Basic Terminology:
1.For the purpose of Rental, Rental Offer, Rental Confirmation, and Terms & Conditions Governing Rentals stated herein, Following meanings and definitions shall hold:
a)“Divine Tradecomm Pvt Ltd” is the company which is offering residential properties for short term rentals to it’s Clients. It shall also be refereed to as Divine, we, us, our and WeekendPlan and shall also include their successors, assigns, employees or representatives etc. in given context.
b)"Rental" or "Renting" shall mean short term / temporary renting of Property by Divine to Client for temporary residential use.
c)“Client” shall mean and include all person or persons or entity Renting 'Property' or 'Utilising Rental' of 'Property offered by Divine for' Rental' and whose name appears as “Client” in 'Rental Offer', 'Rental on Hold', 'Rental Confirmation' and other documents of Divine related to 'Rental'. Client shall also be referred as ‘Clients’, ‘you’, ‘your’, ‘he’, ‘his’, ‘she’, ‘her’, ‘they’, ‘their’ etc. in given context.
d)“Party” shall mean all persons, who are 'Utilising Rental' by staying at the Rented 'Property' including ‘Client’, other adults and all accompanying children including children who are less than 7 year of age and who are not counted in ‘Total Number of Persons in the Party’. Party shall also be referred as ‘they’, ‘their’ etc. in given context.
e)“Visitor” shall mean all person or persons visiting or attending to 'Client' or 'Party' at 'Property' during 'Rental Period'. Visitor shall also be referred as ‘Visitors’, ‘they’, ‘their’ etc. in given context.
f)“Property” shall mean Residential Property whose 'Rental' is sought by 'Client' and offered by Divine for 'Rental'. Property shall also be referred to as ‘Properties’, ‘Villa’, ‘Villas’, ‘Rented Property’ , Rented Villa’.
g)“Number of Rooms Rented” shall mean Total Number of Rooms available in 'Property', which is being offered by Divine and 'Rented' by 'Client'.
h)"Owner" will mean person, persons or entity who owns and/or holds right title and interest in 'Property' and/ or has authority to deal in 'Property' which is being offered for 'Rental' by Divine to it’s 'Client' and shall also include their successors, assigns, employees or representatives etc.
i)"Check-In" is the scheduled date and time from and after which 'Client' and/or 'Party' can start "Utilising Rental' and/or start staying at 'Property'. It shall also be referred to as ‘Rental Start’, ‘Start Rental’ or ‘Start of Rental’ etc.
j)"Check-Out” is the scheduled date and time from and after which 'Client' and/or 'Party' are required to stop "Utilising Rental' and move out of 'Property'. It shall also be referred to as ‘Rental End’, ‘End Rental’ or ‘End of Rental’ etc.
k)“Rental Period” is the period between scheduled 'Check-In' and Schedule 'Check-Out'. i.e. Period which start at scheduled 'Check-In' and end at scheduled 'Check-Out'.
l)"Base Capacity of Villa - Persons Including Children" is total number of persons of 7 years and above for whom the 'Total Base Rental Payable by Client' is stated in case of 'Leased Properties' and 'Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges' is stated in case of 'Non Leased Properties' is stated. This number is based on limits set by Owner of Property to ensure that Property is not damaged due to over crowding.
m)“Total Number of Persons in Client's Party” shall mean Total Number of persons permitted to Check-in and/or Utilise Rental. This Total Number is subject to age limit based base capacity Plus Additional persons stated above. This number is based on limits set by Owner of Property to ensure that Property is not damaged due to over crowding.
n)"Total Base Rental Payable by Client", in case of "Leased Properties", means total amount payable by Client, excluding taxes, for number of persons stated against 'Base Capacity of Villa - Persons Including Children'.
o)"Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges", in case of 'Non Leased Properties', mean amount payable by 'Client' to 'Owner', Which is collected by Divine on behalf of Owner, plus service charge/brokerage/commission charged by Divine to 'Client' for arranging 'Rental'.
p)"Additional Charges for Addl Services" are charges for additional services provided by Divine which are not part of 'Total Base Rental Payable by Client' or part of 'Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges' e.g. Extra person in 'Party' in addition to 'Base Capacity of Villa - Persons Including Children', cook services, nanny service etc.
q)“Total Amount Payable by Client for Rental” in case of 'Leased Properties' and "Total Amount Payable by Client Towards Owner Rental and Our charges" in case of 'Non Leased Properties' is Total amount that becomes due and payable by client at Check-Out towards the Rental and other services. Any shortfall in payment will be recovered from Deposits held by us.
r)"Security Deposit Required for Securing Rental (RSD)" is the amount required to be deposited by 'Client' with Divine as Deposit for securing a 'Confirmed Rental'. This deposit is sought to protect Divine against loss of revenue in case 'Client' cancels 'Rental' booking or if Client does not pay due amounts at 'Check-out'. For the sake of brevity, it will also be referred to as ‘RSD’.
s)"Security Deposit Required for Security of Property etc.(DSD)." is the amount required to be deposited by 'Client' with Divine as Deposit to secure Divine and/or Owner against damages to 'Property' and/or contents therein caused by 'Client' or 'Party' or 'Visitor' or Pet and/or for recovery of any other charges leviable by Divine on 'Client' and/or 'Party'. For the sake of brevity, it will also be referred to as ‘DSD’.
t)“Promotional Offer” means 'Rental Offer' given by Divine and/or declared as such on the website and/or other promotional and marketing media and/or other documents by Divine.
u)“Agent” means a person and/or persons and/or an entity and/or a third party and/or E-commerce website etc. who book 'Rental' for their clients /customers with Divine or who's help Divine seeks to book Rental for their (Agent’s) Clients/customers. Agent shall also be referred to as Travel Agents, TA or TAs.
v)“Our Website” or “Divine’s Website” means all websites with URLs owned and operated by Divine, including www.weekendplan.in, www.lushprive.com.
w)“Rental Offer” is offer of 'Rental' made by Divine to 'Client', at the request of 'Client', giving all details of 'Rental' including Terms & Conditions governing 'Rental' offered by Divine.
x)"Utilising Rental Offer" shall mean depositing part or full amounts towards 'RSD' and/or 'DSD' by 'Client'. By making of even partial Deposit towards 'RSD' and/or 'DSD', 'Client' accepts Divine's Rental Offer and accepts & agrees to abide by Terms & Conditions Governing 'Rental' stated therein and also promises to deposit balance amounts towards 'RSD' and/or 'DSD' by specified due dates. For the convenience of 'Client', on receipt of partial deposits towards 'RSD' and/or 'DSD', unless instructed otherwise in writing by 'Client', Divine shall place subject 'Rental' in 'Confirm and Hold' status subject to receipt of balance amounts of deposits towards RSD and/or DSD by specified due dates.
y)“Rental on Hold” shall mean that for the convenience of 'Client', unless instructed otherwise in writing by Client, on receipt of partial deposit towards 'RSD' and/or 'DSD' from Client, Divine shall hold subject 'Rental' in Confirmed but in Hold status for 'Client', pending receipt of promised balance amount of deposits towards 'RSD' and/or 'DSD' by specified due dates. During 'Rental on Hold' status, Divine is foregoing alternate revenue generation from subject 'Property' for subject 'Rental Period' by not accepting rental for subject 'Property' for subject 'Rental Period' from other 'Clients'. Though, 'Rental' is confirmed and held for 'Client', 'Client' can NOT 'Utilise Rental' or 'Check-In' unless he deposits total specified amounts of 'RSD' and/or 'DSD' by specified due dates.
z)“Rental Confirmation” means that on receipt of total amount of deposits due towards 'RSD' and 'DSD' from 'Client' and 'Client' Divine Confirms that Client can now 'Utilise subject Rental' for 'Subject Period'. On receipt of total amount of deposits towards 'RSD' and 'DSD', Divine shall issue a formal 'Rental Confirmation' to 'Client' which is required to be produced by 'Client' at 'Property' to Permit Check-In by Client to start utilising Rental.
aa)"Utilising Rental" shall mean actually 'Checking-In' and staying at subject 'Property' for 'Subject Period' or part of 'Subject Period' by Client and/or Party pursuant to 'Rental' arrangement .
bb)"Leased Properties" are those Residential Properties which are leased by Divine from their 'Owners', where Divine and 'Owner' have Lessee - Lessor relationship. Such properties are also referred to as "Star" / "★" Properties.
cc)"Non Leased Properties" are those residential 'Properties', which are owned and are in possession of their 'Owners', where Divine ONLY acts as agent of 'Owners' of such Properties for the limited purpose of obtaining 'Rental' for such 'Properties' on behalf of 'Owner' and collecting 'Rental' as well as Deposits on behalf of Owner from Client. Divine Collects their brokerage / commission for providing their services as well as 'RSD' and 'DSD' from their 'Client'.
dd)All terms shall imply singular as well as plural context and such contexts shall be used interchangeably.
Acceptance of Terms & Conditions Governing Rentals:
2.By Renting and/or accepting Rental Offer and/or Utilising Rental Offer and/or Utilising Rental Confirmation and/or Utilising Rental offered by Divine and/or by making deposits towards RSD and/or DSD, either in part or in full, either directly to Divine or through a TA, Client, Party as well as the TA confirms to have carefully read, understood and UNCONDITIONALLY ACCEPTED all the Terms & Conditions Governing Rentals as stated herein as well as on Divine's Website. Further, Client, Party as well as the TA also accept to be bound by and abide by the same irrespective of whether or not they have explicitly accepted them on our Website or through an acceptance link sent by Divine or physically signed acceptance of them. Notwithstanding anything stated herein or elsewhere and irrespective of whether Client has booked Rental directly with Divine or through a TA or through any other third party or website, the Terms & Conditions Governing Rentals stated herein and appearing on our Website shall supersede all other Terms & Conditions of any other entity involved in Rental / Renting process and shall be the ONLY Terms & Conditions Governing Rentals offered by Divine and Client as well as the TA unconditionally accepts to be bound by the same. NO other Terms & Conditions including those offered by the TA or any other third party shall be applicable or shall govern Rental and shall NOT be binding on Divine in any way whatsoever.
3.Not withstanding what is stated above, in case of Leased Properties, by accepting Rental Offer and/or Rental Confirmation and/or Utilising Rental, Client, irrespective of whether Client has booked Rental directly with Divine or through or by a TA, as well as TA, where Rental is booked through or by TA, unconditionally accepts and agrees to abide by not only the Terms & Conditions Governing Rentals stated herein and/or on Divine's Website but also by additional Terms and Conditions of leasing agreed between Divine and Owner, including but not limited to, limiting number of persons occupying his property to avoid excess wear and tear and damages inflicted upon Property due to excessive occupancy and in case of Non Leased Properties, in addition to Terms & Conditions Governing Rentals stated herein and/or on Divine's Website, Client and TA also accepts and agrees to abide by Terms and Conditions which Owner may have prescribed for their Properties, including but not limited to, limiting number of persons occupying his property to avoid excess wear and tear and damages inflicted upon Property due to excessive occupancy. Some of these Terms and Conditions may be different and/or in addition to Terms & Conditions stated herein and/or on our Website. Such Terms and Conditions can be provided on specific request.
Liabilities, Responsibilities and Indemnity:
4.For Leased Properties, Client's and/or TA's contract for Rental is with Divine.
For Non Leased Properties, Client's and/or TA's contract for Rental is with Owner. Divine ONLY acts as an agent / facilitator for arranging Rental for Client from Owner and acts as collecting agent of Owner for collecting Rental / Deposits etc. related to Rental from Client on behalf of Owner. Divine only collects their brokerage / service charge for arranging Rental from Client and collects their service charge / commission / brokerage from Client. As such, Divine accepts no responsibility for provision of accommodation or quality of accommodation provided or other services provided by relevant Owner. Any issues related to Property faced by Client after Starting Rental should be reported to local representative of Owner. Client may also contact Divine to facilitate and help resolution of issues faced by them during office hours or through E Mail.
5.Divine's Website, brochures and other publicity material endeavors to show and project true representation of the entire Property. However, information and content therein are provided to Divine by Owner and/or are captured by Divine at the time of leasing. While Divine has made all reasonable efforts to verify correctness and currency of such information, Divine can not and shall not be held responsible for any variance thereof with actuals. Properties offered for Rental by Divine are privately owned residential properties for personal use and their furnishings and artifacts may be changed from time to time by Owner depending upon Owners' taste. As a result Divine cannot guarantee the presence of particular furnishing, equipment, appliances, artifact, interior appearance etc. that Client may have seen on Divine's Website, brochures and other publicity material or other endeavors of marketing and publicity. Client or Party or TA or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever against Deposits or any other amounts from Divine and/or Owner nor Divine and/or Owner shall be responsible to pay the same to any one including Client or Party or TA on account of such variance or discrepancies.
6.Client and Party explicitly agree to use Rented Property and all facilities and amenities in and around the Rented Property entirely at their own initiative, cost, risk and responsibility. Client and Party accepts to indemnify and hereby indemnifies and shall keep indemnified as well as waives and releases any claims against Divine as well as Owner, for any loss / damage of whatsoever nature and magnitude, including but not limited to financial, non financial, Injuries or death that may be sustained by Client and/or Party and/or Visitors for whatsoever reasons on, near or adjacent to Property, including any common facilities of Property and/or using Property and/or using facilities, amenities, equipment, appliances etc. provided in or around Property. Client or Party or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever from Divine or Owner nor Divine or Owner shall be liable to pay the same to any one including Client or Party or Visitor or any one else on this or any other account.
7.Property covered under this Rental is a residential Property and is NOT A HOTEL or a GUEST HOUSE, nor we are promoting it as a Hotel or Guest house stay. It is a stand-alone private residential property and it does not have any facilities similar to a Hotel or a Guest House nor has any security arrangements or provisions of security of any kind whatsoever nor it is part of Divine's or Owner's responsibility as part of Rental to provide any security arrangements. Only Client, Party and Visitors shall be SOLELY and TOTALLY responsible, at all times, for safe keeping of themselves and their belongings of whatsoever kind, type and nature. Divine or Owner cannot be and shall not be responsible or held responsible in any way whatsoever for any theft or loss or damage to Client or Party or Visitors themselves or to any of their belongings of whatsoever nature and for whatsoever reasons and on whatsoever account and by whomsoever. Client or Party or Visitors or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever from Divine or Owner nor Divine or Owner shall be responsible to pay the same to any one including Client or Party or Visitors or any on else for any loses and/or damages suffered by Client or Party or Visitors or any one else for any reason or on any account whatsoever.
8.Divine assigns responsibility of upkeep, well being and security of contents of Properties offered by them for Rental to person and/or persons assigned for the purpose. Most of the time such person and/or persons, for the sake of convenience, are accommodated and live and reside in and on Property. Client or Party cannot and shall not ask or request such person and/or to leave Property for any reason whatsoever at ANY time, except for short errands. If asked to do so, such person and/or persons will be fully within the instructions given to him / them by Divine and within his / their rights not to comply with such demands, instructions or requests made by Client or Party.
Additional Services:
9.For convenience of Client, and on request of Client and on behalf of Client, Divine arranges additional services like Cook, Chef, Airport transfers, Nanny, Pet Walker, Guide, Vehicle hire etc. by outsourcing such services from third party vendors. However, it is categorically stated and clarified that such services are NOT part of Rental offered by Divine and agreed with Client. Such services are arranged by Divine, on behalf of Client, on reimbursement bases, solely for the convenience of Client without any commitment or obligation of any kind whatsoever on part of Divine. Divine endeavors to find and arrange reliable and proficient vendors of high integrity for providing such services to Client. However, such vendors are not part of Divine and Divine has no control over their reliability, integrity or quality of services provided by them to Client. Divine does not take any responsibility and shall not be held responsible in any way whatsoever for reliability, integrity and quality of services provided by such vendors or for any issues, of whatsoever nature, kind or type, arising on account of such vendors or services provided by them or any acts of omissions and commissions on part of such vendors. In arranging such services, Divine acts only as collecting agent to collect charges for such services on behalf of the vendor of such services from Client. Divine may charge for their services to Client for arranging such services on top of such charges of Vendors. Divine shall not be responsible or liable in any way whatsoever to pay any refund of any kind or compensation any kind or of whatsoever nature to Client, Party or any one else on account of any deficiency in services provided by such Vendors or any acts of omissions and commissions on part of the such vendors or for any other issues arising because of such vendors. Notwithstanding what is stated herein, Divine’s liability, in no case, shall exceed any additional charges Divine may have collected from Client specifically for such services on behalf of the Vendor including service charges of Divine. It is further specifically clarified that the value paid by Client for additional services, if bundled as part of Rental cost, shall be considered to be Zero.
Possession, Right of Admission and Admission Control:
10.In case of Leased Properties, possession of Property Rented by Divine shall always lie with Divine and Divine alone and no one else. In case of Non Leased Properties, possession of Property Rented by Owner shall always lie with Owner and Owner alone and no one else. It is categorically stated and accepted by Client that Client shall not be in possession or claim to be in possession of Property Rented by him at any time whatsoever.
11.For all Leased Properties, Divine reserves absolute and unconditional rights of admission to Property, and In case of Non Leased Properties Owner and Divine, on behalf of Owner, jointly reserves absolute and unconditional right of admission to Property.
12.Client and Party SHALL NOT be allowed to Check-In or Utilise Rental unless, before or at the time of Check-In, they provide and comply with requirements stated bellow. If Check-In and/or Utilisation of Rental is denied for reasons of non-compliance of any of these requirements, NO refund against deposits paid by Client or Compensation of any other kind or of whatsoever nature or amount shall be claimable by Client or due or payable by Divine or Owner to Client or any one else.
a)Client must provide Rental Confirmation issued by Divine, or in case Rental is made through or by a TA, Rental Booking Slip issued by Divine.
b)As required by Government and Police security regulations, every adult in Party, coming to reside at rented property as result of rental arrangements, is MANDATORILY required to provide verifiable copies of government issued photo IDs, along with original photo IDs for verification, at the time of Check-In. It shall be sole responsibility of Client and Party to carry photocopies of their photo IDs of entire Party with them, as Properties do not have photo copying facilities.
c)Client must sign in and enter Name, address and other details of EVERY member of Party, including children, in the Client Register kept at Property.
13.Client has been offered Rental by Divine because information and profile of Client, Party and Pets, in case pets are permitted, provided to Divine before Rental Booking was Confirmed by Divine was found acceptable for offering and Confirming Rental by Divine. If the information and profile provided to Divine are found to be misrepresentation or false in any way whatsoever at any time whatsoever by Divine, Divine shall forthwith revoke Rental, Client shall be refused entry to Property and if Client and Party has already Checked-In, Client and Party shall be removed / evicted from Property by Divine and/or their agents without any recourse whatsoever to refund of Deposits paid by Client or payment compensation of any kind or nature or on any account whatsoever by Divine or Owner.
14.Total Number of Persons in Party and/or total number of persons at Property, including Visitors, shall NOT exceed numbers stated against Total Number of Persons in Client's Party. This number is strictly controlled as per desire of the Owner of Property to prevent excessive Wear and Tear and Damage to Property caused due to very high occupancy. If number of Persons at Property, including Visitors, exceed number stated against Total Number of Persons in Client's Party, Client and Party may be refused Check-In and/or Utilisation of Rental and if Client and/or Party has already Checked-In, they will be removed / evicted from Property without any recourse whatsoever to refund of Deposits paid by Client or payment compensation of any kind or nature or on any account whatsoever by Divine or Owner. Divine may permit, at Divine's sole discretion, additional persons on charging additional amount. No additional persons will be allowed unless a written acceptance is issued by Divine.
Security Deposit Required for Securing Rental (RSD):
15.For securing Rental, Client has to Deposit an amount equal to amount specified as ‘Security Deposit Required for Securing Rental (RSD)’, by specified date, as a security towards protecting Divine and/or against loss of revenue and lost efforts in case Client cancels Rental booking. Further, if total amount of deposit towards RSD is not received by the specified date, Rental Offer and/or Rental on Hold shall stand cancelled and whatever amount received as RSD shall be refunded subject to standard cancellation policy of Divine stated herein elsewhere.
Security Deposit for Security of Property etc. and Recovery of Charges & Damages (DSD) :
16.As a security towards proper and safe use of Property, Client also has to deposit an amount equal to ‘Security Deposit for Security of Property etc. (DSD)' by specified date. Any loss or damages caused to Property or contents therein including but not limited to soiling and damages caused by Pets, excessive cleaning required, furniture resetting, extra service calls beyond duty timings etc. by Client or Party will be recovered by Divine from the DSD.
17.It is the responsibility of Client and/or Party to observe and report any existing damage to Property or equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. therein within 90 minutes of Checking-In. Unreported damages shall be deemed to have occurred during occupancy by Client and Client shall be held responsible for those damages and resulting charges.
18.Client and Party shall use Property, as well as equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. therein with responsibility and care without causing any intentional, unintentional or accidental damage to them. At the time of Check-Out, Client shall be responsible for leaving Property in good order and reasonably clean condition, save and except normal usage. Client is and shall be responsible for any damage caused to Property, as well as to equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. in and around Property, during their stay, whether intentional, unintentional or accidental. Client shall have to make good and reimburse to Divine any such damage / breakage caused by Client during their stay without demure.
19.It is clarified that even if a single item forming a set is damaged, Client shall be responsible for replacement / repair / refurbishing of entire set unless and identicle replacement can be found. e.g. If a crystal glass in a set of 6 glasses is broken / chipped, Client will be responsible to replace all 6 pcs of the set, if upholstery of a sofa is soiled or damaged, Client will be responsible for replacement of upholstery of all the sofas, if paint on a wall is damaged at one spot Client will be responsible for cost of painting entire wall etc. It is further clarified that such repairs/replacement of damages will be undertaken by Divine on behalf of Client and at the cost and risk of Client.
20.Client SHALL NOT move or relocate any equipment, appliances, furniture, fittings, furnishing, finishing and artifacts from their original location when Client / Party Checked-In without consulting and express consent of Divine, save and except for pool furniture, cane furniture, plastic furniture or dinning chairs. Any act of such nature may result in forfeiture of total DSD without recourse.
21.Property Rented by Client has multiple rooms and facilities and can not be inspected for damages in a short time. Divine will inspect the Property in the intervening time between Client's Check-Out and next Check-In. Further, equipment, appliances, furniture, fittings, furnishing, finishing and artifacts etc. are specially selected by Owner and if any damage is noticed to them, assessing cost of their repairs / replacement can not be accomplished immediately at Check-Out. Therefore, refunding DSD after adjusting any recoverable, if any, can not be done immediately on Check-Out and refunds against DSD SHALL NOT be made at the time of Check-Out. Divine shall endeavor to arrange refund as soon as possible, subject to maximum of 45 days from date of Check-Out. Assessed cost of repairs / replacement shall be communicated to client for their information. Assessment of cost of repairs / replacement arrived at by Divine shall be final and binding on Client and Client shall have no say in the matter and Divine shall have no obligation to take any prior approval from Client of it's assessment.
22.Any refund due against DSD shall be made through a check or bank transfer in favour of Client whose name appears as ‘Client’ in Divine’s documents. If the recoverable charges exceed the amount of DSD paid or blocked on credit card by Client, excess amount will be notified to Client, and Client shall be liable to pay and shall pay the same, without demure, within 7 days of such demand being raised by Divine. In addition to reimbursement of actual costs, Divine separately charge for their services for undertaking repair / replacement.
23.Before going out of Property or while Checking-Out, Client shall make sure that all doors and windows are locked, all appliances & equipment e.g. air conditioning, heater, lights, fans, gas burners, cooking ranges, cooking ovens, dish washers, water taps / faucets etc. are turned off and furniture returned to their original locations. Client shall leave Property in a reasonably clean state. Failure to comply with the above shall result in extra cleaning charges plus applicable taxes.
Rental Offer:
24. Rental Offer, is a document giving salient details of Rental sought by Client and Offered by Divine including Terms & Conditions Governing Rentals, Name of Client, Check-In and Check-Out details, Name of Property, Number of Rooms in Property being Rented, Total Number of Persons in the Party permitted to Check-In and use the Villa, Total Amount Payable, RSD and DSD Payable and specified due dates by which they are required to be deposited etc. Making payment towards depositing RSD and/or DSD or Rental Offer shall clearly construe and mean that Client has read and accepted all the details of Rental and found them to be correct and has unconditionally accepted to abide by Terms & Conditions Governing Rentals stated herein. Issuance of Rental Offer does not ensure that Rental of Property will be held or confirmed for Client. Rental will be Held or Confirmed purely on a first cum first serve bases, based on whose deposit towards RSD & DSD are received first for the subject Property for subject Rental Period. Rental Offer shall stand canceled, withdrawn and null and void, if total deposit required towards RSD & DSD are not received by Divine by specified due dates.
Rental on Hold:
25. As a convenience and special facility to Clients, Divine accepts deposits towards RSD & DSD in parts instead of entire deposits at one go. In case of partial receipts of deposits towards RSD & DSD, on receipt of first trench of part deposit, unless instructed otherwise in writing by Client, Divine shall, at their option, place subject Rental in ‘Rental on Hold’ status i.e. the subject Rental will be treated by Divine as secured confirmed for Client subject to receipt of entire deposit towards RSD & DSD by specified due dates. During the time of such “Rental on Hold” status, Divine will not be accepting any Rental for the subject Property for the subject Rental Period from other Clients, thereby forfeiting all other alternate revenue opportunities which may accrue to Divine from the subject Property for the subject Rental Period. Though the subject Rental is held confirmed for Client, Client can Check-In and Utilise Rental ONLY after depositing total amounts of RSD & DSD. Rental Confirmation intimation, which is necessary for Checking-In to Utilise Rental, shall be processed and issued to Client ONLY after Divine receives entire required RSD & DSD amounts from Client.
Cancellation of Rental on Hold
26.When Rental is in Rental on Hold status as described herein elsewhere, If Total amounts of deposits towards RSD & DSD are not received by Divine by specified due dates, as a result of this default on part of Client, the subject Rental shall stand cancelled, as of specified due dates of receipt of Deposits by Divine, subject to Divine's standard cancellation policy. However, Divine may, at their sole discretion, continue Rental on Hold status of Rental even though due deposits towards RSD & DSD are not received by Divine by specified due dates, however, this cannot be and shall not be construed as acceptance and/or condoning of non-depositing of required RSD & DSD amounts by specified due dates by Client. Not withstanding what is stated earlier in this clause, Divines reserves the right to cancel such Rental kept in extended Hold status, without giving any reasons subject to standard cancellation policy stated herein under, where the effective date of cancellation shall be the specified date by which the RSD and /or DSD was to be received by Divine in full, whichever is later.
27.Not withstanding what is stated herein, Divine reserves the right of cancelling Rental booking kept in Rental on Hold status at anytime before dates specified for receipt of RSD and DSD, if the total amounts of RSD and/or DSD are not received by Divine at the time Divan initiates such cancellation. Divine shall not be required to give any reasons whatsoever for such cancellation. Incase of such a cancellation, Divine’s responsibility and liability shall be ONLY to intimate Client of cancellation and to refund partial amounts of RSD and/or DSD received by Divine till the date of such cancellation and NO MORE. Divine shall not be responsible or liable for any consequential damages suffered or claimed by Client. Client shall not have any cause or rights whatsoever to challenge such cancellation by Divine.
Rental Confirmation:
28.Rental shall be considered to be Confirmed only after receipt of required RSD & DSD by Divine by specified due dates. Once Rental is Confirmed, Divine will issue a Rental Confirmation intimation to Client, which entitles Client to Check-In and Utilise Rental of the subject Property. Divine may, at their sole discretion issue a Rental Confirmation intimation to Client before receiving total amount of Deposits required to secure Rental, subject to receipt of the required deposits before Check-In. Client CAN NOT Check-In or Utilise Rental unless a Rental Confirmation is issued to Client by Divine and Client produces the same at the time of Check-In.
Cancellation, Modifications, Refunds and Penalties:
29 All cancellations and/or modifications of Rental by Client in ‘Rental on Hold’ status or ‘Rental Confirmation’ status, for any reason whatsoever, or cancellation of Rental on Hold initiated by Divine after specified due dates of receipt of RSD and /or DSD for non receipt of total amounts of RSD & DSD by specified due dates, shall be subject to cancellation penalties, herein after for sake of brevity referred to as “CP”, levied by Divine and payable by Client as per the schedule given bellow, where “Days” are number of days left between the schedule Check-In date and cancellation / modification date, Dues date of receipt of RSD and/or DSD, which ever is later, in case of Rental on Hold status, excluding both days.
Days Cancellation Penalty (CP) Payable by Client
a)More than 21 Days - 50% of "Rental Deposit (RSD) Required for Securing the Rental"
b)Between 15 and 21 Days - 75% of "Rental Deposit (RSD) Required for Securing the Rental"
c)Less than 15 Days - 100% of "Rental Deposit (RSD) Required for Securing the Rental"
d)All Rental made against promotional offers - 100% of "Rental Deposit (RSD) Required for Securing the Rental" irrespective of “Days”
All requests for cancellation / modifications initiated by Client or TA shall be accepted by Divine ONLY and ONLY if made by the person / entity booking Rental and in case Rental is booked by a TA such request must be received from TA. All requests for cancellation / modifications must be made in writing or through E Mail made from the E Mail ID registered with Divine against subject Rental. Request from any other person / entity or in any other mode / format shall not be entertained, recognised, accepted or acted upon by Divine. In case of Cancellation, amounts deposited towards RSD shall be refunded after deducting CP from deposits received towards RSD. If deposit received towards RSD is not sufficient to cover the CP, balance unrecovered CP shall be recovered from deposits received towards DSD. If that does not cover the CP, such shortfall shall be intimated to Client and Client shall make good and make payment of such shortfall to Divine within 7 days of intimation without demure.
30.
For Rentals booked through TA, all modifications, cancellations and refunds shall ONLY be processed through TA who has booked the Rental. Client shall have to approach the TA through whom Client had booked Rental for modifying or cancelling Rental or lodging claim for refund. Divine shall not entertain or engage directly with Clients who arranged/booked Rental through TA.
31.
Rentals booked against Promotional Offers CAN NOT be Modified or Cancelled and are NON REFUNDABLE. NO REFUND against RSD paid of any kind for any amount or compensation of whatsoever nature or for any reason whatsoever shall be due to Client or anyone else or payable by Divine to Client or any one else for cancellation or modification of Rentals made against Promotional Offers.
32.
If Divine, at their sole discretion, determines that Client or any one else has booked Rental for fraudulent or competitive purposes, Divine may cancel subject Rental booking at any time without any prior intimation to Client or any one else without any recourse to refund or compensation of any kind or nature whatsoever.
Non Transferable:
33.
All Rentals Booked, whether on Hold or Confirmed are NON TRANSFERABLE and can not be transferred to any one else by Client.
Pets Policy:
34.
INDICATIVE policy on permissibility of Pets is clearly stated on our Website against each individual Properties. However, Notwithstanding what is indicated on Divine's website or any other promotional material, even in Properties listed as ‘Pet Friendly’, Pets are permitted ONLY subject to Client taking PRIOR written approval from Divine at the time of Booking Rental. Such approval will be clearly indicated on Booking Confirmation issued to Client. Divine may grant such approval at Divine's SOLE discretion, and if granted, it shall be specific for a particular Pet whose description and picture shall be provided to Divine by Client in advance before permission is granted and such permission shall be subject to payment of a non-refundable Pet Fee and additional Security Deposits. Client, including Party and Visitors, who bring Pets to Property without Divine's prior written approval or brings Pets other than the one whose specific approval is granted, shall not be allowed to Check-In and if Client and Party have already Checked-In, they will be prevented from Utilising Rental and evicted by Divine and/or their agents from Property. In such a case, Client and Party shall be without recourse to any refund of any deposits paid or whatsoever other amounts paid or any other compensation. Pets, when permitted by Divine, must be kept on Property and should always be in company and control of Client or member of Party. Client and members of Party shall be solely and entirely responsibility to ensure that Pets do not soil, spoil or damage Property, it's surroundings, equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. nor do they create any nuisance to neighbors in any manner whatsoever, including but not limited to barking.
Check-In (Start of Rental) and Check-Out (End of Rental) Timing:
35.
Check-In: Check-In Time shall be as specified in Rental Offer or relevant Rental Confirmation and shall be STRICTLY adhered to. Divine advises and encourages Clients NOT to arrive at Property before stated Check-In time. We once again emphasise that Properties offered by Divine for Rental are residential Properties and are NOT Hotels and do not have waiting area or lobby to accommodate Clients arriving before Check-In time. If Client arrives and enters Property before stated Check-In time or before the time agreed in writing by Divine, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of Total Amount payable by him.
36.
Check-Out: Check-Out time shall be as specified in Rental Offer or relevant Rental Confirmation and shall be STRICTLY adhered to. If an alternate Check-Out time is agreed to by Divine, it shall be clearly communicated in writing on the Booking Confirmation. Client WILL NOT be permitted to occupy or stay at Property beyond Check-Out time stated on Booking Confirmation. If the Check-Out is delayed by Client for whatever reasons, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of his Total Amount Payable by him.
Failures of Utilities / Equipment, Reassignments etc.:
37.
Divine and/or Owner of Property shall not be responsible or liable, in any way whatsoever, for failure or outages of utilities like power or water supply etc. or any acts of nature or failures / malfunction of mechanical or electrical or electronic systems / equipment / appliances, drainage / water system etc. which may possibly limit use of Property and/or facilities therein or reduce the comfort of stay. No REFUND, REIMBURSEMENT or COMPENSATION, of any kind whatsoever, shall be claimable by Client or anyone else from Divine and/or Owner or receivable by Client or anyone else from Divine and/or Owner or payable by Divine and/or Owner on such accounts to any one. However, Divine and/or Owner will put in their best efforts to have such failures or breakdowns rectified as soon as possible, but Divine and/or Owner cannot control the scheduling of outside service agencies. Divine and/or Owner shall have the right to arrange, inspect and make mends during Rental Period i.e. during Client’s stay in Property.
38.
If Property Rented by Client become unavailable or uninhabitable, for whatever reasons, Divine reserve the right to provide alternate comparable Property for Rental at comparable location whose Rental cost is within range of Rental booked by Client. If a Property in comparable price range is not available, additional Rental may have to be paid by Client for Renting of alternate higher-grade Property. If Client does not prefer to be assigned another Property for Rental, maximum liability of Divine will be STRICTLY LIMITED to refunding RSD & DSD actually received by Divine from Client to the extent of Unutilised Period of Rental on pro-rata basis and NO MORE. Divine SHALL NOT be liable in any way whatsoever for any consequential damages claimed by Client or anyone else on whatsoever grounds. In case of Non Leased Properties, such alternate accommodation and/or refunds shall be subject to approval and acceptance by Owner of Property.
Safety and Prohibitions:
39.
Client MUST understand that Property Rented by him from Divine is a residential property in a quiet residential area with neighbors living around. It is imperative that Client DOES NOT conduct any act which disturbs the tranquility, peace and modesty of the neighbors. Therefore and for other considerations and reasons Client and/or Party;
a)
SHALL NOT use Property for any purpose other than residential purpose,
b)
SHALL NOT cause any nuisance to neighbors of Property,
c)
SHALL NOT have more number of persons in Party than number specified against Total Number of Persons in Client's Party,
d)
SHALL NOT Play loud Music or talk loudly outside the residential quarters of Property, which includes but is not limited to Poolside, Garden, Compound, Balconies or Terraces etc. such that the sound and noise so generated is carried beyond compound walls of Property / Villa, causing disturbance to neighbors,
e)
SHALL NOT play any loud music or create any noise nuisance, even within the residential quarters of Property, such that the noise so generated is carried beyond compound walls of Property / Villa, causing disturbance to neighbors,
f)
SHALL NOT use Property for committing or conducting any unlawful act,
g)
SHALL NOT use Property to conduct any immoral activity or act,
h)
SHALL NOT bring or store any inflammable, restricted or prohibited material in or around Property.
i)
SHALL NOT posses, bring or consume ‘NARCOTICS’ and other substances which, in common parlance, are known as ‘DRUGS’ and any other prohibited substances to Property or organise ‘RAVE’ party in or around Property. Breach of this condition will result in immediate lodging of a Police Complaint by Divine against Client and Party.
j)
SHALL NOT lite Open Fires except in fire pit or BBQ grills provided at Property,
k)
SHALL NOT lite fire works in or around Property,
l)
SHALL NOT organise House Parties at Property,
m)
SHALL NOT have Beer Kegs on Property.
40.
All Properties offered by Divine for Rental are Residential NO SMOKING Properties. Smoking is STRICTLY PROHIBITED any where in and on Property. Smoking in Property shall result in additional charges for detoxifying Property of smell of the smoke and Client shall pay such charges as demanded by Divine without demure.
41.
While, in general, alcohol consumption is permitted on Property, it is subject to it's permissibility under local laws. Where alcohol consumption is permitted by law, if the law requires to have alcohol consumption permit, it is MANDATORY that each individual consuming alcohol has an alcohol consumption permit in his or her possession. Divine encourage Clients to consume responsibly.
Specific and General Breach:
42. Breach of any of the clauses stated under "Safety and Prohibitions" herein above, shall result in automatic and immediate termination of Rental and will also result in immediate eviction / removal of Client and Party from Property and immediate forfeiture of entire RSD and DSD or any other amounts paid by Client without recourse whatsoever to any refund of amounts paid or deposited by Client.
43. Any breach or violation of any of the Terms & Conditions Governing Rentals stated herein by Client or Party shall render Rental to be terminated and Client and Party shall be liable to be immediately evicted from Property and shall result in forfeiture of entire RSD and DSD or any other amounts paid by Client without recourse whatsoever to any refund of amounts paid or deposited by Client, notwithstanding whether the individual clause or clauses being breached refer to “non refundable” nature for the breach or not.
Jurisdiction:
44. Irrespective of the Location of Property and/or location of Client and/or location of Owner of Property it is covenant and accepted by Client that registered office of Divine is located in Mumbai, Rental Offer is issued by Divine in Mumbai, payment towards RSD and DSD and Rental is received by Divine in Mumbai, Rental on Hold and/or Rental Confirmation are issued by Divine in Mumbai, and Rental is accepted by Divine in Mumbai. Further, Client unconditionally accepts and agrees that any and all issues or disputes arising out of Rental Offer, Rental on Hold, Rental Confirmation, Utilisation of Rental or any other issue shall be governed by and construed in accordance with laws of the Union of India and shall be subject ONLY and ONLY to the jurisdiction of the courts of Mumbai, without regard to the principles of conflicts to law of any other jurisdiction and without regards to whether Divine has taken GST registration in multiple states or not.
Relevance of Headings:
45. Heading given above are only for the sake of convenience and shall not be construed to carry meaning of clauses stated under them nor shall the clauses under the headings be interpreted in relation to meanings of headings.
1.For the purpose of Rental, Rental Offer, Rental Confirmation, and Terms & Conditions Governing Rentals stated herein, Following meanings and definitions shall hold:
a)“Divine Tradecomm Pvt Ltd” is the company which is offering residential properties for short term rentals to it’s Clients. It shall also be refereed to as Divine, we, us, our and WeekendPlan and shall also include their successors, assigns, employees or representatives etc. in given context.
b)"Rental" or "Renting" shall mean short term / temporary renting of Property by Divine to Client for temporary residential use.
c)“Client” shall mean and include all person or persons or entity Renting 'Property' or 'Utilising Rental' of 'Property offered by Divine for' Rental' and whose name appears as “Client” in 'Rental Offer', 'Rental on Hold', 'Rental Confirmation' and other documents of Divine related to 'Rental'. Client shall also be referred as ‘Clients’, ‘you’, ‘your’, ‘he’, ‘his’, ‘she’, ‘her’, ‘they’, ‘their’ etc. in given context.
d)“Party” shall mean all persons, who are 'Utilising Rental' by staying at the Rented 'Property' including ‘Client’, other adults and all accompanying children including children who are less than 7 year of age and who are not counted in ‘Total Number of Persons in the Party’. Party shall also be referred as ‘they’, ‘their’ etc. in given context.
e)“Visitor” shall mean all person or persons visiting or attending to 'Client' or 'Party' at 'Property' during 'Rental Period'. Visitor shall also be referred as ‘Visitors’, ‘they’, ‘their’ etc. in given context.
f)“Property” shall mean Residential Property whose 'Rental' is sought by 'Client' and offered by Divine for 'Rental'. Property shall also be referred to as ‘Properties’, ‘Villa’, ‘Villas’, ‘Rented Property’ , Rented Villa’.
g)“Number of Rooms Rented” shall mean Total Number of Rooms available in 'Property', which is being offered by Divine and 'Rented' by 'Client'.
h)"Owner" will mean person, persons or entity who owns and/or holds right title and interest in 'Property' and/ or has authority to deal in 'Property' which is being offered for 'Rental' by Divine to it’s 'Client' and shall also include their successors, assigns, employees or representatives etc.
i)"Check-In" is the scheduled date and time from and after which 'Client' and/or 'Party' can start "Utilising Rental' and/or start staying at 'Property'. It shall also be referred to as ‘Rental Start’, ‘Start Rental’ or ‘Start of Rental’ etc.
j)"Check-Out” is the scheduled date and time from and after which 'Client' and/or 'Party' are required to stop "Utilising Rental' and move out of 'Property'. It shall also be referred to as ‘Rental End’, ‘End Rental’ or ‘End of Rental’ etc.
k)“Rental Period” is the period between scheduled 'Check-In' and Schedule 'Check-Out'. i.e. Period which start at scheduled 'Check-In' and end at scheduled 'Check-Out'.
l)"Base Capacity of Villa - Persons Including Children" is total number of persons of 7 years and above for whom the 'Total Base Rental Payable by Client' is stated in case of 'Leased Properties' and 'Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges' is stated in case of 'Non Leased Properties' is stated. This number is based on limits set by Owner of Property to ensure that Property is not damaged due to over crowding.
m)“Total Number of Persons in Client's Party” shall mean Total Number of persons permitted to Check-in and/or Utilise Rental. This Total Number is subject to age limit based base capacity Plus Additional persons stated above. This number is based on limits set by Owner of Property to ensure that Property is not damaged due to over crowding.
n)"Total Base Rental Payable by Client", in case of "Leased Properties", means total amount payable by Client, excluding taxes, for number of persons stated against 'Base Capacity of Villa - Persons Including Children'.
o)"Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges", in case of 'Non Leased Properties', mean amount payable by 'Client' to 'Owner', Which is collected by Divine on behalf of Owner, plus service charge/brokerage/commission charged by Divine to 'Client' for arranging 'Rental'.
p)"Additional Charges for Addl Services" are charges for additional services provided by Divine which are not part of 'Total Base Rental Payable by Client' or part of 'Rental Payable by Client to Owner + Other charges payable to Owner + Our Service Charges' e.g. Extra person in 'Party' in addition to 'Base Capacity of Villa - Persons Including Children', cook services, nanny service etc.
q)“Total Amount Payable by Client for Rental” in case of 'Leased Properties' and "Total Amount Payable by Client Towards Owner Rental and Our charges" in case of 'Non Leased Properties' is Total amount that becomes due and payable by client at Check-Out towards the Rental and other services. Any shortfall in payment will be recovered from Deposits held by us.
r)"Security Deposit Required for Securing Rental (RSD)" is the amount required to be deposited by 'Client' with Divine as Deposit for securing a 'Confirmed Rental'. This deposit is sought to protect Divine against loss of revenue in case 'Client' cancels 'Rental' booking or if Client does not pay due amounts at 'Check-out'. For the sake of brevity, it will also be referred to as ‘RSD’.
s)"Security Deposit Required for Security of Property etc.(DSD)." is the amount required to be deposited by 'Client' with Divine as Deposit to secure Divine and/or Owner against damages to 'Property' and/or contents therein caused by 'Client' or 'Party' or 'Visitor' or Pet and/or for recovery of any other charges leviable by Divine on 'Client' and/or 'Party'. For the sake of brevity, it will also be referred to as ‘DSD’.
t)“Promotional Offer” means 'Rental Offer' given by Divine and/or declared as such on the website and/or other promotional and marketing media and/or other documents by Divine.
u)“Agent” means a person and/or persons and/or an entity and/or a third party and/or E-commerce website etc. who book 'Rental' for their clients /customers with Divine or who's help Divine seeks to book Rental for their (Agent’s) Clients/customers. Agent shall also be referred to as Travel Agents, TA or TAs.
v)“Our Website” or “Divine’s Website” means all websites with URLs owned and operated by Divine, including www.weekendplan.in, www.lushprive.com.
w)“Rental Offer” is offer of 'Rental' made by Divine to 'Client', at the request of 'Client', giving all details of 'Rental' including Terms & Conditions governing 'Rental' offered by Divine.
x)"Utilising Rental Offer" shall mean depositing part or full amounts towards 'RSD' and/or 'DSD' by 'Client'. By making of even partial Deposit towards 'RSD' and/or 'DSD', 'Client' accepts Divine's Rental Offer and accepts & agrees to abide by Terms & Conditions Governing 'Rental' stated therein and also promises to deposit balance amounts towards 'RSD' and/or 'DSD' by specified due dates. For the convenience of 'Client', on receipt of partial deposits towards 'RSD' and/or 'DSD', unless instructed otherwise in writing by 'Client', Divine shall place subject 'Rental' in 'Confirm and Hold' status subject to receipt of balance amounts of deposits towards RSD and/or DSD by specified due dates.
y)“Rental on Hold” shall mean that for the convenience of 'Client', unless instructed otherwise in writing by Client, on receipt of partial deposit towards 'RSD' and/or 'DSD' from Client, Divine shall hold subject 'Rental' in Confirmed but in Hold status for 'Client', pending receipt of promised balance amount of deposits towards 'RSD' and/or 'DSD' by specified due dates. During 'Rental on Hold' status, Divine is foregoing alternate revenue generation from subject 'Property' for subject 'Rental Period' by not accepting rental for subject 'Property' for subject 'Rental Period' from other 'Clients'. Though, 'Rental' is confirmed and held for 'Client', 'Client' can NOT 'Utilise Rental' or 'Check-In' unless he deposits total specified amounts of 'RSD' and/or 'DSD' by specified due dates.
z)“Rental Confirmation” means that on receipt of total amount of deposits due towards 'RSD' and 'DSD' from 'Client' and 'Client' Divine Confirms that Client can now 'Utilise subject Rental' for 'Subject Period'. On receipt of total amount of deposits towards 'RSD' and 'DSD', Divine shall issue a formal 'Rental Confirmation' to 'Client' which is required to be produced by 'Client' at 'Property' to Permit Check-In by Client to start utilising Rental.
aa)"Utilising Rental" shall mean actually 'Checking-In' and staying at subject 'Property' for 'Subject Period' or part of 'Subject Period' by Client and/or Party pursuant to 'Rental' arrangement .
bb)"Leased Properties" are those Residential Properties which are leased by Divine from their 'Owners', where Divine and 'Owner' have Lessee - Lessor relationship. Such properties are also referred to as "Star" / "★" Properties.
cc)"Non Leased Properties" are those residential 'Properties', which are owned and are in possession of their 'Owners', where Divine ONLY acts as agent of 'Owners' of such Properties for the limited purpose of obtaining 'Rental' for such 'Properties' on behalf of 'Owner' and collecting 'Rental' as well as Deposits on behalf of Owner from Client. Divine Collects their brokerage / commission for providing their services as well as 'RSD' and 'DSD' from their 'Client'.
dd)All terms shall imply singular as well as plural context and such contexts shall be used interchangeably.
Acceptance of Terms & Conditions Governing Rentals:
2.By Renting and/or accepting Rental Offer and/or Utilising Rental Offer and/or Utilising Rental Confirmation and/or Utilising Rental offered by Divine and/or by making deposits towards RSD and/or DSD, either in part or in full, either directly to Divine or through a TA, Client, Party as well as the TA confirms to have carefully read, understood and UNCONDITIONALLY ACCEPTED all the Terms & Conditions Governing Rentals as stated herein as well as on Divine's Website. Further, Client, Party as well as the TA also accept to be bound by and abide by the same irrespective of whether or not they have explicitly accepted them on our Website or through an acceptance link sent by Divine or physically signed acceptance of them. Notwithstanding anything stated herein or elsewhere and irrespective of whether Client has booked Rental directly with Divine or through a TA or through any other third party or website, the Terms & Conditions Governing Rentals stated herein and appearing on our Website shall supersede all other Terms & Conditions of any other entity involved in Rental / Renting process and shall be the ONLY Terms & Conditions Governing Rentals offered by Divine and Client as well as the TA unconditionally accepts to be bound by the same. NO other Terms & Conditions including those offered by the TA or any other third party shall be applicable or shall govern Rental and shall NOT be binding on Divine in any way whatsoever.
3.Not withstanding what is stated above, in case of Leased Properties, by accepting Rental Offer and/or Rental Confirmation and/or Utilising Rental, Client, irrespective of whether Client has booked Rental directly with Divine or through or by a TA, as well as TA, where Rental is booked through or by TA, unconditionally accepts and agrees to abide by not only the Terms & Conditions Governing Rentals stated herein and/or on Divine's Website but also by additional Terms and Conditions of leasing agreed between Divine and Owner, including but not limited to, limiting number of persons occupying his property to avoid excess wear and tear and damages inflicted upon Property due to excessive occupancy and in case of Non Leased Properties, in addition to Terms & Conditions Governing Rentals stated herein and/or on Divine's Website, Client and TA also accepts and agrees to abide by Terms and Conditions which Owner may have prescribed for their Properties, including but not limited to, limiting number of persons occupying his property to avoid excess wear and tear and damages inflicted upon Property due to excessive occupancy. Some of these Terms and Conditions may be different and/or in addition to Terms & Conditions stated herein and/or on our Website. Such Terms and Conditions can be provided on specific request.
Liabilities, Responsibilities and Indemnity:
4.For Leased Properties, Client's and/or TA's contract for Rental is with Divine.
For Non Leased Properties, Client's and/or TA's contract for Rental is with Owner. Divine ONLY acts as an agent / facilitator for arranging Rental for Client from Owner and acts as collecting agent of Owner for collecting Rental / Deposits etc. related to Rental from Client on behalf of Owner. Divine only collects their brokerage / service charge for arranging Rental from Client and collects their service charge / commission / brokerage from Client. As such, Divine accepts no responsibility for provision of accommodation or quality of accommodation provided or other services provided by relevant Owner. Any issues related to Property faced by Client after Starting Rental should be reported to local representative of Owner. Client may also contact Divine to facilitate and help resolution of issues faced by them during office hours or through E Mail.
5.Divine's Website, brochures and other publicity material endeavors to show and project true representation of the entire Property. However, information and content therein are provided to Divine by Owner and/or are captured by Divine at the time of leasing. While Divine has made all reasonable efforts to verify correctness and currency of such information, Divine can not and shall not be held responsible for any variance thereof with actuals. Properties offered for Rental by Divine are privately owned residential properties for personal use and their furnishings and artifacts may be changed from time to time by Owner depending upon Owners' taste. As a result Divine cannot guarantee the presence of particular furnishing, equipment, appliances, artifact, interior appearance etc. that Client may have seen on Divine's Website, brochures and other publicity material or other endeavors of marketing and publicity. Client or Party or TA or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever against Deposits or any other amounts from Divine and/or Owner nor Divine and/or Owner shall be responsible to pay the same to any one including Client or Party or TA on account of such variance or discrepancies.
6.Client and Party explicitly agree to use Rented Property and all facilities and amenities in and around the Rented Property entirely at their own initiative, cost, risk and responsibility. Client and Party accepts to indemnify and hereby indemnifies and shall keep indemnified as well as waives and releases any claims against Divine as well as Owner, for any loss / damage of whatsoever nature and magnitude, including but not limited to financial, non financial, Injuries or death that may be sustained by Client and/or Party and/or Visitors for whatsoever reasons on, near or adjacent to Property, including any common facilities of Property and/or using Property and/or using facilities, amenities, equipment, appliances etc. provided in or around Property. Client or Party or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever from Divine or Owner nor Divine or Owner shall be liable to pay the same to any one including Client or Party or Visitor or any one else on this or any other account.
7.Property covered under this Rental is a residential Property and is NOT A HOTEL or a GUEST HOUSE, nor we are promoting it as a Hotel or Guest house stay. It is a stand-alone private residential property and it does not have any facilities similar to a Hotel or a Guest House nor has any security arrangements or provisions of security of any kind whatsoever nor it is part of Divine's or Owner's responsibility as part of Rental to provide any security arrangements. Only Client, Party and Visitors shall be SOLELY and TOTALLY responsible, at all times, for safe keeping of themselves and their belongings of whatsoever kind, type and nature. Divine or Owner cannot be and shall not be responsible or held responsible in any way whatsoever for any theft or loss or damage to Client or Party or Visitors themselves or to any of their belongings of whatsoever nature and for whatsoever reasons and on whatsoever account and by whomsoever. Client or Party or Visitors or any one else shall not be entitled to any claim and shall not claim or receive any damages, compensation, or refunds of any kind whatsoever from Divine or Owner nor Divine or Owner shall be responsible to pay the same to any one including Client or Party or Visitors or any on else for any loses and/or damages suffered by Client or Party or Visitors or any one else for any reason or on any account whatsoever.
8.Divine assigns responsibility of upkeep, well being and security of contents of Properties offered by them for Rental to person and/or persons assigned for the purpose. Most of the time such person and/or persons, for the sake of convenience, are accommodated and live and reside in and on Property. Client or Party cannot and shall not ask or request such person and/or to leave Property for any reason whatsoever at ANY time, except for short errands. If asked to do so, such person and/or persons will be fully within the instructions given to him / them by Divine and within his / their rights not to comply with such demands, instructions or requests made by Client or Party.
Additional Services:
9.For convenience of Client, and on request of Client and on behalf of Client, Divine arranges additional services like Cook, Chef, Airport transfers, Nanny, Pet Walker, Guide, Vehicle hire etc. by outsourcing such services from third party vendors. However, it is categorically stated and clarified that such services are NOT part of Rental offered by Divine and agreed with Client. Such services are arranged by Divine, on behalf of Client, on reimbursement bases, solely for the convenience of Client without any commitment or obligation of any kind whatsoever on part of Divine. Divine endeavors to find and arrange reliable and proficient vendors of high integrity for providing such services to Client. However, such vendors are not part of Divine and Divine has no control over their reliability, integrity or quality of services provided by them to Client. Divine does not take any responsibility and shall not be held responsible in any way whatsoever for reliability, integrity and quality of services provided by such vendors or for any issues, of whatsoever nature, kind or type, arising on account of such vendors or services provided by them or any acts of omissions and commissions on part of such vendors. In arranging such services, Divine acts only as collecting agent to collect charges for such services on behalf of the vendor of such services from Client. Divine may charge for their services to Client for arranging such services on top of such charges of Vendors. Divine shall not be responsible or liable in any way whatsoever to pay any refund of any kind or compensation any kind or of whatsoever nature to Client, Party or any one else on account of any deficiency in services provided by such Vendors or any acts of omissions and commissions on part of the such vendors or for any other issues arising because of such vendors. Notwithstanding what is stated herein, Divine’s liability, in no case, shall exceed any additional charges Divine may have collected from Client specifically for such services on behalf of the Vendor including service charges of Divine. It is further specifically clarified that the value paid by Client for additional services, if bundled as part of Rental cost, shall be considered to be Zero.
Possession, Right of Admission and Admission Control:
10.In case of Leased Properties, possession of Property Rented by Divine shall always lie with Divine and Divine alone and no one else. In case of Non Leased Properties, possession of Property Rented by Owner shall always lie with Owner and Owner alone and no one else. It is categorically stated and accepted by Client that Client shall not be in possession or claim to be in possession of Property Rented by him at any time whatsoever.
11.For all Leased Properties, Divine reserves absolute and unconditional rights of admission to Property, and In case of Non Leased Properties Owner and Divine, on behalf of Owner, jointly reserves absolute and unconditional right of admission to Property.
12.Client and Party SHALL NOT be allowed to Check-In or Utilise Rental unless, before or at the time of Check-In, they provide and comply with requirements stated bellow. If Check-In and/or Utilisation of Rental is denied for reasons of non-compliance of any of these requirements, NO refund against deposits paid by Client or Compensation of any other kind or of whatsoever nature or amount shall be claimable by Client or due or payable by Divine or Owner to Client or any one else.
a)Client must provide Rental Confirmation issued by Divine, or in case Rental is made through or by a TA, Rental Booking Slip issued by Divine.
b)As required by Government and Police security regulations, every adult in Party, coming to reside at rented property as result of rental arrangements, is MANDATORILY required to provide verifiable copies of government issued photo IDs, along with original photo IDs for verification, at the time of Check-In. It shall be sole responsibility of Client and Party to carry photocopies of their photo IDs of entire Party with them, as Properties do not have photo copying facilities.
c)Client must sign in and enter Name, address and other details of EVERY member of Party, including children, in the Client Register kept at Property.
13.Client has been offered Rental by Divine because information and profile of Client, Party and Pets, in case pets are permitted, provided to Divine before Rental Booking was Confirmed by Divine was found acceptable for offering and Confirming Rental by Divine. If the information and profile provided to Divine are found to be misrepresentation or false in any way whatsoever at any time whatsoever by Divine, Divine shall forthwith revoke Rental, Client shall be refused entry to Property and if Client and Party has already Checked-In, Client and Party shall be removed / evicted from Property by Divine and/or their agents without any recourse whatsoever to refund of Deposits paid by Client or payment compensation of any kind or nature or on any account whatsoever by Divine or Owner.
14.Total Number of Persons in Party and/or total number of persons at Property, including Visitors, shall NOT exceed numbers stated against Total Number of Persons in Client's Party. This number is strictly controlled as per desire of the Owner of Property to prevent excessive Wear and Tear and Damage to Property caused due to very high occupancy. If number of Persons at Property, including Visitors, exceed number stated against Total Number of Persons in Client's Party, Client and Party may be refused Check-In and/or Utilisation of Rental and if Client and/or Party has already Checked-In, they will be removed / evicted from Property without any recourse whatsoever to refund of Deposits paid by Client or payment compensation of any kind or nature or on any account whatsoever by Divine or Owner. Divine may permit, at Divine's sole discretion, additional persons on charging additional amount. No additional persons will be allowed unless a written acceptance is issued by Divine.
Security Deposit Required for Securing Rental (RSD):
15.For securing Rental, Client has to Deposit an amount equal to amount specified as ‘Security Deposit Required for Securing Rental (RSD)’, by specified date, as a security towards protecting Divine and/or against loss of revenue and lost efforts in case Client cancels Rental booking. Further, if total amount of deposit towards RSD is not received by the specified date, Rental Offer and/or Rental on Hold shall stand cancelled and whatever amount received as RSD shall be refunded subject to standard cancellation policy of Divine stated herein elsewhere.
Security Deposit for Security of Property etc. and Recovery of Charges & Damages (DSD) :
16.As a security towards proper and safe use of Property, Client also has to deposit an amount equal to ‘Security Deposit for Security of Property etc. (DSD)' by specified date. Any loss or damages caused to Property or contents therein including but not limited to soiling and damages caused by Pets, excessive cleaning required, furniture resetting, extra service calls beyond duty timings etc. by Client or Party will be recovered by Divine from the DSD.
17.It is the responsibility of Client and/or Party to observe and report any existing damage to Property or equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. therein within 90 minutes of Checking-In. Unreported damages shall be deemed to have occurred during occupancy by Client and Client shall be held responsible for those damages and resulting charges.
18.Client and Party shall use Property, as well as equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. therein with responsibility and care without causing any intentional, unintentional or accidental damage to them. At the time of Check-Out, Client shall be responsible for leaving Property in good order and reasonably clean condition, save and except normal usage. Client is and shall be responsible for any damage caused to Property, as well as to equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. in and around Property, during their stay, whether intentional, unintentional or accidental. Client shall have to make good and reimburse to Divine any such damage / breakage caused by Client during their stay without demure.
19.It is clarified that even if a single item forming a set is damaged, Client shall be responsible for replacement / repair / refurbishing of entire set unless and identicle replacement can be found. e.g. If a crystal glass in a set of 6 glasses is broken / chipped, Client will be responsible to replace all 6 pcs of the set, if upholstery of a sofa is soiled or damaged, Client will be responsible for replacement of upholstery of all the sofas, if paint on a wall is damaged at one spot Client will be responsible for cost of painting entire wall etc. It is further clarified that such repairs/replacement of damages will be undertaken by Divine on behalf of Client and at the cost and risk of Client.
20.Client SHALL NOT move or relocate any equipment, appliances, furniture, fittings, furnishing, finishing and artifacts from their original location when Client / Party Checked-In without consulting and express consent of Divine, save and except for pool furniture, cane furniture, plastic furniture or dinning chairs. Any act of such nature may result in forfeiture of total DSD without recourse.
21.Property Rented by Client has multiple rooms and facilities and can not be inspected for damages in a short time. Divine will inspect the Property in the intervening time between Client's Check-Out and next Check-In. Further, equipment, appliances, furniture, fittings, furnishing, finishing and artifacts etc. are specially selected by Owner and if any damage is noticed to them, assessing cost of their repairs / replacement can not be accomplished immediately at Check-Out. Therefore, refunding DSD after adjusting any recoverable, if any, can not be done immediately on Check-Out and refunds against DSD SHALL NOT be made at the time of Check-Out. Divine shall endeavor to arrange refund as soon as possible, subject to maximum of 45 days from date of Check-Out. Assessed cost of repairs / replacement shall be communicated to client for their information. Assessment of cost of repairs / replacement arrived at by Divine shall be final and binding on Client and Client shall have no say in the matter and Divine shall have no obligation to take any prior approval from Client of it's assessment.
22.Any refund due against DSD shall be made through a check or bank transfer in favour of Client whose name appears as ‘Client’ in Divine’s documents. If the recoverable charges exceed the amount of DSD paid or blocked on credit card by Client, excess amount will be notified to Client, and Client shall be liable to pay and shall pay the same, without demure, within 7 days of such demand being raised by Divine. In addition to reimbursement of actual costs, Divine separately charge for their services for undertaking repair / replacement.
23.Before going out of Property or while Checking-Out, Client shall make sure that all doors and windows are locked, all appliances & equipment e.g. air conditioning, heater, lights, fans, gas burners, cooking ranges, cooking ovens, dish washers, water taps / faucets etc. are turned off and furniture returned to their original locations. Client shall leave Property in a reasonably clean state. Failure to comply with the above shall result in extra cleaning charges plus applicable taxes.
Rental Offer:
24. Rental Offer, is a document giving salient details of Rental sought by Client and Offered by Divine including Terms & Conditions Governing Rentals, Name of Client, Check-In and Check-Out details, Name of Property, Number of Rooms in Property being Rented, Total Number of Persons in the Party permitted to Check-In and use the Villa, Total Amount Payable, RSD and DSD Payable and specified due dates by which they are required to be deposited etc. Making payment towards depositing RSD and/or DSD or Rental Offer shall clearly construe and mean that Client has read and accepted all the details of Rental and found them to be correct and has unconditionally accepted to abide by Terms & Conditions Governing Rentals stated herein. Issuance of Rental Offer does not ensure that Rental of Property will be held or confirmed for Client. Rental will be Held or Confirmed purely on a first cum first serve bases, based on whose deposit towards RSD & DSD are received first for the subject Property for subject Rental Period. Rental Offer shall stand canceled, withdrawn and null and void, if total deposit required towards RSD & DSD are not received by Divine by specified due dates.
Rental on Hold:
25. As a convenience and special facility to Clients, Divine accepts deposits towards RSD & DSD in parts instead of entire deposits at one go. In case of partial receipts of deposits towards RSD & DSD, on receipt of first trench of part deposit, unless instructed otherwise in writing by Client, Divine shall, at their option, place subject Rental in ‘Rental on Hold’ status i.e. the subject Rental will be treated by Divine as secured confirmed for Client subject to receipt of entire deposit towards RSD & DSD by specified due dates. During the time of such “Rental on Hold” status, Divine will not be accepting any Rental for the subject Property for the subject Rental Period from other Clients, thereby forfeiting all other alternate revenue opportunities which may accrue to Divine from the subject Property for the subject Rental Period. Though the subject Rental is held confirmed for Client, Client can Check-In and Utilise Rental ONLY after depositing total amounts of RSD & DSD. Rental Confirmation intimation, which is necessary for Checking-In to Utilise Rental, shall be processed and issued to Client ONLY after Divine receives entire required RSD & DSD amounts from Client.
Cancellation of Rental on Hold
26.When Rental is in Rental on Hold status as described herein elsewhere, If Total amounts of deposits towards RSD & DSD are not received by Divine by specified due dates, as a result of this default on part of Client, the subject Rental shall stand cancelled, as of specified due dates of receipt of Deposits by Divine, subject to Divine's standard cancellation policy. However, Divine may, at their sole discretion, continue Rental on Hold status of Rental even though due deposits towards RSD & DSD are not received by Divine by specified due dates, however, this cannot be and shall not be construed as acceptance and/or condoning of non-depositing of required RSD & DSD amounts by specified due dates by Client. Not withstanding what is stated earlier in this clause, Divines reserves the right to cancel such Rental kept in extended Hold status, without giving any reasons subject to standard cancellation policy stated herein under, where the effective date of cancellation shall be the specified date by which the RSD and /or DSD was to be received by Divine in full, whichever is later.
27.Not withstanding what is stated herein, Divine reserves the right of cancelling Rental booking kept in Rental on Hold status at anytime before dates specified for receipt of RSD and DSD, if the total amounts of RSD and/or DSD are not received by Divine at the time Divan initiates such cancellation. Divine shall not be required to give any reasons whatsoever for such cancellation. Incase of such a cancellation, Divine’s responsibility and liability shall be ONLY to intimate Client of cancellation and to refund partial amounts of RSD and/or DSD received by Divine till the date of such cancellation and NO MORE. Divine shall not be responsible or liable for any consequential damages suffered or claimed by Client. Client shall not have any cause or rights whatsoever to challenge such cancellation by Divine.
Rental Confirmation:
28.Rental shall be considered to be Confirmed only after receipt of required RSD & DSD by Divine by specified due dates. Once Rental is Confirmed, Divine will issue a Rental Confirmation intimation to Client, which entitles Client to Check-In and Utilise Rental of the subject Property. Divine may, at their sole discretion issue a Rental Confirmation intimation to Client before receiving total amount of Deposits required to secure Rental, subject to receipt of the required deposits before Check-In. Client CAN NOT Check-In or Utilise Rental unless a Rental Confirmation is issued to Client by Divine and Client produces the same at the time of Check-In.
Cancellation, Modifications, Refunds and Penalties:
29 All cancellations and/or modifications of Rental by Client in ‘Rental on Hold’ status or ‘Rental Confirmation’ status, for any reason whatsoever, or cancellation of Rental on Hold initiated by Divine after specified due dates of receipt of RSD and /or DSD for non receipt of total amounts of RSD & DSD by specified due dates, shall be subject to cancellation penalties, herein after for sake of brevity referred to as “CP”, levied by Divine and payable by Client as per the schedule given bellow, where “Days” are number of days left between the schedule Check-In date and cancellation / modification date, Dues date of receipt of RSD and/or DSD, which ever is later, in case of Rental on Hold status, excluding both days.
Days Cancellation Penalty (CP) Payable by Client
a)More than 21 Days - 50% of "Rental Deposit (RSD) Required for Securing the Rental"
b)Between 15 and 21 Days - 75% of "Rental Deposit (RSD) Required for Securing the Rental"
c)Less than 15 Days - 100% of "Rental Deposit (RSD) Required for Securing the Rental"
d)All Rental made against promotional offers - 100% of "Rental Deposit (RSD) Required for Securing the Rental" irrespective of “Days”
All requests for cancellation / modifications initiated by Client or TA shall be accepted by Divine ONLY and ONLY if made by the person / entity booking Rental and in case Rental is booked by a TA such request must be received from TA. All requests for cancellation / modifications must be made in writing or through E Mail made from the E Mail ID registered with Divine against subject Rental. Request from any other person / entity or in any other mode / format shall not be entertained, recognised, accepted or acted upon by Divine. In case of Cancellation, amounts deposited towards RSD shall be refunded after deducting CP from deposits received towards RSD. If deposit received towards RSD is not sufficient to cover the CP, balance unrecovered CP shall be recovered from deposits received towards DSD. If that does not cover the CP, such shortfall shall be intimated to Client and Client shall make good and make payment of such shortfall to Divine within 7 days of intimation without demure.
30.
For Rentals booked through TA, all modifications, cancellations and refunds shall ONLY be processed through TA who has booked the Rental. Client shall have to approach the TA through whom Client had booked Rental for modifying or cancelling Rental or lodging claim for refund. Divine shall not entertain or engage directly with Clients who arranged/booked Rental through TA.
31.
Rentals booked against Promotional Offers CAN NOT be Modified or Cancelled and are NON REFUNDABLE. NO REFUND against RSD paid of any kind for any amount or compensation of whatsoever nature or for any reason whatsoever shall be due to Client or anyone else or payable by Divine to Client or any one else for cancellation or modification of Rentals made against Promotional Offers.
32.
If Divine, at their sole discretion, determines that Client or any one else has booked Rental for fraudulent or competitive purposes, Divine may cancel subject Rental booking at any time without any prior intimation to Client or any one else without any recourse to refund or compensation of any kind or nature whatsoever.
Non Transferable:
33.
All Rentals Booked, whether on Hold or Confirmed are NON TRANSFERABLE and can not be transferred to any one else by Client.
Pets Policy:
34.
INDICATIVE policy on permissibility of Pets is clearly stated on our Website against each individual Properties. However, Notwithstanding what is indicated on Divine's website or any other promotional material, even in Properties listed as ‘Pet Friendly’, Pets are permitted ONLY subject to Client taking PRIOR written approval from Divine at the time of Booking Rental. Such approval will be clearly indicated on Booking Confirmation issued to Client. Divine may grant such approval at Divine's SOLE discretion, and if granted, it shall be specific for a particular Pet whose description and picture shall be provided to Divine by Client in advance before permission is granted and such permission shall be subject to payment of a non-refundable Pet Fee and additional Security Deposits. Client, including Party and Visitors, who bring Pets to Property without Divine's prior written approval or brings Pets other than the one whose specific approval is granted, shall not be allowed to Check-In and if Client and Party have already Checked-In, they will be prevented from Utilising Rental and evicted by Divine and/or their agents from Property. In such a case, Client and Party shall be without recourse to any refund of any deposits paid or whatsoever other amounts paid or any other compensation. Pets, when permitted by Divine, must be kept on Property and should always be in company and control of Client or member of Party. Client and members of Party shall be solely and entirely responsibility to ensure that Pets do not soil, spoil or damage Property, it's surroundings, equipment, appliances, cutlery, crockery, utensils, furniture, fittings, furnishing, finishing, structure, artifacts, etc. nor do they create any nuisance to neighbors in any manner whatsoever, including but not limited to barking.
Check-In (Start of Rental) and Check-Out (End of Rental) Timing:
35.
Check-In: Check-In Time shall be as specified in Rental Offer or relevant Rental Confirmation and shall be STRICTLY adhered to. Divine advises and encourages Clients NOT to arrive at Property before stated Check-In time. We once again emphasise that Properties offered by Divine for Rental are residential Properties and are NOT Hotels and do not have waiting area or lobby to accommodate Clients arriving before Check-In time. If Client arrives and enters Property before stated Check-In time or before the time agreed in writing by Divine, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of Total Amount payable by him.
36.
Check-Out: Check-Out time shall be as specified in Rental Offer or relevant Rental Confirmation and shall be STRICTLY adhered to. If an alternate Check-Out time is agreed to by Divine, it shall be clearly communicated in writing on the Booking Confirmation. Client WILL NOT be permitted to occupy or stay at Property beyond Check-Out time stated on Booking Confirmation. If the Check-Out is delayed by Client for whatever reasons, Client will be additionally charged and shall pay 50% of day's rental on pro-rata basis of his Total Amount Payable by him.
Failures of Utilities / Equipment, Reassignments etc.:
37.
Divine and/or Owner of Property shall not be responsible or liable, in any way whatsoever, for failure or outages of utilities like power or water supply etc. or any acts of nature or failures / malfunction of mechanical or electrical or electronic systems / equipment / appliances, drainage / water system etc. which may possibly limit use of Property and/or facilities therein or reduce the comfort of stay. No REFUND, REIMBURSEMENT or COMPENSATION, of any kind whatsoever, shall be claimable by Client or anyone else from Divine and/or Owner or receivable by Client or anyone else from Divine and/or Owner or payable by Divine and/or Owner on such accounts to any one. However, Divine and/or Owner will put in their best efforts to have such failures or breakdowns rectified as soon as possible, but Divine and/or Owner cannot control the scheduling of outside service agencies. Divine and/or Owner shall have the right to arrange, inspect and make mends during Rental Period i.e. during Client’s stay in Property.
38.
If Property Rented by Client become unavailable or uninhabitable, for whatever reasons, Divine reserve the right to provide alternate comparable Property for Rental at comparable location whose Rental cost is within range of Rental booked by Client. If a Property in comparable price range is not available, additional Rental may have to be paid by Client for Renting of alternate higher-grade Property. If Client does not prefer to be assigned another Property for Rental, maximum liability of Divine will be STRICTLY LIMITED to refunding RSD & DSD actually received by Divine from Client to the extent of Unutilised Period of Rental on pro-rata basis and NO MORE. Divine SHALL NOT be liable in any way whatsoever for any consequential damages claimed by Client or anyone else on whatsoever grounds. In case of Non Leased Properties, such alternate accommodation and/or refunds shall be subject to approval and acceptance by Owner of Property.
Safety and Prohibitions:
39.
Client MUST understand that Property Rented by him from Divine is a residential property in a quiet residential area with neighbors living around. It is imperative that Client DOES NOT conduct any act which disturbs the tranquility, peace and modesty of the neighbors. Therefore and for other considerations and reasons Client and/or Party;
a)
SHALL NOT use Property for any purpose other than residential purpose,
b)
SHALL NOT cause any nuisance to neighbors of Property,
c)
SHALL NOT have more number of persons in Party than number specified against Total Number of Persons in Client's Party,
d)
SHALL NOT Play loud Music or talk loudly outside the residential quarters of Property, which includes but is not limited to Poolside, Garden, Compound, Balconies or Terraces etc. such that the sound and noise so generated is carried beyond compound walls of Property / Villa, causing disturbance to neighbors,
e)
SHALL NOT play any loud music or create any noise nuisance, even within the residential quarters of Property, such that the noise so generated is carried beyond compound walls of Property / Villa, causing disturbance to neighbors,
f)
SHALL NOT use Property for committing or conducting any unlawful act,
g)
SHALL NOT use Property to conduct any immoral activity or act,
h)
SHALL NOT bring or store any inflammable, restricted or prohibited material in or around Property.
i)
SHALL NOT posses, bring or consume ‘NARCOTICS’ and other substances which, in common parlance, are known as ‘DRUGS’ and any other prohibited substances to Property or organise ‘RAVE’ party in or around Property. Breach of this condition will result in immediate lodging of a Police Complaint by Divine against Client and Party.
j)
SHALL NOT lite Open Fires except in fire pit or BBQ grills provided at Property,
k)
SHALL NOT lite fire works in or around Property,
l)
SHALL NOT organise House Parties at Property,
m)
SHALL NOT have Beer Kegs on Property.
40.
All Properties offered by Divine for Rental are Residential NO SMOKING Properties. Smoking is STRICTLY PROHIBITED any where in and on Property. Smoking in Property shall result in additional charges for detoxifying Property of smell of the smoke and Client shall pay such charges as demanded by Divine without demure.
41.
While, in general, alcohol consumption is permitted on Property, it is subject to it's permissibility under local laws. Where alcohol consumption is permitted by law, if the law requires to have alcohol consumption permit, it is MANDATORY that each individual consuming alcohol has an alcohol consumption permit in his or her possession. Divine encourage Clients to consume responsibly.
Specific and General Breach:
42. Breach of any of the clauses stated under "Safety and Prohibitions" herein above, shall result in automatic and immediate termination of Rental and will also result in immediate eviction / removal of Client and Party from Property and immediate forfeiture of entire RSD and DSD or any other amounts paid by Client without recourse whatsoever to any refund of amounts paid or deposited by Client.
43. Any breach or violation of any of the Terms & Conditions Governing Rentals stated herein by Client or Party shall render Rental to be terminated and Client and Party shall be liable to be immediately evicted from Property and shall result in forfeiture of entire RSD and DSD or any other amounts paid by Client without recourse whatsoever to any refund of amounts paid or deposited by Client, notwithstanding whether the individual clause or clauses being breached refer to “non refundable” nature for the breach or not.
Jurisdiction:
44. Irrespective of the Location of Property and/or location of Client and/or location of Owner of Property it is covenant and accepted by Client that registered office of Divine is located in Mumbai, Rental Offer is issued by Divine in Mumbai, payment towards RSD and DSD and Rental is received by Divine in Mumbai, Rental on Hold and/or Rental Confirmation are issued by Divine in Mumbai, and Rental is accepted by Divine in Mumbai. Further, Client unconditionally accepts and agrees that any and all issues or disputes arising out of Rental Offer, Rental on Hold, Rental Confirmation, Utilisation of Rental or any other issue shall be governed by and construed in accordance with laws of the Union of India and shall be subject ONLY and ONLY to the jurisdiction of the courts of Mumbai, without regard to the principles of conflicts to law of any other jurisdiction and without regards to whether Divine has taken GST registration in multiple states or not.
Relevance of Headings:
45. Heading given above are only for the sake of convenience and shall not be construed to carry meaning of clauses stated under them nor shall the clauses under the headings be interpreted in relation to meanings of headings.