Suspension of Listing
a) notwithstanding, anything to the contrary herein contained, www.oswalairtravels.com
reserves the right to suspend the www.oswalairtravels.com patron’s property and thereby
suspend access to all bookings for the property (received through the www.oswalairtravels.com
platform and / or other demand channels) till such time as the outstanding issues are resolved.
b) property may be suspended under the circumstances listed below or other such circumstances
as www.oswalairtravels.com deems fit:
failure of www.oswalairtravels.com patron to comply with the www.oswalairtravels.com
policies and the terms of this agreement;
any civil or criminal or tortious acts, commissions and omissions by the
www.oswalairtravels.com patron, its employees, representatives, independent contractors;
failure of www.oswalairtravels.com patron to comply with the applicable laws and regulations,
including but not limited to obtain requisite approvals as may be required to operate the property
or renewals thereof and/or maintain registers and records, etc.;
any inquiry / investigation against www.oswalairtravels.com patron or the property which is
pending with the law enforcement agencies or any government department;
risk of safety or security of www.oswalairtravels.com customers, www.oswalairtravels.com
employees, representatives, officials including but not limited to threat or assault;
ongoing business dispute with the www.oswalairtravels.com patron involving settlement and
reconciliation of accounts;
instances of force majeure that render a property unfit for receiving reservations from
www.oswalairtravels.com customers;
the property has a continued low guest experience score;
change in ownership of property or if the www.oswalairtravels.com patron fails to perform its
obligations under the ownership documents;
property is undergoing renovation;
www.oswalairtravels.com patron undertakes acts of disparagement towards the business and/ or
brand and/ or reputation and/ or goodwill of www.oswalairtravels.com ;
any information provided by the www.oswalairtravels.com patron to www.oswalairtravels.com
, including on www.oswalairtravels.com platform, is found to be false, misleading or inaccurate;
and
for any other reasons such as denial of check in to guests who have valid bookings/ reservations,
poor safety and hygiene etc
c) notwithstanding, www.oswalairtravels.com shall be absolved of all obligations under the
agreement for the duration in which the www.oswalairtravels.com patron’s property is
suspended. the www.oswalairtravels.com patron shall indemnify, defend and hold harmless
www.oswalairtravels.com , its officers, directors, employees, agents and assigns against all
losses, damages, liabilities, costs or expenses arising out of any actions, disputes, litigations
brought against www.oswalairtravels.com by (including but not limited to) any customer, private
or government authority on account of reasons that led to the www.oswalairtravels.com patron’s
property being suspended or issues that may arise at the www.oswalairtravels.com patron’s
property while the property is suspended.
Guest Stay Policies
the www.oswalairtravels.com patron shall communicate its guest stay policies to
www.oswalairtravels.com at the time of listing, which shall be evaluated by
www.oswalairtravels.com and implemented only in case the same are approved by
www.oswalairtravels.com . in such an event, the guest stay policies provided by the
www.oswalairtravels.com patron shall be applicable in addition to the www.oswalairtravels.com
policies related to guest bookings published by www.oswalairtravels.com . in case of any
inconsistency between the guest stay policies provided by the www.oswalairtravels.com patron
and the www.oswalairtravels.com policies, the www.oswalairtravels.com policies shall
prevail. any proposed changes by the www.oswalairtravels.com patron to its own policies shall
be communicated in advance to www.oswalairtravels.com and the www.oswalairtravels.com
customer, and will not be implemented without prior written consent of
www.oswalairtravels.com . the www.oswalairtravels.com patron confirms that it shall honour
all the commitments made in the booking voucher at all times.
Property Branding
the www.oswalairtravels.com patron, upon the execution of this agreement, shall install such
signage/branding and at such location, on the facade of the property, as may be instructed by
www.oswalairtravels.com . signages shall be placed as per www.oswalairtravels.com ’s
discretion depending upon the demographics and size of the property, in compliance with
applicable laws. the www.oswalairtravels.com patron shall be solely responsible for bearing
any and all costs associated with the affixation, removal of and any repair of damage caused to
such signage and other material. any applicable licenses required or taxes levied by the central,
state or local municipal authorities in this regard shall also be obtained / borne solely by the
www.oswalairtravels.com patron.
Value Added Services
www.oswalairtravels.com may offer to the www.oswalairtravels.com patron an option to avail
value added services on the prices, terms and conditions associated with such services. detailed
value added services terms and conditions can be found at [insert hyperlink on value added
services]. if the www.oswalairtravels.com patron opts for such value added services, it agrees to
pay the charges / fees set by www.oswalairtravels.com , which the www.oswalairtravels.com
patron acknowledges as a reasonable fee for the provision of such services. the terms of service
and fees charged for vas may be periodically modified, in the sole discretion of
www.oswalairtravels.com . the www.oswalairtravels.com patron may opt out of any vas if it
chooses or does not agree to any modification of the same, unless a minimum vas period is
specified in the respective vas policy or in www.oswalairtravels.com ’s reasonable opinion such
value added service is critical to guest experience and provision of its services. any fees paid or
approved until the date of cancellation of the value added service will be non-refundable.
PAYMENT AND RECONCILIATION
all payments to the www.oswalairtravels.com patron will be made by www.oswalairtravels.com
directly to the account of www.oswalairtravels.com patron notified by the
www.oswalairtravels.com patron to www.oswalairtravels.com , upon completion of verification
of the account information. www.oswalairtravels.com shall not be held liable for any delay in
processing the payments to the www.oswalairtravels.com patron due to incomplete account
information and/or pendency of verification of the same
revenue assurance: the www.oswalairtravels.com patron shall accurately provide all revenue
details of the property i.e. revenue generated by the property in the preceding week/month to
www.oswalairtravels.com , including but not limited to walk-in revenue generated by the
property, and pay www.oswalairtravels.com its fees. the parties agree that the reconciliation
cycle period may be changed at the sole discretion of www.oswalairtravels.com , in which case
such changes will be notified to the www.oswalairtravels.com patron in terms of clause 18 (h)
below. further, www.oswalairtravels.com may from time to time establish standard operating
procedures and policies under the www.oswalairtravels.com policies to enable and facilitate
compliance with this clause, including incentives and/or penalties.
www.oswalairtravels.com shall provide a statement showing reconciliation of the accounts to the
www.oswalairtravels.com patron. the www.oswalairtravels.com patron shall be required to raise
any payment related issues within 7 (seven) days of receiving the reconciliation statement. all
reconciliation statements shall be deemed accepted in the event no issue/dispute is raised by the
www.oswalairtravels.com patron in the prescribed time. all issues pertaining to payment and
reconciliation of accounts are a contractual matter and the parties shall endeavour to resolve them
amicably.
the parties agree that www.oswalairtravels.com reserves the right to introduce or remove various
products and/ or services time and charge incremental fees and/ or commissions for such products
and/ or services with prior notice to the www.oswalairtravels.com patron. the
www.oswalairtravels.com patron acknowledges that such variation in fees or commissions by
www.oswalairtravels.com , will be commercially reasonable in nature. all terms and conditions
associated with the new products and / or services shall be available in the
www.oswalairtravels.com policies and communicated to the www.oswalairtravels.com patron
separately. furthermore, www.oswalairtravels.com reserves the right to waive charges towards
fee(s) and/ or commissions as commercially agreed with the www.oswalairtravels.com patron,
eg. walk-in waiver.
www.oswalairtravels.com shall be entitled to offset any outstanding amounts that may be owed
by the www.oswalairtravels.com patron to www.oswalairtravels.com from time to time from the
amount paid by the www.oswalairtravels.com patron under www.oswalairtravels.com secure.
the www.oswalairtravels.com patron alone shall be responsible to maintain adequate balance as
per this agreement in www.oswalairtravels.com secure throughout the entire term of this
agreement failing which www.oswalairtravels.com shall have the right, at its own discretion, to
suspend/terminate listing of the property and/or shift the property on mandatory prepayment
option for bookings on the www.oswalairtravels.com platform. upon expiry/termination of the
agreement, the balance amount due to the www.oswalairtravels.com patron, after making
deductions (if any) shall be refunded by www.oswalairtravels.com within 14 (fourteen) days to
the www.oswalairtravels.com patron
www.oswalairtravels.com shall charge platform fees, demand fees and any fee towards vas or
any other additional services related to the usage of the www.oswalairtravels.com platform.
WWW.OSWALAIRTRAVELS.COM WIZARD
the www.oswalairtravels.com patron shall participate in and honour the terms of
www.oswalairtravels.com ’s designated loyalty, discount, promotional, management,
advertising, satisfaction and/or other guest programs (including any room discounts, rewards
programs, voucher programs, pet-friendly policies, billing programs, corporate memberships,
frequent traveller programs, photographic or virtual tour programs or gift card programs) etc in
accordance with the www.oswalairtravels.com policies (“guest programs”).
the www.oswalairtravels.com patron shall comply with all standards and requirements of any
guest program, including any fees, as www.oswalairtravels.com may implement and periodically
modify.
in particular, www.oswalairtravels.com reserves the right to enlist the property under its
www.oswalairtravels.com wizard program based on various criteria including the customer
experience score at the property. if enlisted, the www.oswalairtravels.com patron shall comply
with the terms and conditions of the guest programs. you acknowledge that you have read and
agreed to the policy related to the www.oswalairtravels.com wizard program.
WWW.OSWALAIRTRAVELS.COM PRODUCTS
www.oswalairtravels.com may, from time to time, introduce www.oswalairtravels.com products
and will notify the www.oswalairtravels.com patron accordingly and will be available at
www.oswalairtravels.com policies. each of the www.oswalairtravels.com products may carry
specific terms and conditions including fees. if the www.oswalairtravels.com patron opts for any
specific www.oswalairtravels.com product, it agrees to pay the charges / fees set by
www.oswalairtravels.com , which the www.oswalairtravels.com patron acknowledges as a
reasonable fee for the provision of such services. the terms of service and fees charged for the
www.oswalairtravels.com product may be periodically modified, in the sole discretion of
www.oswalairtravels.com and the www.oswalairtravels.com patron shall be informed of the
same. the www.oswalairtravels.com patron may opt out for any www.oswalairtravels.com
product if it chooses or does not agree to any modification of the same, unless a minimum period
is specified in the respective www.oswalairtravels.com product terms or in
www.oswalairtravels.com ’s reasonable opinion such www.oswalairtravels.com product is
critical to guest experience and provision of its services. any fees paid or approved until the date
of cancellation of the www.oswalairtravels.com product will be non-refundable.
INVOICING
a. the www.oswalairtravels.com patron shall, for each valid booking, irrespective of its mode of
payment (prepaid or pay at property), issue a valid gst invoice with the full value of payment, to
the www.oswalairtravels.com customer in the manner set forth under this clause. if the
www.oswalairtravels.com patron does not have a gstn, then the www.oswalairtravels.com patron
shall issue a non GST Invoice to the www.oswalairtravels.com customer. notwithstanding the
forgoing, the www.oswalairtravels.com patron shall remain liable to ensure compliance with all
applicable tax laws including payment of all applicable taxes
b. the parties agree that it shall at all times be the www.oswalairtravels.com patron’s obligation
and responsibility to issue timely invoices to www.oswalairtravels.com customers. a valid
invoice must have the following components, unless otherwise required by law:
1. Invoice number
2. 6-digit service code (sac)
3. tax segregated as cgst + sgst
4. gstn number (of person issuing invoice, if applicable)
5. place of supply
6. date of issuance
7. valid signature
c. www.oswalairtravels.com may offer sale of rooms with/without value added services to certain
guests under its own name. in such cases www.oswalairtravels.com patron shall issue tax
invoice/bill of supply in the name of www.oswalairtravels.com . if gst credit on such invoices is
not passed to www.oswalairtravels.com then www.oswalairtravels.com will deduct the gst credit
amount while making payment to the www.oswalairtravels.com patron.
d) www.oswalairtravels.com reserves the right to withhold and/or release applicable gst if the
www.oswalairtravels.com patron does not hold a valid gst registration.
e) if the www.oswalairtravels.com patron is registered for gst, it is mandatory for the
www.oswalairtravels.com patron to share its gstn with www.oswalairtravels.com and include
the same in all invoices to guest(s), failing which www.oswalairtravels.com shall presume that
www.oswalairtravels.com patron is not gst registered. if the www.oswalairtravels.com patron
does not hold a valid gst registration, www.oswalairtravels.com shall deduct applicable gst and
deposit the same in the govt. treasury and recover/withheld the same from the amount payable to
the www.oswalairtravels.com patron, recover any shortfall thereof.
SET-OFF
www.oswalairtravels.com may set off any obligation that is due and payable and is owed or
which is required to be performed by the www.oswalairtravels.com patron under this agreement
against any obligation owed by www.oswalairtravels.com to www.oswalairtravels.com patron,
whether under this agreement or otherwise. if an obligation is unascertained or unliquidated,
www.oswalairtravels.com may in good faith estimate the obligation and set off in respect of the
estimated amount, in which case when the obligation is ascertained or liquidated,
www.oswalairtravels.com or the www.oswalairtravels.com patron shall make a payment to the
other (as appropriate) in respect of any amount by which the ascertained or liquidated amount
differs from estimated amount.
the www.oswalairtravels.com patron acknowledges and agrees that www.oswalairtravels.com
will not be obliged to pay any amounts to the www.oswalairtravels.com patron under this
agreement so long as any sums, which are then due from the www.oswalairtravels.com patron
under this agreement remain unpaid and any such sums, which would otherwise be due will fall
due only if and when the www.oswalairtravels.com patron has paid all such sums except to the
extent www.oswalairtravels.com otherwise agrees or sets off such amount against such payment
pursuant to the foregoing.
TAXES
www.oswalairtravels.com and the www.oswalairtravels.com patron, with respect to the services
rendered or products offered in their respective capacity, are solely responsible for compliance
of transaction taxes. for the avoidance of doubts, it is clarified that the www.oswalairtravels.com
patron is solely responsible for providing accommodation and other associated services in respect
of and in relation to the stay of the guest at the property, irrespective of the booking channel
through which reservation is made or to whom the payment for such reservation is made,
including but not limited to food and beverage, laundry, etc. and hence shall be solely responsible
to pay all transaction taxes that may be levied or leviable on (a) such accommodation and services
and (b) any other ancillary purchase or sale of goods and services that is required for the purpose
of rendering its services. the compliance (including but not limited to issuance of tax invoice or
bill of supply, computation and deposition of taxes to the government treasury, filing of returns
etc.) with tax laws, if any required, is the sole responsibility of the www.oswalairtravels.com
patron. www.oswalairtravels.com is in no manner responsible for ensuring such compliance,
including payments of any taxes on the accommodation and associated services, except if
required under applicable laws.
all fees including but not limited to platform and / or demand fee charged by
www.oswalairtravels.com to the www.oswalairtravels.com patron for providing services is
exclusive of all transaction taxes which will be charged over and above such fees at rates
applicable under the law of the applicable jurisdiction on provision of such services by
www.oswalairtravels.com
www.oswalairtravels.com may provide additional services to the www.oswalairtravels.com
patron which may include limited access to tax engine / calculator for computing taxes or issuing
tax invoices on services provided or goods sold by the www.oswalairtravels.com patron. by
providing such additional services to the www.oswalairtravels.com patron,
www.oswalairtravels.com is neither committing nor managing or executing any tax compliances,
and these remain the sole responsibility of the www.oswalairtravels.com patron with respect to
services and / or goods sold provided by the www.oswalairtravels.com patron to the guest, unless
otherwise required under the law. www.oswalairtravels.com , while providing such additional
services, may affix its logo, brands, tag lines or such other words, in communication, which may
denote use of www.oswalairtravels.com 's software in rendering such services, solely for the
purpose of branding and should not be interpreted otherwise.
in the event www.oswalairtravels.com is made liable to pay transaction taxes under any law for
the time being in force on the services rendered or goods supplied by the
www.oswalairtravels.com patron, then parties agree that www.oswalairtravels.com shall have
the right to recover such transaction taxes from the www.oswalairtravels.com patron. the
www.oswalairtravels.com patron shall pay such amount without any demur or protest.
furthermore, the www.oswalairtravels.com patron shall indemnify and keep
www.oswalairtravels.com indemnified against any and all tax related claims /charges /levies
/penalties /costs /deficiency. www.oswalairtravels.com may furnish a certificate/ document to
demonstrate proof of deposit of such transaction tax from time to time if it is required under the
law to provide such proof of payment to the www.oswalairtravels.com patron.
in certain jurisdictions, tax regulations may require that www.oswalairtravels.com collect and/or
report information about you, or withhold taxes from payouts to you, or both. if you fail to
provide www.oswalairtravels.com with documentation that it determine to be sufficient to
support any such obligation to not to withhold taxes from payouts to you or not to report
information, www.oswalairtravels.com may withhold payouts up to the amount as required by
law and / or provide information to the authorities.
for the avoidance of doubt, all sums payable by the www.oswalairtravels.com patron to
www.oswalairtravels.com under these terms of service shall be paid free and clear of any
deductions or withholdings whatsoever. other than transaction taxes charged by
www.oswalairtravels.com to you and remitted to the appropriate tax authorities, any deductions
or withholdings that are required by law shall be borne by you and paid separately to the relevant
taxation authority.
each party is individually responsible for payment of taxes determined / payable with reference
to profits of that party.
any duties, cesses or taxes (including stamp duty) payable on execution of this agreement/terms
and any other instrument entered into under this agreement /terms shall be the responsibility of
www.oswalairtravels.com patron and shall be borne by the www.oswalairtravels.com patron
OTA RELATED TERMS
the www.oswalairtravels.com patron hereby authorises www.oswalairtravels.com to operate and
manage all ota channels on its behalf by executing the ota noc for the designated ota partners and
shall hand over all applicable ota credentials (including password) of the property to
www.oswalairtravels.com at the time of entering into this agreement without any delay.
by executing the ota noc, the www.oswalairtravels.com patron authorises
www.oswalairtravels.com and confirms that it has no objection with www.oswalairtravels.com
initiating a new listing on revised terms and conditions under www.oswalairtravels.com 's name
and discontinuing the old listing on the ota channels..
www.oswalairtravels.com may create a new listing or rename the owner’s existing ota listing to
reflect www.oswalairtravels.com ’s brand name of the premises for which the services are being
rendered by www.oswalairtravels.com .
www.oswalairtravels.com may also change any password recovery information to enable it to
operate the ota accounts independently.
the www.oswalairtravels.com patron agrees to promptly deliver and duly execute any and all
such further instruments and documents and to take such actions as may be reasonably required
by www.oswalairtravels.com in order to obtain the full benefit and to implement the rights and
powers granted by www.oswalairtravels.com patron to www.oswalairtravels.com to control the
property’s’ ota accounts pursuant to the agreement.
all pre-existing and new listings of the property at any online or offline platform shall be branded
and managed by www.oswalairtravels.com which shall include adding, removing or modifying
the name, phone, website, pictures and amenities of the property. www.oswalairtravels.com will
manage and be responsible for complete revenue, pricing, inventory, and booking management
for 100% of the contracted rooms inventory at the property the payments receivable from the ota
will be received by www.oswalairtravels.com in www.oswalairtravels.com ’s bank account.
www.oswalairtravels.com reserves the right to subsume any commission/fees charged by the
ota(s) in connection with the listing of the property or pass-on or charge the
www.oswalairtravels.com patron additionally for the same.
if the property is not able to go-live on any of the otas with www.oswalairtravels.com listing due
to any payment pending by the www.oswalairtravels.com patron to the ota,
www.oswalairtravels.com may, at its discretion, make the respective payment to the ota on behalf
of the www.oswalairtravels.com patron and recover/ adjust/offset this amount in its
reconciliation statement and /or increase the www.oswalairtravels.com ’s demand fee applicable
for the property proportionately.
the www.oswalairtravels.com patron agrees and hereby authorises www.oswalairtravels.com to
engage with or respond to ratings, reviews and customer feedback received through any ota
where the property is listed.
the www.oswalairtravels.com patron may opt for value added services in relation to its property
listing with an ota and the cost of any such services shall solely be borne by the
www.oswalairtravels.com patron.
the www.oswalairtravels.com patron shall hand over ota credentials of the property to
www.oswalairtravels.com and shall cease to operate or to cause to operate the property, directly
or indirectly on any ota handles other than through www.oswalairtravels.com , during the term.
in the event the www.oswalairtravels.com patron breaches its obligation as set out under this
clause, the www.oswalairtravels.com patron shall be liable to pay a sum equivalent to twice the
amount of liquidated damages set out under clause 2 (c) above.
RIGHT TO AUDIT AND INSPECT
the www.oswalairtravels.com patron is obligated to fully and accurately report all revenue
generated from the property including disclosure, upon request, to www.oswalairtravels.com ,
records of all charged check-in and check-out at the property. in order to ensure strict compliance
with revenue reporting and account reconciliation for the property, www.oswalairtravels.com
shall have a right (but not an obligation) to undertake periodic digital and/or physical audits/
surprise checks to ensure that the www.oswalairtravels.com patron is adhering to the terms of
this agreement, including www.oswalairtravels.com policies, from time to time.
www.oswalairtravels.com shall have a right to conduct such audits without prior notice through
its representatives, third party audit agencies and/or mystery customers. based on the audit
findings, www.oswalairtravels.com may as it deems fit and appropriate, recover the unreported
revenue in addition to imposition of penalties equivalent to such amount, during its
weekly/monthly account reconciliations with the www.oswalairtravels.com patron. the
www.oswalairtravels.com patron shall not object to such audits and challenge the findings based
on the fact that no prior notice was given for such audit.
additionally, www.oswalairtravels.com shall have a right to review the customer / visitors records
and/or financial / other records of the www.oswalairtravels.com patron pertaining to the property
and/or this agreement. the www.oswalairtravels.com patron shall cooperate during such audit /
inspection or any inspection / investigation carried out by any www.oswalairtravels.com , or any
third party audit agency appointed by www.oswalairtravels.com and/or any government
authority(ies) and provide necessary support and correct information, records, documents, etc.
the www.oswalairtravels.com patron shall also provide uninterrupted access to
www.oswalairtravels.com ’s authorised personnel / representatives to the property for such
inspection / audit.
INTELLECTUAL PROPERTY
www.oswalairtravels.com has through the investment of considerable time and money developed
a unique and distinctive system of creating a network of high-quality budget accommodation and
connecting such network hotels to potential customers at a large scale under the mark “
www.oswalairtravels.com ” and other associated logos, trademarks, service marks, certification
marks, designs and brands (“ www.oswalairtravels.com marks”), issued patents and patent
applications (whether provisional or non-provisional), internet domain names and social media
accounts or user names, whether or not trademarks, all associated web addresses, urls, mobile
applications, websites and web pages, social media sites and pages, and all content and data
thereon or relating thereto, whether or not copyrighted (“ip rights”). the system includes but is
not limited to the use of proprietary and distinctive techniques (developed or used by
www.oswalairtravels.com ), technology, software, trade secrets, inventions, databases, training
methods, operating methods, designs and decor, uniform apparel, colour schemes, furnishings,
marketing materials, promotional strategies, booking and guest management systems, revenue
management services, ota management services, and customer service requirements among other
additional innovation and updates that www.oswalairtravels.com brings to its systems and
processes to enhance the www.oswalairtravels.com patron’s management of the property and
performance (“technological know-how”), all of which collectively i.e. the
www.oswalairtravels.com marks, ip rights and technological know-how is proprietary to
www.oswalairtravels.com and may be modified and improved from time to time by
www.oswalairtravels.com (“ip bundle”). the www.oswalairtravels.com patron acknowledges
that www.oswalairtravels.com or its affiliates are the exclusive owner of the ip bundle and that
the www.oswalairtravels.com patron shall not make any claims on the ip bundle except as
expressly contemplated under this agreement for the use of www.oswalairtravels.com services
and www.oswalairtravels.com products. the use and license of ip bundle is directed towards
promoting the www.oswalairtravels.com patron in its network in a manner that may enhance the
goodwill associated therewith.
the www.oswalairtravels.com patron agrees that it enjoys promotional advantage on being
associated with the brand name “ www.oswalairtravels.com ” and availing of the technological
know-how www.oswalairtravels.com authorizes the www.oswalairtravels.com patron to use the
ip bundle (on a revocable, non-transferable, non-assignable and non-exclusive basis) for the
limited purpose of this agreement. the www.oswalairtravels.com patron undertakes not to do
anything prejudicial to the ip bundle or damage or harm www.oswalairtravels.com ’s goodwill
and reputation. the www.oswalairtravels.com patron agrees in order to protect the
www.oswalairtravels.com ’s ip bundle intellectual property rights and maintain a common
identity and reputation of its network of properties, the www.oswalairtravels.com patron shall
comply with the www.oswalairtravels.com policies related with branding and minimum quality
specifications laid down by www.oswalairtravels.com from time to time. any breach by
www.oswalairtravels.com patron in respect thereof may cause irreparable harm and injury to
www.oswalairtravels.com and its intellectual property. you acknowledge that you have read and
agreed to the www.oswalairtravels.com policies related to branding. [insert hyperlink of the
www.oswalairtravels.com branding policy]
in the event the www.oswalairtravels.com patron becomes aware of any infringement of the ip
bundle by any other party, the www.oswalairtravels.com patron shall immediately notify
www.oswalairtravels.com in writing.
the www.oswalairtravels.com patron may conceive and develop new and improved methods of
carrying out its business and improvements in operating procedure and other additions or
modifications to the existing ip bundle (hereinafter referred to as “improvements”). the
www.oswalairtravels.com patron agrees to disclose fully any improvements to
www.oswalairtravels.com and www.oswalairtravels.com shall determine the feasibility and
desirability of incorporating them into www.oswalairtravels.com ’s existing ip bundle. for
avoidance of doubt, it is clarified that the right, title and interest in any and all improvements
shall rest with www.oswalairtravels.com regardless of which party contributed to the
improvements. the www.oswalairtravels.com patron shall without delay, demur or protest transfer all rights in any such improvement to www.oswalairtravels.com without any additional
consideration.
the www.oswalairtravels.com patron shall not undertake any activities to decompile or reverse
engineer any elements of the ip bundle for its or their advantage or for the advantage of any third
party. in the event the www.oswalairtravels.com patron learns of a claim of infringement or if a
third party brings a claim of trademark infringement, copyright infringement, breach of
confidential information and misappropriation of any trade secret against the
www.oswalairtravels.com patron whether or not such infringement is as a result of the
www.oswalairtravels.com patron using their ip in conjunction with www.oswalairtravels.com ’
ip bundle, the www.oswalairtravels.com patron shall promptly notify www.oswalairtravels.com
of such claim. the www.oswalairtravels.com patron shall indemnify www.oswalairtravels.com
to the fullest extent permitted under applicable law from and against all damages arising out of
any claim by a third party against www.oswalairtravels.com . in the event
www.oswalairtravels.com or any of its group companies is impleaded as a party to proceedings
such as the aforesaid, the www.oswalairtravels.com patron agrees to compensate
www.oswalairtravels.com for all reasonable and necessary costs related thereto, including but
not limited to reasonable attorneys’ fees.
DATA PRIVACY AND RETENTION
www.oswalairtravels.com customer data: the www.oswalairtravels.com patron acknowledges
that personal information of the www.oswalairtravels.com customers/ guests is collected by
www.oswalairtravels.com and shared with the www.oswalairtravels.com patron only for the
purpose of this agreement / terms and the www.oswalairtravels.com patron also collects personal
information of the guests upon check-in at the property. the www.oswalairtravels.com patron
also acknowledges that www.oswalairtravels.com is the owner of all rights, title and interests in
any and all information (whether in verbal, written, manual or electronic form) received by the
www.oswalairtravels.com patron or www.oswalairtravels.com through the
www.oswalairtravels.com platform, ota, call centers, travel agents, directly from the guests, at
the property and/ or exchanged / received pursuant to the acceptance of these terms by the
www.oswalairtravels.com patron which includes but is not limited to www.oswalairtravels.com
’s information, www.oswalairtravels.com patron’s information, property description and images,
guest information, guest histories and preferences, guest identification details, etc. (regardless of
the source of such data and the manner of its collection) (“data”). the www.oswalairtravels.com
patron agrees to collect, process, store and use data in accordance with the provisions of the
applicable laws and in the manner provided for in www.oswalairtravels.com 's privacy
policy available on the www.oswalairtravels.com platform.
www.oswalairtravels.com patron data: the www.oswalairtravels.com patron acknowledges
and expressly consents that data (whether or not in aggregated, pseudonymised and/or
anonymised form) related to the www.oswalairtravels.com patron, the property and other
parameters collected under this agreement / terms may be used, transmitted, processed, shared
and transferred by www.oswalairtravels.com (to other entities under the
www.oswalairtravels.com group or third parties), (i) for performance evaluation, optimization
and improvement (ii) benchmarking (iii) for marketing and advertising ; (iv) where
www.oswalairtravels.com has a duty to or are permitted to disclose data under applicable law or
under a court/ government order; (v) in connection with any merger, sale of company assets,
consolidation or restructuring, financing, liquidity event or acquisition or (vi) any other lawful
purpose.
CONFIDENTIALITY
all documents, instructions, details collected under this agreement / terms including the
www.oswalairtravels.com customer/guests’ personal data, brand standards, operating standards,
technology, systems, training manuals, financial details, terms of this agreement / terms, account
and sales information, any and all information and/or documents shared with the
www.oswalairtravels.com patron under this agreement, etc., whether shared through any oral
or written information exchanged between the parties directly or indirectly, before, during or
after the execution of this agreement or in connection with the preparation and performance this
agreement, shall be considered as secret and confidential information (collectively referred to as
“confidential information”) and www.oswalairtravels.com patron undertakes not to copy or
disclose any of its contents or concepts to any other party and not to make any direct or indirect
use thereof except as required for due performance under this agreement / terms. this agreement
/ terms is confidential in nature and shall not be disclosed by the www.oswalairtravels.com
patron to any other third person except as otherwise required by law. during the performance of
its obligations under this agreement / terms, the www.oswalairtravels.com patron and its
employees, officers, agents, proprietors, directors, shareholders, stakeholders, contractors or any
third party resources (“representatives”) may have access to confidential information, which shall
be kept fully confidential by the www.oswalairtravels.com patron and its representatives. the
www.oswalairtravels.com patron shall execute necessary non-disclosure agreement with its
representatives and take any other steps that it would reasonably take to protect such confidential
information. the obligation under this provision shall survive termination or expiration of this
agreement.
TERM AND TERMINATION
a. the term of this agreement shall be valid and binding upon the parties from the go-live date
and shall continue to be valid and binding unless terminated by either party as per the terms given
below.
b. either party may terminate this agreement by giving a 30 (thirty) days prior written notice to
the other without assigning any reason thereof. www.oswalairtravels.com may terminate this
agreement and deactivate / suspend and/or delete the www.oswalairtravels.com patron’s user
account forthwith by intimating the www.oswalairtravels.com patron via an email or using any
other contact information provided by the www.oswalairtravels.com patron for the account, in
the event the www.oswalairtravels.com patron (including its employees, agents, contractor and
representatives)
(i) breaches the terms herein, applicable laws and/or violates any other third-party rights;
(ii) fails to obtain/maintain approvals required to operate its business from the property as
mentioned under these terms;
(iii) files for bankruptcy or becomes or is declared insolvent;
(iv) acts in a manner which results in the financial loss and/or reputational harm to
www.oswalairtravels.com ;
(v) engages in unlawful acts or acts that disparage www.oswalairtravels.com in a private/ public
set up, on social media/print media;
(vi) ceases to be the owner of the property or if the www.oswalairtravels.com patron’s interest
is derived in the property through a lease/operating agreement and such arrangement lease
expires or is terminated or acts in a manner which results in a potential dispute concerning the
title of the property;
(vii) have provided any false, misleading or inaccurate information;
(viii) acts in a manner which results in suspension of property by www.oswalairtravels.com for
more than 3 (three) days.
c.upon termination or expiry of this agreement for any reason whatsoever:
(i) www.oswalairtravels.com and the www.oswalairtravels.com patron shall undertake an
account reconciliation, and subsequently a full and final settlement with respect to the property
including all expenses and advances which are payable by the www.oswalairtravels.com patron
under this agreement to www.oswalairtravels.com and the www.oswalairtravels.com patron shall
make payments due to www.oswalairtravels.com ;
(ii) the www.oswalairtravels.com patron shall honour all bookings made at the property up until
the date of termination and continue to discharge all its obligations under this agreement;
(iii) www.oswalairtravels.com shall delist the property from www.oswalairtravels.com platform;
(iv) www.oswalairtravels.com shall return the ota credentials for the property upon full and final
settlement with the www.oswalairtravels.com patron;
(v) the www.oswalairtravels.com patron shall have no right to use any confidential information
or ip bundle provided to the www.oswalairtravels.com patron under this agreement and shall
forthwith return to www.oswalairtravels.com any such confidential information in its possession;
(vi) the www.oswalairtravels.com patron shall cease to use www.oswalairtravels.com ’s name,
logo or any of the associated www.oswalairtravels.com marks, ip bundle and shall not represent
itself in any manner to be associated with www.oswalairtravels.com ;
(vii) the www.oswalairtravels.com patron shall provide www.oswalairtravels.com with a copy
such registers and records, including but not limited to the a&d register and other guest and
payment details, etc., as and when requested by www.oswalairtravels.com ; and
(vii) the www.oswalairtravels.com patron shall not be entitled to enter into any new agreement
with www.oswalairtravels.com or any of the entities within the www.oswalairtravels.com group
whether directly or indirectly for such period as www.oswalairtravels.com may determine.
INDEMNITY
to the maximum extent permitted by law, the www.oswalairtravels.com patron shall, upon
written demand by www.oswalairtravels.com , indemnify, defend (at www.oswalairtravels.com
’s option) www.oswalairtravels.com , its officers, directors, entities in the
www.oswalairtravels.com group, agents, and employees against any claims, liabilities, damages,
losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with:
(i) usage of the www.oswalairtravels.com platform that has
infringed such third party's intellectual property rights; (ii) breach of any obligations under this
agreement / terms;
(iii) negligence or other tortious conduct of the www.oswalairtravels.com
patron;
(iv) misrepresentations made by the www.oswalairtravels.com patron;
(v) any noncompliance of applicable laws, including but not limited to delay in payment/ non-payment of
taxes and delay in filing/ non-filing of returns or failure in obtaining / renewal of the requisite
licenses / approvals / permits or failure to maintain any registers and records;
(vi) actions which
may bring disrepute to www.oswalairtravels.com ’s reputation and brand
(vii)
www.oswalairtravels.com customer complaints and costs arising from their experience at the
property in connection with their booking and/or complaints/penalties from law enforcement
agencies and regulatory authorities;
(viii) the settlement beneficiary for the payments to be made
under this agreement by www.oswalairtravels.com which is different from the authorized
representative signatory to this agreement;
(ix) stay / visit of any www.oswalairtravels.com
customer or visitors at the property, your interaction with them, including without limitation any
bodily injuries, death, losses or damages (whether compensatory, direct, incidental,
consequential or otherwise) of any kind arising in connection with or as a result of stay / visit at
the property; and
(x) loss or damage suffered by www.oswalairtravels.com due to fraud or
misconduct or negligence by the www.oswalairtravels.com patron during its engagement in any
guest program including but not limited to the wizard program.
the provisions of this clause shall survive the termination of this agreement / terms.
LIMITATION OF LIABILITY
other than remedies specifically provided under this agreement by way of liquidated damages,
neither party shall be liable to the other party for any indirect, incidental, punitive, special or
consequential damages or losses (including without limitation for loss of profit or revenue etc.)
whether under contract or in tort and even if the other party had been advised of the possibility
of such damage or loss. in no event, shall the www.oswalairtravels.com ’s liability under or in
connection to this agreement exceed the demand fee paid by the patron to
www.oswalairtravels.com for a period of 1 (one) month preceding the date of such claim. other
than remedies specifically provided under this agreement by way of liquidated damages, neither
party shall be liable to the other party for any indirect, incidental, punitive, special or
consequential damages or losses (including without limitation for loss of profit or revenue etc.)
whether under contract or in tort and even if the other party had been advised of the possibility
of such damage or loss. in no event, shall the www.oswalairtravels.com ’s liability under or in
connection to this agreement exceed the demand fee paid by the www.oswalairtravels.com
patron to www.oswalairtravels.com for a period of 1 (one) month preceding the date of such
claim.
REPRESENTATION AND WARRANTIES
the www.oswalairtravels.com patron represents and warrants that :
it has full legal right, power and authority to carry on its business and to enter into this agreement
and accept the terms and perform all its obligations, terms and conditions hereunder and neither
the acceptance of these terms, nor the delivery of the agreement, nor fulfilment nor compliance
with the terms and provision hereof, will conflict with, or result in a breach of terms, conditions
or provisions of, or constitute a default under, or result in any violation of its charter document
or bye law, if any, or any agreement, restriction, instrument, order , judgement, decree, statute,
law, rule or regulation to which it is subjected or require any consent, approval or other action
by any court, tribunal, administrative or governmental body.
it is operating its business in compliance with all the applicable laws, regulations and statutes and
it has the requisite licenses in place (including lift operating, fire department clearance, tourism,
local municipality approvals and licenses etc.) to operate the property and conduct its business
as contemplated under this agreement.
it is the owner of the property, it has and shall maintain lawful and undisputed title, possession
and ownership of the property throughout the term of this agreement, free from encumbrances;
if the www.oswalairtravels.com patron’s interest in the property is derived through a lease
arrangement/operating arrangement., it has a no objection certificate from the owner(s) of the
property expressing the owner’s consent towards the www.oswalairtravels.com patron entering
into this agreement with www.oswalairtravels.com and has a lawful, valid and subsisting
lease/operating agreement of the property throughout the term of this agreement, for the purpose
for which this agreement has been executed;
the property is not in violation of any applicable laws that could affect the services and business
arrangement contemplated under this agreement with www.oswalairtravels.com or draw risks or
liabilities towards www.oswalairtravels.com in any manner;
it is not in dispute with www.oswalairtravels.com and/or any of its subsidiaries or affiliates;
the property has not been delisted by www.oswalairtravels.com and/or any of its subsidiaries or
affiliates.
has not been charged with or been found guilty of any offence punishable under provisions of
any other applicable laws;
has not/ shall not enter into any arrangement with a third party for the contracted rooms;
the contracted rooms consist of the entire room inventory in the property (other than non
operational rooms); and
has handed over all its ota credentials of the property to www.oswalairtravels.com .
MISCELLANEOUS
Disclaimer of Warranties - we provide the www.oswalairtravels.com platform and all content
“as is” without warranty of any kind and we disclaim all warranties, whether express or implied.
for example:
(i) we do not endorse or warrant the existence, conduct, performance, safety,
quality, legality or suitability of any www.oswalairtravels.com patron or guest, listing or third
party;
(ii) we do not warrant the performance or non-interruption of the
www.oswalairtravels.com platform; and
(iii) we do not warrant that verification, identity or
background checks conducted on listings. any references to an www.oswalairtravels.com patron
or listing being "verified" (or similar language) indicate only that the www.oswalairtravels.com
patron or listing or www.oswalairtravels.com has completed a relevant verification or
identification process and nothing else. further, www.oswalairtravels.com is not responsible for
any loss suffered by the www.oswalairtravels.com patron as a result of incorrect banking or
taxation or other financial information provided by the www.oswalairtravels.com patron. the
disclaimers in these terms apply to the maximum extent permitted by law. the
www.oswalairtravels.com patron shall be responsible for its conduct, performance, safety
measures, quality, legality or compliance with applicable law and in case any guest has any claim
against any such listing or services provided by the www.oswalairtravels.com patron, the
www.oswalairtravels.com patron shall be solely responsible for the same and shall be liable for
any damages payable to the guest.
Governing Law & Jurisdiction - these terms shall be construed and enforced in accordance
with the laws of India. if any dispute shall arise between the parties hereto concerning the
construction interpretation or application of any of the provisions of the terms, such dispute shall
be referred to the arbitration in accordance with arbitration and conciliation act, 1996. the
arbitration shall be conducted by a sole arbitrator appointed by an independent arbitral institution,
viz. centre for alternate dispute resolution excellence, Delhi (the cadre) , under its rules as
amended from time to time, which rules are deemed to be incorporated by reference herein. a
copy of the rules can be obtained by an enquiry email to the cadre at admin@oswalairtravels.com
either party may approach the cadre for appointment of an arbitrator by writing an email to
admin@oswalairtravels.com with a request to appoint an arbitrator and copying the email to the
other party. the parties agree that the maximum permissible fees payable to the arbitrator for
conducting the arbitration proceedings shall be in accordance with the fourth schedule of the
arbitration and conciliation act, 1996. in the event of any conflict between the rules of the cadre
and the provisions of the arbitration and conciliation act, 1996, the arbitration and conciliation
act, 1996 shall prevail. the arbitration shall be conducted in english. the juridical seat and venue
of arbitration shall be delhi and the courts of new delhi shall have exclusive jurisdiction for any
applications arising out of the arbitration. the arbitration proceedings shall be conducted online
without the need for a physical appearance unless specifically requested by the arbitrator. the
parties agree to resolve the dispute through fast track mode as per section 29 b of the arbitration
and conciliation act 1996. unless the arbitrator decides at his discretion (on a written application
moved by either of the parties) that oral evidentiary hearings are necessary for the purpose of the
arbitration, the arbitration shall be conducted only on the basis of the documents via online
platform. however, the decision of the arbitrator with respect to the mode of conducting the
arbitration shall be final and binding upon the parties. the award shall be in writing and final and
binding on the parties. the parties shall be responsible to bear their respective costs and expenses
in relation to any such arbitration proceeding and are subject to the final award being passed by
the arbitrator i.e. both the parties shall share the cost jointly during the conduct of the arbitration
proceedings with respect to the administrative charges and arbitrator fees. however the arbitrator
shall have the discretion to order costs i.e. passing a cost award in favour of the successful party
along with the final award. if for any reason the cadre refuses to act or does not acknowledge the
email for appointment of an arbitrator or fails to appoint an arbitrator within a period of 5 days
from the date of the email containing a request for appointment, then www.oswalairtravels.com
shall have the right to name another independent arbitral tribunal to appoint the sole arbitrator
and conduct the arbitration. any failure, delay or forbearance on the part of
www.oswalairtravels.com in:
(i) exercising any right, power or privilege under this agreement;
or
(ii) enforcing terms of this agreement, shall not operate as a waiver thereof, nor shall any
single or partial exercise by www.oswalairtravels.com of any right, power or privilege preclude
any other future exercise or enforcement thereof. the parties hereto agree that each of the provisions contained in this agreement shall be severable, and the unenforceability of one or
more provisions of this agreement shall not affect the enforceability of any other provision(s) or
of the remainder of this agreement.
Compliance with Laws
- as an www.oswalairtravels.com patron, it is your sole and absolute
responsibility for identifying, understanding and complying with all applicable laws, rules,
regulations and contracts with third parties that apply to your property. for example, some cities
have laws that restrict your ability to host guests for short periods or provide certain hotel / homes
related services. in many cities, www.oswalairtravels.com patrons may have to register, get a
permit or obtain a license before providing certain hotel / homes related services including but
not limited to preparing food, serving alcohol for sale, guiding tours or operating a vehicle,
installation of hoardings and signages or to maintain certain registers & records or to intimate
the authorities regarding guest stay. www.oswalairtravels.com patrons shall be alone responsible
for identifying and obtaining any required permits, licenses, consents, approvals, registrations
and authorizations for any services they offer, including but not limited to gst registration and
applicable gst compliances, fssai, health, trade licenses, building approvals, property related
licenses, registrations, and noc’s as may be applicable and any other license necessary for
establishing and operating the property, carrying on its business and for the performance of its
obligations hereunder. www.oswalairtravels.com patrons understand that certain types of
services may be prohibited altogether and penalties may include fines or other punitive actions.
www.oswalairtravels.com patrons are responsible for checking and reviewing all laws, rules
and/or regulations applicable to their listing. any information which www.oswalairtravels.com
may provide in relation to any legal requirement is for information purposes only and
www.oswalairtravels.com patrons confirm to undertake independent review of their legal
obligations, including obtaining legal advice, if required. further, the www.oswalairtravels.com
patron shall and shall ensure that all its officers, employees and agents, at all times, comply with
all laws, rule, regulations and notifications pertaining to anti-bribery, anti-corruption and money
laundering and/or corrupt payments including but not limited to prevention of corruption act
1988, indian penal code, 1860, foreign contribution (regulation) act, 2010, prevention of money
laundering act, 2002, foreign corrupt practices act 1977, uk bribery act 2010 including any such
policies of www.oswalairtravels.com (along with their modifications) that the
www.oswalairtravels.com patron and its officers, employees, third party service
providers/contractors and agents may be required to comply with from time to time.
Insurance
The www.oswalairtravels.com patron shall during the term of the agreement,
maintain at all times appropriate insurances with coverage as per industry standards, which shall
include but not be limited to fire insurance, commercial general liability insurance, error and
omission liability insurance, etc., for the property. you are advised to carefully review policy
terms and conditions including coverage details and exclusions.
Force Majeure - Notwithstanding anything to the contrary contained herein
www.oswalairtravels.com shall be liable for any delays or failures in performance resulting from
acts beyond its reasonable control including, without limitation, acts of god, acts of war or
terrorism, outbreak of an epidemic and/or pandemic, natural disasters, imposition of lockdown
by any local, state and central government, significant or partial travel restrictions, interruptions,
malfunction or breakdown of computer facilities, cyber-attacks, irretrievable breakdown of
www.oswalairtravels.com platform, or loss of data due to power failures or mechanical
difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
Relationship -
The parties’ relationship, as established by this Agreement, is solely on principal
to principal basis as independent contractors agreeing to provide service on the basis of this
Agreement. Neither party is a legal representative, agent or employee of the other party, and
other than specifically authorised under this Agreement, neither Party can assume or create any
obligation, representation, warranty or guarantee, express or implied, on behalf of the other party
for any purpose whatsoever.
Assignment
The www.oswalairtravels.com patron shall not assign, transfer or delegate this
agreement to any third party without www.oswalairtravels.com ’s prior written consent.
www.oswalairtravels.com shall be entitled to assign the benefit of this agreement to any other
party at any time and shall inform the www.oswalairtravels.com patron thereof within a period
of 30 days thereafter
Amendment/Modification
www.oswalairtravels.com reserves the right to amend the
commercial terms by way of a prior written intimation to the www.oswalairtravels.com patron
duly acknowledged and accepted by the www.oswalairtravels.com patron. notwithstanding the
foregoing, www.oswalairtravels.com also reserves the right to modify these terms (except
commercial terms), at any time. it will be your responsibility to keep yourself updated with the
terms from time to time. we will endeavour to intimate you of any changes at least 30 (thirty)
days prior to such changes becoming effective. your continued usage of the
www.oswalairtravels.com platform and services would be deemed to be an acceptance of the
terms and the modifications thereto
Waiver
- Neither party’s failure to exercise any right or remedy in consequence under these
Terms will not constitute a waiver of such term or condition or prevent subsequent enforcement
of such term or condition, unless agreed in writing.
Notice
Unless specified otherwise, any notices or other communications to
www.oswalairtravels.com patrons under these terms, will be provided electronically and given
by www.oswalairtravels.com via email, www.oswalairtravels.com platform notification,
messaging service (including sms and whatsapp), or any other contact method that is enabled by
www.oswalairtravels.com and contact information provided by you. any notices to
www.oswalairtravels.com shall be sent on admin@oswalairtravels.com
Severability the www.oswalairtravels.com patron acknowledges and agrees that if any of the
provisions of this agreement is deemed invalid, void, illegal, and unenforceable, such provision
shall stand severed from this agreement and the remaining provisions of this agreement shall
remain valid and enforceable and binding on the parties.
Publicity
- The www.oswalairtravels.com patron understands and agrees that by virtue of the
services provided under this agreement, www.oswalairtravels.com shall use/publish the
www.oswalairtravels.com patron and/or its property’s name, details and images including other
details on any www.oswalairtravels.com platform(s) and online and offline demand channels.
however, the www.oswalairtravels.com patron shall not have the right to use the
www.oswalairtravels.com name or www.oswalairtravels.com marks in any independent sales or
marketing publication or advertisement, or in any other manner, without prior written consent of
www.oswalairtravels.com , except for and to the extent permissible under this agreement.
Entire Agreement
These Terms as may be supplemented by additional terms and conditions,
including policies, guidelines, standards, and in-product disclosures (as well as those items
incorporated by reference) contains the entire understanding between www.oswalairtravels.com
and you with respect to your usage of the www.oswalairtravels.com platform and supersede any
and all prior oral or written understandings or agreements between www.oswalairtravels.com
and you. you acknowledge and agree that if any of the provisions of these terms are deemed
invalid, void, illegal, and unenforceable, such provision shall stand severed from these terms and
the remaining provisions of these terms shall remain valid and enforceable and binding on you
and www.oswalairtravels.com .
Appendix 1
DEFINITIONS
“Account” shall mean the account created by the www.oswalairtravels.com patron on the
www.oswalairtravels.com platform.
“applicable law” shall mean the requisite information in relation to the
www.oswalairtravels.com patron, including but not limited to property details, personal details,
copy of government identification, corporate identification, banking information, tax
documentation etc.
“Approvals” shall mean all necessary approvals, permissions, authorizations, consents,
clearances, licenses and notifications as may be applicable or required from any governmental,
regulatory or departmental authority (central or state or local, including building sanctions, lift
operating licenses, fire department clearance, tourism, local municipality approvals and licenses
etc.) required by the www.oswalairtravels.com patron to carry on its business from the property,
which are valid and have not ceased or extinguished or suspended due to any reason.
“Contracted Rooms” shall mean the number of rooms listed on the www.oswalairtravels.com
platform under this agreement other than the non-operational Rooms at the Property for listing
on www.oswalairtravels.com ’s Platform and other OTA’s. Contracted Rooms shall at all times
be under the operational control of the www.oswalairtravels.com Patron.
“Commercial Terms” shall mean the financial terms associated with the provision of Products
and Services under this Agreement as first agreed above and/ or agreed subsequent to the signing
of this Agreement based on which commission(s) and fee(s) will be charged by
www.oswalairtravels.com
“Data” shall mean any and all information (whether in verbal, written, manual or electronic
form) received by www.oswalairtravels.com and/or the www.oswalairtravels.com Patron
through the www.oswalairtravels.com Platform, OTA, call centers, travel agents, directly from
the guests, at the Property and/ or exchanged / received pursuant to the of acceptance of these
Terms which includes but is not limited to www.oswalairtravels.com’s information,
www.oswalairtravels.com Patron’s information, Property description and images, guest
information, guest histories and preferences, guest identification details, etc
“Demand Fee” shall mean percentage of Revenue charged as per the corresponding slab set out
towards the demand generation for the Property through managing all the demand channels, both
online and offline, including but not limited to www.oswalairtravels.com Platform, OTA,
www.oswalairtravels.com offline sales, www.oswalairtravels.com call centre, walk-ins and may
or may not include fees for Value Added Services or Products. However, Demand Fee shall be
reduced to the extent of any discounts and incentives offered by www.oswalairtravels.com from
time to time.
“Go-Live Date” shall mean the date when the Property is listed and made available for bookings
on the www.oswalairtravels.com Platform.
“Non-Operational Rooms” shall mean the number of rooms other than the Contracted Rooms
at a Property that are either retained by the www.oswalairtravels.com Patron for own use and/or
are non-sellable/non-serviceable and/or are under maintenance during the term of this
Agreement.
“OTA” or “Online Travel Agent” shall mean all online travel agents, meta channels, online
aggregators or any other online search engines where the Property is listed.
“OTA NOC” shall mean the no objection certificate executed by the www.oswalairtravels.com
Patron to assign its OTA credentials to www.oswalairtravels.com .
“Patron, you, your, yourself” shall mean the company, individual, joint owner, partnership firm
or a limited liability partnership entering into this Agreement and such www.oswalairtravels.com
Patron may be the owner, lessor or operator of the Property.
“ www.oswalairtravels.com Platform” shall mean and include the website
www.oswalairtravels.com rooms.com, any and all subdomains thereof, and any other websites
through which www.oswalairtravels.com makes the services available, our mobile, tablet and
other smart device applications, and application program interfaces.
“ www.oswalairtravels.com Policies” or “Policies” shall collectively mean the time of
acceptance of these Terms, and as may be updated from time to time and policy that may be
issued by www.oswalairtravels.com from time to time, including in relation to Standard
Operating Procedures, Service Standards, Value Added Services, Product and Policies, Guest
Booking Policy, Branding Policy, Quality Score/ 3C Policy, Privacy Policy, etc., and/or such
other policies as referred above in the Terms. [Please insert hyperlink of the
www.oswalairtravels.com Policies]
“ www.oswalairtravels.com Products” or “Products” shall mean the offerings introduced by
www.oswalairtravels.com during the course of this Agreement whether physical/electronic or in
the form of a service solely for the purpose of augmenting the www.oswalairtravels.com
Patron’s experience with www.oswalairtravels.com or enhancing guest experience.
“ www.oswalairtravels.com Services” or “Services” shall mean all the services offered by
www.oswalairtravels.com to the www.oswalairtravels.com patron pursuant to the terms of this
agreement for the purpose of equipping the www.oswalairtravels.com Patron with enhanced
operational capabilities, guest experience, technologies, demand channel and inventory
management capabilities and revenue management services that enable the
www.oswalairtravels.com Patron to compete better, achieve higher occupancies through demand
generation for the Property, generate Revenue and improve earnings by listing their Property on
the www.oswalairtravels.com Platform and other OTA’s
“ www.oswalairtravels.com Secure” shall mean a certain amount deposited in a secure wallet
by the www.oswalairtravels.com Patron as set out under the corresponding slab under
Commercial Terms, which gets adjusted with the payment reconciliation.
“ www.oswalairtravels.com wizard” or “ www.oswalairtravels.com wizard program” shall
mean the customer loyalty program offered by www.oswalairtravels.com to guests who upon
payment of a membership fee avail certain discounts for their bookings for the membership
duration in addition to availing any additional services which may be offered to other members
of the www.oswalairtravels.com Wizard Program from time to time.
“Platform Fee” shall mean the percentage of the Revenue towards use of
www.oswalairtravels.com ’s Technological Know-How
“Property”shall mean the hotel / homes / flat / apartment, owned / leased and/or operated by the
www.oswalairtravels.com Patron.
“Revenue” for the purpose of calculation of Platform Fee and Demand Fee, shall mean all
revenue generated from a guest’s stay at the Property including but not limited to the following:
1. all applicable charges for accommodation at the Property;
2. charges for room upgrades including applicable fee for early check-ins and late check-outs;
3. sale of room packages or any other tour and travel packages sold at the Property;
4. booking through OTA(s), other online channels and walk-in(s);
5. www.oswalairtravels.com Patron references and other services provided;
6. All applicable levies, cesses, duties whether imposed by local / state / central authorities
(wherever applicable), whether charged separately or not;
7. charges for food and beverages/meal plan (availed through the www.oswalairtravels.com
Platform or any other online/offline demand channel managed by www.oswalairtravels.com );
and
8. revenue from any chargeable activity (availed through the www.oswalairtravels.com Platform
or any other online/offline demand channel managed by www.oswalairtravels.com ) incurred
during the guest’s stay at the Property.
“Service Standards” shall have the meaning ascribed to it under Clause 3(H) of this Agreement
and / or any other Policy issued by www.oswalairtravels.com to lay down standards and
parameters for measuring the performance of the Property, including but not limited to guest
experience
“Transaction Tax” means a mandatory charge determined /determinable with reference to
transaction(s), (on purchase / sale or rendering / receiving of service/ goods) to be levied under
the Applicable Law or administrative order in force, including but not limited to value added tax,
sales tax, goods and service tax, excise tax, sales and use tax, consumption tax, municipal tax,
tourism tax, lodging tax, digital service tax or by whatever name called and includes interest,
penalties and fines.
“Technological Know-how” shall mean to include but not be limited to the systems developed
or used by www.oswalairtravels.com in order to enhance the www.oswalairtravels.com Patron’s
management of the Property and performance in the nature of proprietary and distinctive
techniques, technology, software, training methods, operating methods, designs and decor,
apparel, colour schemes, furnishings, marketing materials, promotional strategies, booking and
guest management systems, revenue management services, OTA management services, along
with, additional innovation and updates that www.oswalairtravels.com brings to its systems and
processes.
“Term” shall mean a period of 12 months commencing from the date first mentioned above and
any renewal thereof, in accordance with its Terms.
“Terms of Use” shall mean the terms and conditions relating to the use of the
www.oswalairtravels.com Platform available on www.www.oswalairtravels.com rooms.com
“Value Added Services” or “VAS” shall mean new or improved technologies, tools,
applications and services developed and introduced and offered by www.oswalairtravels.com to
the www.oswalairtravels.com patron to enhance occupancy, guest experience, etc. in relation to
the Property from time to time.
"Walk-in Revenue" shall mean to include all booking and associated services revenue
generated at the Property except booking revenue generated through the
www.oswalairtravels.com Platform and/or other demand channels managed by
www.oswalairtravels.com including OTA.
