breach of this Clause may result in cleaning, deodorisation, restoration, repair, or other remediation charges, forfeiture of the Security Deposit, immediate termination of the stay, or any combination thereof, without prejudice to any other rights or remedies available to Naushera Stays under these Terms or applicable law.

Guests shall be liable for all losses, costs, damages, and expenses incurred by Naushera Stays as a consequence of any violation of this Clause.

37. Prohibited Substances

The possession, use, consumption, storage, trafficking, distribution, facilitation, concealment, or handling of any illegal narcotic substance, psychotropic substance, prohibited drug, contraband item, or other unlawful substance is strictly prohibited at all Properties.

Naushera Stays reserves the right to immediately terminate a stay, deny future reservations, remove Guests from the Property, retain applicable deposits pending investigation, and cooperate with law enforcement authorities where prohibited substances are discovered, observed, reported through credible information, or reasonably believed by Naushera Stays on objective grounds to be present.

Guests shall remain solely responsible for all legal consequences arising from their conduct. Any losses, liabilities, penalties, claims, investigations, proceedings, legal expenses, professional costs, recovery costs, reputational harm, or damages incurred by Naushera Stays arising directly or indirectly from a Guest's involvement with prohibited substances shall be recoverable from the Guest on a full indemnity basis.

No refund or compensation shall be payable where action is taken pursuant to this Clause.

38. Safety and Use of the Property

Guests acknowledge that the Property is situated within a natural environment and may include gardens, lawns, pathways, steps, uneven surfaces, outdoor recreational areas, bonfire facilities, and other features which require the exercise of reasonable care and caution.

Guests shall use the Property and all associated facilities, amenities, common areas, outdoor spaces, and recreational areas in a safe, responsible, and prudent manner and shall comply with all safety notices, warnings, directions, and reasonable instructions issued by Naushera Stays from time to time.

Guests shall be responsible for assessing the suitability of any activity, facility, area, or amenity for their own use and shall refrain from any conduct that may endanger themselves, other persons, animals, neighbouring properties, or the Property itself.

Parents, guardians, and accompanying adults shall remain solely responsible for the supervision, safety, conduct, and welfare of minors at all times while on the Property.

Nothing in these Terms shall be construed as transferring responsibility for the personal safety, supervision, or conduct of Guests to Naushera Stays, except to the extent required by applicable law.

39. Access to the Property

Naushera Stays reserves the right, at all reasonable times and without liability to the Guest, to access any accommodation unit, room, cottage, villa, common area, or other part of the Property where such access is reasonably necessary for operational, safety, security, maintenance, inspection, compliance, investigative, emergency, or property protection purposes.

Without limitation, access may be exercised for the purposes of responding to emergencies, addressing health or safety concerns, carrying out repairs or maintenance, conducting inspections, protecting persons or property, investigating suspected breaches of these Terms, complying with legal or regulatory requirements, or otherwise ensuring the proper management and operation of the Property.

Except where immediate access is reasonably required, Naushera Stays shall endeavour to minimise disruption to Guests and, where practicable, provide prior notice of entry.

Guests acknowledge and agree that reasonable access exercised in accordance with this Clause shall not constitute a breach of privacy, interference with occupation, or any entitlement to compensation, refund, or damages.

40. Suspension, Termination and Removal

Naushera Stays reserves the right, at its sole discretion and without liability, to suspend, terminate, curtail, or cancel a Guest's stay, deny access to the Property, or require the immediate departure of any Guest whose conduct is, or is reasonably considered to be, unlawful, unsafe, disruptive, abusive, fraudulent, misleading, inappropriate, or otherwise inconsistent with these Terms, the House Rules, the proper operation of the Property, or the legitimate interests of Naushera Stays.

Without limitation, such action may be taken where a Guest breaches these Terms, violates applicable law, provides false or misleading information, causes or threatens damage to property, creates a safety or security risk, brings unauthorised persons onto the Property, engages in abusive, threatening, violent, offensive, or disorderly conduct, interferes with the quiet enjoyment of others, or otherwise acts in a manner prejudicial to the Property, its occupants, neighbouring premises, or the reputation and operations of Naushera Stays.

Where action is taken pursuant to this Clause, the Guest shall not be entitled to any refund, compensation, reimbursement, damages, alternative accommodation, or other remedy arising from the suspension, termination, cancellation, or curtailment of the stay.

Any action taken under this Clause shall be without prejudice to the right of Naushera Stays to recover damages, losses, liabilities, penalties, legal costs, professional fees, expenses, or any other amounts arising from or connected with the Guest's conduct.

Naushera Stays further reserves the right to immediately remove any Guest from the Property and deny future reservations where prohibited substances are discovered, observed, reported through credible information, or reasonably believed by Naushera Stays on objective grounds to be present at the Property, without refund and without prejudice to any other rights or remedies available under these Terms or applicable law.

41. Care and Use of the Property

Guests shall use the Property and all associated accommodation, facilities, amenities, furnishings, fixtures, equipment, outdoor areas, recreational spaces, and common areas with due care, prudence, and respect for the Property, its occupants, and its surroundings.

No Guest shall misuse, damage, remove, alter, interfere with, impair, or permit the misuse, damage, alteration, or impairment of any part of the Property or any asset, facility, amenity, or equipment made available by Naushera Stays.

Guests acknowledge that use of the Property and its facilities is undertaken at their own risk and shall at all times remain subject to these Terms, the House Rules, and any safety notices, operational requirements, or reasonable directions communicated by Naushera Stays from time to time.

Any misuse of the Property or its facilities may result in the suspension of access to particular amenities, recovery of losses or damage, termination of the stay, forfeiture of the Security Deposit, or such other action as Naushera Stays may reasonably consider necessary to protect the Property and its legitimate interests.

42. Property Damage and Responsibility

Guests shall be fully responsible and liable for any loss, theft, damage, destruction, breakage, contamination, misuse, alteration, deterioration, vandalism, excessive cleaning requirements, or abnormal wear and tear affecting the Property and arising directly or indirectly from the acts, omissions, negligence, misconduct, or use of the Property by the Guest, accompanying guests, minors under their supervision, unauthorised persons introduced by the Guest, or any other person for whom the Guest is responsible.

This responsibility extends to all accommodation units, structures, fixtures, furnishings, fittings, equipment, appliances, installations, utilities, landscaping, gardens, outdoor areas, amenities, recreational facilities, common areas, and all other property, assets, or improvements forming part of, connected with, or otherwise associated with the Property.

Guests shall promptly notify Naushera Stays upon becoming aware of any damage, loss, defect, hazardous condition, or incident affecting the Property and shall take all reasonable steps to prevent further damage or loss.

The Guest shall remain liable irrespective of whether the damage is intentional, accidental, foreseeable, or caused by a failure to exercise reasonable care and supervision.

Nothing in this Clause shall limit the right of Naushera Stays to recover the full cost of repair, restoration, replacement, remediation, cleaning, reinstatement, or any other loss, damage, expense, or liability arising from the relevant incident.

43. Recovery of Losses and Damage Costs

Where any loss, damage, contamination, deterioration, excessive cleaning requirement, repair requirement, replacement requirement, or other recoverable expense arises, Naushera Stays shall be entitled to recover from the Guest all reasonable costs, expenses, losses, and liabilities incurred in investigating, assessing, repairing, restoring, replacing, reinstating, cleaning, securing, remedying, or otherwise addressing the relevant incident.

The amount recoverable under this Clause may be determined by Naushera Stays on the basis of inspections, photographs, quotations, invoices, professional assessments, contractor reports, replacement valuations, internal assessments, or any other supporting documentation reasonably considered relevant in the circumstances.

The Security Deposit shall constitute a partial security only and shall not limit, restrict, or otherwise affect the right of Naushera Stays to recover the full amount of any loss, damage, cost, expense, liability, or claim arising from the relevant incident.

To the extent that the recoverable amount exceeds the Security Deposit, the Guest shall remain liable for the balance and shall reimburse Naushera Stays upon demand.

44. Restoration and Additional Cleaning Costs

Where the condition of the Property upon check-out necessitates cleaning, restoration, remediation, sanitisation, waste removal, or other corrective measures materially beyond the standard housekeeping and turnover requirements ordinarily associated with guest departures, Naushera Stays shall be entitled to recover all reasonable costs incurred in restoring the Property to the condition in which it ought reasonably to have been left.

Without limitation, such costs may arise from indoor smoking, staining, excessive littering, improper waste disposal, contamination, biohazards, damage caused by food, beverages, chemicals, or other substances, unauthorised decorations, or any other condition requiring extraordinary cleaning, repair, remediation, or restoration efforts.

The determination of whether additional cleaning or restoration is required, and the extent thereof, shall be made by Naushera Stays acting reasonably, having regard to the condition of the Property upon check-out and the standard reasonably expected of departing guests.

45. Natural Environment and Assumption of Risk

Guests acknowledge that the Properties are situated within a natural mountain environment in Himachal Pradesh and that the condition, accessibility, and use of the Property may be affected by terrain, elevation, vegetation, weather conditions, wildlife, insects, natural features, bonfire facilities, outdoor recreational areas, and other environmental factors beyond the control of Naushera Stays.

Guests further acknowledge that the use and enjoyment of mountain properties, outdoor spaces, gardens, lawns, pathways, steps, slopes, bonfire areas, and surrounding natural environments inherently involve risks that cannot be entirely eliminated through the exercise of reasonable care.

Such risks may include, without limitation, slips, trips, falls, weather-related incidents, wildlife encounters, insect bites, terrain-related hazards, fire-related incidents, transportation disruptions, utility interruptions, and other risks ordinarily associated with outdoor activities and natural environments.

By accessing or using any part of the Property, Guests voluntarily assume all such inherent risks and agree to exercise appropriate care, caution, judgment, and personal responsibility at all times.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any injury, illness, loss, damage, accident, delay, inconvenience, or other incident arising from the inherent characteristics of the natural environment, outdoor activities, weather conditions, terrain, bonfire facilities, wildlife, insects, or a Guest's failure to exercise reasonable care and judgment.

46. Bonfires and Fire Safety

Bonfire facilities may be made available by Naushera Stays on request and shall at all times remain subject to availability, weather conditions, fire-safety considerations, operational requirements, and the discretion of Naushera Stays.

Guests shall comply with all safety instructions, restrictions, and directions communicated in relation to the use of bonfire facilities and shall not light, maintain, modify, interfere with, or otherwise handle any fire, bonfire equipment, fuel source, or related installation except as expressly permitted by Naushera Stays.

No Guest shall introduce flammable, hazardous, explosive, or combustible materials into any bonfire area, leave any fire unattended, or engage in conduct that may create a risk of injury, property damage, fire spread, environmental harm, or danger to any person.

Participation in bonfire activities is entirely voluntary and undertaken at the Guest's own risk. Guests acknowledge that bonfire activities inherently involve risks, including burns, smoke exposure, fire-related injuries, accidental contact with heated surfaces, and other risks associated with open flames and outdoor fire features.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any injury, loss, damage, accident, or other consequence arising from the use or misuse of bonfire facilities, failure to comply with safety instructions, or the inherent risks associated with open fires and outdoor fire-related activities.

Naushera Stays reserves the right to suspend, discontinue, restrict, or prohibit the use of any bonfire facility at any time where it reasonably considers such action necessary for safety, legal compliance, property protection, weather-related concerns, or operational reasons.

47. Amenities and Services

Naushera Stays shall use reasonable efforts to maintain the availability and functionality of the amenities, facilities, services, recreational features, and common areas offered at its Properties.

Guests acknowledge that the availability, condition, accessibility, or functionality of any amenity, facility, service, recreational feature, outdoor area, or common space may be affected, restricted, suspended, modified, delayed, or discontinued from time to time due to maintenance requirements, safety considerations, weather conditions, operational needs, legal or regulatory requirements, utility interruptions, force majeure events, third-party service failures, or other circumstances beyond the reasonable control of Naushera Stays.

Naushera Stays reserves the right to modify, restrict, suspend, replace, discontinue, or substitute any amenity, facility, service, or feature where reasonably necessary for operational, safety, legal, maintenance, commercial, or business reasons.

The temporary or permanent unavailability of any amenity, facility, service, recreational feature, or common area shall not, by itself, constitute a breach of these Terms or entitle a Guest to cancellation, refund, compensation, damages, reimbursement, or any other remedy, except to the extent required by applicable law.

48. Utilities and Connectivity

Naushera Stays does not warrant or guarantee the uninterrupted, continuous, error-free, or fault-free availability of electricity, water supply, internet connectivity, mobile network coverage, backup systems, or other utility and communication services at the Property.

Guests acknowledge that the availability and quality of such services may be affected by weather conditions, geographical location, infrastructure limitations, maintenance requirements, utility provider disruptions, technical failures, governmental actions, force majeure events, or other circumstances beyond the reasonable control of Naushera Stays.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any interruption, reduction, delay, fluctuation, degradation, or unavailability of utility or connectivity services, nor for any inconvenience, loss, expense, or consequential impact arising therefrom.

The existence of any backup system shall not be construed as a guarantee of uninterrupted service, continuous operation, or uninterrupted availability.

49. Personal Property and Valuables

Guests shall remain solely responsible for the custody, security, supervision, and protection of their personal belongings, valuables, cash, jewellery, electronic devices, travel documents, vehicles, and all other personal property brought onto or stored at the Property.

Unless expressly agreed in writing, Naushera Stays does not assume custody of, responsibility for, or control over any personal property belonging to a Guest and does not provide secure deposit, storage, safekeeping, or custodial services.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any loss, theft, damage, deterioration, misplacement, destruction, unauthorised access, or disappearance of personal property, whether occurring within accommodation units, common areas, parking areas, outdoor spaces, or elsewhere on the Property.

Guests are encouraged to take appropriate precautions for the safekeeping of their belongings and shall promptly report any incident affecting personal property to Naushera Stays.

50. Lost, Abandoned and Unclaimed Property

Any personal property left behind, abandoned, forgotten, or otherwise remaining at the Property following a Guest's departure may, at the discretion of Naushera Stays, be retained for such period as Naushera Stays considers reasonable in the circumstances.

Naushera Stays shall not be under any obligation to identify ownership, safeguard, preserve, insure, store, maintain, forward, return, or otherwise deal with any such property and accepts no responsibility for any loss, deterioration, damage, destruction, or disposal thereof.

Where Naushera Stays agrees, as a courtesy and not as an obligation, to return any item, all packaging, handling, storage, insurance, courier, transportation, administrative, and associated costs shall be borne exclusively by the Guest and may be required to be paid in advance.

Any property that remains unclaimed after the retention period determined by Naushera Stays may be disposed of, donated, destroyed, transferred, or otherwise dealt with in such manner as Naushera Stays considers appropriate, without liability to the Guest or any other person.

51. Guest Indemnity

The Guest shall indemnify, defend, and hold harmless Naushera Stays, its owners, operators, representatives, employees, managers, affiliates, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, penalties, fines, losses, damages, costs, expenses, judgments, settlements, and obligations of whatsoever nature, including reasonable legal fees, professional fees, expert costs, and enforcement expenses, arising out of, relating to, connected with, or resulting from:

• (a) any breach of these Terms, the House Rules, or any applicable law;
• (b) any act, omission, negligence, misconduct, recklessness, wilful misconduct, or unlawful conduct of the Guest or any person accompanying, visiting, introduced by, or otherwise connected with the Guest;
• (c) any loss of, damage to, misuse of, interference with, or unauthorised use of the Property or any asset, facility, amenity, or equipment situated thereon;
• (d) any personal injury, illness, death, property damage, nuisance, disturbance, complaint, claim, or liability arising from the conduct, actions, or presence of the Guest or any person for whom the Guest is responsible;
• (e) any unauthorised occupancy, access, entry, use, possession, or continued occupation of the Property;
• (f) the possession, use, storage, trafficking, distribution, facilitation, concealment, or presence of any prohibited substance, contraband item, unlawful material, or illegal activity at the Property;
• (g) any investigation, enforcement action, regulatory proceeding, prosecution, governmental action, legal proceeding, third-party claim, reputational harm, adverse publicity, or liability arising directly or indirectly from the acts, omissions, conduct, or presence of the Guest or any person for whom the Guest is responsible.

The Guest's obligations under this Clause shall apply irrespective of whether the relevant claim, loss, liability, or expense is asserted by a governmental authority, neighbouring property owner, service provider, third party, guest, occupant, visitor, employee, contractor, or any other person.

This indemnity shall survive the completion, cancellation, suspension, termination, or expiry of the reservation and stay and shall be in addition to, and not in substitution for, any other rights, remedies, or recovery available to Naushera Stays under these Terms or applicable law.

52. Recovery of Enforcement Costs

Where Naushera Stays incurs any cost, expense, liability, or professional charge in connection with enforcing these Terms, investigating misconduct, recovering outstanding amounts, responding to claims, addressing property damage, pursuing legal remedies, complying with regulatory requirements, or otherwise protecting its rights and interests as a consequence of a Guest's conduct or breach of these Terms, the Guest shall reimburse Naushera Stays for all reasonable costs and expenses so incurred.

Such recoverable amounts may include legal fees, professional fees, consultant fees, expert costs, court fees, arbitration or dispute-resolution costs, investigation expenses, recovery costs, administrative expenses, and all other reasonably incurred enforcement-related expenditures.

The rights contained in this Clause are in addition to, and shall not limit, any other right of recovery, indemnity, damages, or remedy available to Naushera Stays under these Terms or applicable law.

53. Cumulative Remedies

The rights, powers, discretions, protections, and remedies conferred upon Naushera Stays under these Terms are cumulative, non-exclusive, and in addition to any rights, remedies, powers, protections, or causes of action available under applicable law, equity, contract, statute, common law, or otherwise.

The exercise, partial exercise, delay in exercising, or failure to exercise any right, power, discretion, or remedy shall not constitute a waiver thereof, nor shall it prevent, restrict, impair, or otherwise affect the subsequent or concurrent exercise of the same or any other right, power, discretion, or remedy.

Naushera Stays may pursue, invoke, enforce, or rely upon multiple rights and remedies simultaneously or successively and shall not be required to elect between remedies where more than one remedy is available in relation to the same matter, event, breach, loss, claim, or circumstance.

Without limitation, the exercise of any right relating to cancellation, termination, suspension, forfeiture, removal of a Guest, recovery of amounts, indemnification, damages, or enforcement action shall not prejudice or limit any other right or remedy available to Naushera Stays under these Terms or applicable law.

54. Limitation of Liability

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any indirect, incidental, consequential, special, punitive, exemplary, economic, or non-direct loss, damage, cost, expense, or liability arising out of or in connection with any reservation, stay, use of the Property, use of the Website, accommodation service, amenity, facility, activity, or any matter governed by these Terms.

Without limitation, Naushera Stays shall not be liable for any loss of enjoyment, loss of opportunity, loss of business, loss of profits, travel disruption, transportation delays, personal inconvenience, disappointment, distress, interruption of plans, or similar consequences arising from circumstances beyond its reasonable control or from the ordinary incidents associated with travel, hospitality services, mountain environments, outdoor activities, weather conditions, utility interruptions, or third-party services.

Guests acknowledge that the Property is offered subject to the limitations, conditions, disclosures, and risk allocations contained in these Terms and that the pricing of accommodation and services reflects such allocation of risk between the parties.

Nothing in these Terms shall exclude, restrict, or limit any liability that cannot lawfully be excluded or limited under applicable law.

55. Service Availability and Interruptions

Naushera Stays shall use reasonable efforts to provide accommodation, facilities, amenities, utilities, and services in accordance with its operational standards. However, Guests acknowledge that the availability, continuity, quality, functionality, or accessibility of any accommodation service, amenity, facility, utility, internet connection, communication service, outdoor feature, bonfire arrangement, Website functionality, or other offering cannot be guaranteed at all times.

Temporary interruptions, restrictions, delays, reductions in service, or unavailability may occur as a result of maintenance requirements, repairs, upgrades, operational needs, weather conditions, utility provider disruptions, infrastructure limitations, safety considerations, governmental actions, technical failures, third-party service interruptions, force majeure events, or other circumstances beyond the reasonable control of Naushera Stays.

Guests further acknowledge that mountain properties and rural hospitality environments may be subject to occasional service fluctuations, connectivity limitations, transportation disruptions, weather-related constraints, and infrastructure-related interruptions that are inherent to the location and nature of the Property.

The occurrence of any temporary interruption, reduction, limitation, delay, suspension, or unavailability of a service, facility, amenity, utility, or feature shall not, by itself, constitute a breach of these Terms or entitle a Guest to cancellation, refund, compensation, damages, reimbursement, or any other remedy, except to the extent expressly required by applicable law.

56. Website Information and Representations

The Website and all content, information, photographs, descriptions, illustrations, specifications, amenities, facilities, pricing information, availability details, and other materials made available through it are provided for general informational purposes only and on an “as available” basis.

While Naushera Stays endeavours to ensure that Website content is accurate and reasonably up to date, it does not warrant or represent that any information appearing on the Website is complete, current, error-free, uninterrupted, or free from inaccuracies, omissions, technical errors, or typographical mistakes.

Guests acknowledge and agree that photographs, descriptions, amenities, views, furnishings, facilities, recreational features, outdoor spaces, landscaping, décor, and other aspects of a Property may vary from time to time due to seasonal conditions, weather, maintenance requirements, operational changes, upgrades, renovations, repairs, availability constraints, or other circumstances.

No photograph, description, illustration, amenity listing, or other Website content shall be construed as a guarantee, warranty, representation, or undertaking that a Property, facility, feature, view, service, or amenity will be identical, continuously available, or unchanged at the time of a Guest's stay.

Guests are encouraged to contact Naushera Stays directly should they require confirmation regarding any specific feature, amenity, facility, service, or accommodation detail prior to making a reservation.

57. Accommodation Conditions and Expectations

Naushera Stays shall use reasonable efforts to provide accommodation substantially consistent with the confirmed reservation. However, Guests acknowledge that the operation of a hospitality property necessarily involves ongoing maintenance, repairs, improvements, landscaping activities, operational adjustments, utility dependencies, neighbouring activities, weather-related conditions, and other circumstances that may affect the condition, appearance, accessibility, availability, or enjoyment of certain aspects of the Property from time to time.

Guests further acknowledge that minor variations in accommodation, furnishings, décor, landscaping, views, amenities, facilities, recreational features, or surrounding conditions shall not constitute a deficiency in the accommodation provided or a failure to perform the reservation.

Accordingly, the existence of such circumstances shall not, by itself, entitle a Guest to cancellation, compensation, damages, reimbursement, reduction of charges, or any other remedy, except to the extent expressly required under applicable law.

Nothing in this Clause shall be construed as a guarantee that all amenities, facilities, views, services, features, or surrounding conditions depicted, described, or expected at the time of booking will remain unchanged or continuously available throughout the Guest's stay.

58. Health, Safety and Medical Matters

Guests acknowledge that the Properties are situated within a natural mountain environment and may include outdoor spaces, gardens, lawns, pathways, steps, slopes, uneven terrain, natural vegetation, wildlife, insects, bonfire facilities, weather-related conditions, and other environmental features that may present inherent and unavoidable risks.

Guests are solely responsible for exercising appropriate care, caution, judgment, and personal responsibility while using the Property and shall take account of their own health, physical condition, mobility requirements, medical needs, allergies, sensitivities, and personal circumstances when accessing or using any part of the Property.

Guests further acknowledge that they are solely responsible for determining whether the Property, its facilities, terrain, location, climate, amenities, and surrounding environment are suitable for their individual medical, physical, mobility, accessibility, dietary, safety, or other personal requirements.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any injury, illness, allergic reaction, accident, slip, fall, medical condition, deterioration of health, disability, loss, damage, or other incident arising from or connected with a Guest's actions or omissions, failure to exercise reasonable care, failure to comply with instructions, misuse of facilities, naturally occurring environmental conditions, pre-existing medical conditions, or circumstances beyond the reasonable control of Naushera Stays.

In the event of illness, injury, accident, medical emergency, or other health-related incident, Naushera Stays may, as a courtesy and without obligation, assist in contacting emergency services, hospitals, healthcare providers, ambulance operators, local authorities, or other relevant third parties. Any such assistance shall be provided on a best-efforts basis only and shall not create any duty of care, guarantee, warranty, assumption of responsibility, or additional obligation on the part of Naushera Stays.

Guests acknowledge and agree that Naushera Stays is not a healthcare provider, does not provide medical services, and does not warrant the availability, response time, adequacy, suitability, quality, effectiveness, or outcome of any medical treatment, emergency response, healthcare service, transportation arrangement, or professional assistance obtained by or on behalf of a Guest.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any act, omission, delay, negligence, error, treatment outcome, transportation issue, service failure, or other conduct of any healthcare provider, hospital, ambulance operator, emergency responder, medical practitioner, authority, or other third party, nor for any consequence arising from a Guest's medical condition, treatment, emergency, or healthcare-related decision.

Guests are encouraged to maintain appropriate travel, medical, health, and personal insurance coverage commensurate with their individual circumstances and intended use of the Property.

59. Third-Party Services

Guests may, from time to time, obtain, arrange, utilise, or engage transportation services, taxi operators, guides, activity organisers, local vendors, caterers, delivery providers, event service providers, or other independent third-party service providers in connection with their stay.

Unless expressly stated otherwise in writing, all such third-party providers operate independently and are not employees, agents, representatives, affiliates, partners, or subcontractors of Naushera Stays. Any arrangement, booking, transaction, engagement, or interaction between a Guest and a third-party provider shall be solely between the Guest and the relevant provider.

Naushera Stays does not control, supervise, manage, endorse, guarantee, or assume responsibility for the conduct, performance, availability, safety, suitability, quality, pricing, legality, reliability, acts, omissions, delays, cancellations, losses, injuries, disputes, or outcomes associated with any third-party service.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any loss, damage, expense, injury, claim, dispute, inconvenience, delay, cancellation, or other consequence arising out of or connected with any third-party service or provider.

60. External Circumstances

Guests acknowledge that travel to, occupation of, and enjoyment of mountain properties may be affected by circumstances beyond the reasonable control of Naushera Stays, including weather conditions, road closures, traffic disruptions, transportation delays, public utility interruptions, local events, governmental actions, infrastructure limitations, community activities, and other external factors.

Naushera Stays shall not be liable for any inconvenience, disruption, delay, reduced enjoyment, interruption of travel plans, loss, expense, or other consequence arising from such circumstances.

Guests are solely responsible for making appropriate travel arrangements and allowing sufficient flexibility in their plans to account for conditions that may reasonably affect access to or enjoyment of the Property.

61. Force Majeure

Naushera Stays shall not be liable for any delay, interruption, suspension, cancellation, inability to perform, reduction of services, closure of facilities, or failure to fulfil any obligation arising from events beyond its reasonable control.

Force Majeure events include, without limitation, acts of God, natural disasters, floods, landslides, earthquakes, storms, adverse weather conditions, epidemics, pandemics, public health emergencies, governmental actions, changes in law, utility failures, telecommunications disruptions, labour disputes, civil unrest, transportation disruptions, shortages of supplies, infrastructure failures, and any other event or circumstance beyond the reasonable control of Naushera Stays.

Where a Force Majeure event occurs, Naushera Stays shall be entitled to suspend, restrict, modify, postpone, substitute, or cancel services, amenities, facilities, reservations, or operational activities to the extent reasonably necessary to respond to the relevant event, without liability except where otherwise required by applicable law.

62. Emergency Restrictions and Property Closures

Where, in the reasonable opinion of Naushera Stays, a Property or any part thereof becomes unsafe, inaccessible, unsuitable for occupation, materially impaired, or incapable of being operated in the ordinary course due to safety concerns, structural issues, governmental directives, public health considerations, weather events, utility failures, natural disasters, infrastructure disruptions, force majeure events, or any other circumstance affecting the safety, security, habitability, or operation of the Property, Naushera Stays may take such action as it reasonably considers necessary to protect persons, property, and operational interests.

Without limitation, Naushera Stays may suspend or restrict access to all or part of the Property, temporarily close facilities, modify accommodation arrangements, relocate Guests where reasonably practicable, postpone services, cancel reservations, require evacuation, or otherwise implement measures considered necessary in the circumstances.

Guests shall comply promptly with all directions, instructions, restrictions, evacuation requirements, safety measures, and operational decisions issued by Naushera Stays in connection with any such event.

Any action taken pursuant to this Clause shall not constitute a breach of these Terms and shall not, by itself, give rise to any entitlement to compensation, damages, reimbursement, loss-of-enjoyment claims, or other remedies except to the extent expressly required by applicable law.

63. Guest Conduct and Personal Responsibility

Guests remain solely and exclusively responsible for their conduct, actions, decisions, omissions, associations, possessions, activities, and compliance with applicable laws during and after their stay at the Property.

To the fullest extent permitted by applicable law, Naushera Stays shall not be liable for any loss, damage, injury, claim, complaint, investigation, enforcement action, arrest, detention, prosecution, penalty, regulatory action, legal proceeding, expense, or other consequence arising directly or indirectly from:

• a. any unlawful, negligent, reckless, disruptive, abusive, or otherwise improper conduct of a Guest;
• b. the possession, use, storage, transportation, concealment, distribution, or facilitation of any prohibited substance, contraband item, unlawful material, or restricted article;
• c. any breach of applicable law, regulation, governmental requirement, or public order obligation;
• d. the conduct, actions, omissions, or activities of any accompanying person, visitor, invitee, or other individual associated with the Guest;
• e. any dispute, complaint, claim, investigation, enforcement action, or proceeding arising from the conduct or presence of a Guest at the Property; or
• f. any act, omission, event, or circumstance attributable to the Guest whether occurring during, in connection with, or following the stay.

Guests acknowledge that they bear sole responsibility for the legal, financial, civil, regulatory, and criminal consequences of their conduct and that nothing contained in these Terms shall be construed as transferring such responsibility to Naushera Stays.

64. Statutory Rights and Severability

Nothing contained in these Terms shall be construed as excluding, restricting, limiting, or waiving any right, remedy, protection, guarantee, or obligation that cannot lawfully be excluded, restricted, limited, or waived under applicable law.

If any provision of these Terms is determined by a court, tribunal, or competent authority to be invalid, illegal, unenforceable, or ineffective in whole or in part, such provision shall, to the extent of the invalidity, illegality, unenforceability, or ineffectiveness, be deemed severed from these Terms and shall not affect the validity, legality, enforceability, or continued operation of the remaining provisions, which shall continue in full force and effect.

65. Survival

Any provision of these Terms which, by its nature, purpose, intent, or express wording, is intended to survive the completion, cancellation, suspension, termination, or expiry of a reservation or stay shall continue in full force and effect notwithstanding such completion, cancellation, suspension, termination, or expiry.

Without limitation, provisions relating to payment obligations, security deposits, indemnities, liability, limitations of liability, damage recovery, reimbursement obligations, legal and enforcement costs, intellectual property, dispute resolution, governing law, jurisdiction, guest conduct, investigations, claims, and all accrued rights, remedies, obligations, and liabilities shall survive and remain enforceable to the fullest extent permitted by law.

66. Intellectual Property

All content, materials, information, branding, and intellectual property appearing on or made available through the Website, the Properties, or any communication issued by Naushera Stays, including text, photographs, videos, images, logos, trademarks, trade names, service marks, graphics, illustrations, artwork, designs, layouts, property descriptions, promotional materials, marketing content, and other proprietary materials, are owned by or licensed to Naushera Stays and are protected under applicable intellectual property, copyright, trademark, and related laws.

Nothing contained in these Terms shall be construed as granting any Guest, visitor, or Website user any licence, right, title, interest, or permission to use, reproduce, exploit, modify, distribute, publish, display, commercialise, or otherwise deal with any intellectual property belonging to Naushera Stays except as expressly authorised in writing.

Without the prior written consent of Naushera Stays, no person shall reproduce, copy, download, republish, distribute, transmit, modify, create derivative works from, commercially exploit, or otherwise use any content, photograph, image, branding element, logo, design, property listing, or other proprietary material belonging to Naushera Stays.

Naushera Stays reserves all rights not expressly granted under these Terms and may pursue all legal and equitable remedies available in respect of any unauthorised use, infringement, misappropriation, or misuse of its intellectual property.

67. Website Usage Restrictions

Users shall access and use the Website only for lawful purposes and in a manner consistent with these Terms.

Without limitation, no person shall attempt to gain unauthorised access to any part of the Website, interfere with its operation or security, introduce malware, viruses, malicious code, or harmful software, circumvent security measures, overload systems, impersonate another individual, engage in unlawful activity, or otherwise use the Website in a manner that may impair its functionality, integrity, availability, or security.

Users shall not scrape, harvest, extract, collect, index, reproduce, monitor, copy, or otherwise obtain data, content, information, or materials from the Website through automated means, including bots, spiders, crawlers, scripts, or similar technologies, except where expressly authorised in writing.

Naushera Stays reserves the right to suspend, restrict, terminate, or block access to the Website and to pursue any legal, equitable, or other remedies available in respect of any actual or suspected misuse, unauthorised activity, security breach, or violation of these Terms.

68. CCTV and Security Monitoring

For the purposes of safety, security, incident management, crime prevention, property protection, and operational oversight, Naushera Stays may utilise CCTV systems and other security monitoring measures in selected common areas of the Properties.

Guests acknowledge and agree that common areas, entrances, exits, parking areas, external access points, and other non-private portions of the Properties may be subject to monitoring and recording from time to time.

No CCTV monitoring shall be intentionally conducted within private guest accommodation areas, bedrooms, bathrooms, or other areas where Guests may reasonably expect complete privacy.

Recordings may be accessed, retained, reviewed, used, disclosed, or provided where reasonably necessary for security purposes, incident investigations, insurance matters, legal proceedings, regulatory compliance, law enforcement requests, governmental requirements, or the protection of persons, property, and legitimate business interests.

By accessing or remaining at the Property, Guests acknowledge the existence of such monitoring and consent to the collection and use of recordings for the purposes set out in this Clause, subject to applicable law.

69. Electronic Communications

Guests acknowledge and agree that Naushera Stays may communicate electronically in connection with reservations, bookings, payments, confirmations, updates, notices, instructions, reminders, operational matters, customer support, and all other matters relating to the Property or these Terms.

Any communication transmitted by email, SMS, messaging application, booking platform, Website notification, or other electronic means shall be deemed validly delivered and received at the time of transmission, unless proven otherwise.

Guests are solely responsible for ensuring that the contact details provided by them remain accurate, current, and capable of receiving communications from Naushera Stays.

70. Assignment

Naushera Stays may assign, transfer, novate, subcontract, delegate, or otherwise deal with any of its rights, interests, obligations, or responsibilities under these Terms without obtaining the consent of any Guest.

Guests shall not assign, transfer, delegate, sublicense, novate, encumber, or otherwise dispose of any rights, interests, reservations, or obligations arising under these Terms without the prior written consent of Naushera Stays.

Any purported assignment, transfer, delegation, or disposition in breach of this Clause shall be void and of no effect.

71. No Tenancy or Property Rights

A reservation made through Naushera Stays grants the Guest a limited, temporary, personal, non-transferable, and revocable licence to occupy the Property solely for the approved booking period and subject at all times to these Terms.

Nothing contained in these Terms, any reservation, payment, communication, or occupation of the Property shall be construed as creating or conferring any tenancy, lease, licence coupled with an interest, easement, proprietary right, possessory right, protected occupancy right, or any other continuing legal or equitable interest in favour of a Guest.

Upon expiry, cancellation, suspension, or termination of a reservation, all rights of occupation shall immediately cease without the requirement of further notice.

72. Notices

Any notice, request, communication, complaint, cancellation request, claim, enquiry, or correspondence intended for Naushera Stays shall be submitted through the contact details published on the Website or otherwise notified by Naushera Stays from time to time.

Naushera Stays may provide notices, communications, disclosures, requests, reminders, confirmations, updates, or other correspondence by email, telephone, SMS, messaging applications, booking platform communications, Website notifications, or any other communication method reasonably utilised in the ordinary course of its operations.

Unless otherwise required by applicable law, any notice or communication sent in accordance with this Clause shall be deemed validly given and received upon transmission.

73. Relationship of Parties

Nothing contained in these Terms, any reservation, booking confirmation, payment, communication, course of dealing, or other arrangement between Naushera Stays and a Guest shall be construed as creating any partnership, joint venture, employment relationship, agency relationship, fiduciary relationship, franchise, association, tenancy, or other legal relationship beyond that of an accommodation provider and a Guest.

Neither party shall have any authority to bind, represent, act on behalf of, or incur any obligation in the name of the other except where expressly agreed in writing.

74. Waiver

No failure, delay, omission, relaxation, indulgence, or partial exercise by Naushera Stays of any right, remedy, power, discretion, privilege, or entitlement arising under these Terms or applicable law shall constitute or be construed as a waiver thereof.

No waiver shall be effective unless expressly made in writing by an authorised representative of Naushera Stays, and any waiver relating to a particular circumstance shall not constitute a continuing waiver or a waiver of any subsequent breach, default, event, or right.

The exercise of any right or remedy on one occasion shall not preclude or restrict the exercise of that or any other right or remedy on any future occasion.

75. Severability

If any provision of these Terms is determined by a court, tribunal, regulatory authority, or other competent body to be invalid, unlawful, unenforceable, or ineffective in whole or in part, such provision shall, to the extent necessary, be deemed severed from these Terms without affecting the validity, legality, enforceability, or continued operation of the remaining provisions.

The parties further intend that any such provision shall, where legally permissible, be interpreted, modified, or applied to the minimum extent necessary to preserve its commercial purpose and legal effect while remaining enforceable under applicable law.

76. Entire Agreement

These Terms, together with any reservation confirmation, booking details, policies, operational instructions, notices, disclosures, and written communications issued by Naushera Stays in connection with a reservation or stay, constitute the entire agreement between Naushera Stays and the Guest in relation to the subject matter hereof.

These Terms supersede and replace all prior discussions, negotiations, understandings, representations, statements, correspondence, promotional materials, and communications relating to the reservation, accommodation, Property, or services, whether oral or written.

The Guest acknowledges that, in entering into a reservation, they have not relied upon any representation, statement, assurance, warranty, or undertaking except as expressly set out in these Terms or in written communications issued by Naushera Stays.

77. Governing Law

These Terms, all reservations, stays, use of the Website, use of the Properties, and any dispute, claim, controversy, or matter arising out of or in connection therewith shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles.

78. Jurisdiction

Subject to applicable law, the courts at Chandigarh shall have exclusive jurisdiction over any dispute, claim, controversy, proceeding, action, or matter arising out of or relating to these Terms, any reservation, booking, stay, use of the Website, use of the Properties, accommodation services, or any legal relationship between Naushera Stays and a Guest.

The Guest irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on venue, territorial jurisdiction, inconvenience of forum, or similar grounds to the fullest extent permitted by applicable law.

Effective Date

These Terms shall become effective upon publication on the Website and shall apply to all reservations, enquiries, stays, and services thereafter.

By accessing the Website, submitting a reservation request, making payment, entering a Property, or availing any services offered under the Naushera Stays brand, the Guest confirms acceptance of these Terms in their entirety.