Koha Consultants Private Limited (“MagoStays”) offers a range of accommodations, including villas, bungalows, farmhouses, and home-stays, all under the “MagoStays” brand. The following Terms and Conditions apply to all guests or customers who book any of these properties or individual rooms directly or via, third-party websites, apps, or through travel agents/advertisements/referrals, collectively referred to as “Booking Channels.” Guests are required to read and understand these Terms and Conditions before making a booking through any of these channels. By making a booking, you agree to these Terms and Conditions. If you do not agree with them, please do not use the website or any Booking Channels to make a reservation. These Terms and Conditions may be updated by MagoStays at any time without prior notice. Updated terms will be effective immediately upon posting. MagoStays may also modify or enhance its services without notice. Therefore, you should regularly review these Terms and Conditions for any changes. Continued use of the website implies acceptance of any updates to the terms.
Unless additional terms and conditions are provided, these Terms and Conditions override all prior representations, agreements, or understandings and take precedence, even if they differ from other terms related to any order placed or service provided by MagoStays.
For both online and offline bookings made through our platform, the terms in these Terms and Conditions are defined as follows:
- (a) “Property/Properties” refers to villas, bungalows, farmhouses, and home-stays available for booking through any Booking Channels.
- (b) “Guest/Guests” denotes individuals, companies, or other entities interested in booking any of the Properties through any Booking Channels. In context, Guests may be addressed as "you" or "you're."
- (c) “Booking” signifies a reservation made by a Guest for any Property for accommodation purposes.
- (d) "Check-In" is the scheduled date and time by which Guests must complete all check-in formalities required by MagoStays, after which they can begin using the reserved property.
- (e) "Check-Out” refers to the scheduled date and time by which the Guest must vacate the Property after completing all required check-out formalities with MagoStays.
- (f) “Booking Period” represents the duration between the scheduled Check-In and the scheduled Check-Out.
- (g) “Booking Amount” is the total amount payable by the Guest to the respective property account to confirm the Booking through the registered payment method, as communicated by MagoStays.
- (h) “Booking Confirmation” is the communication shared by MagoStays with the Guest upon receipt of the Advance (defined below), detailing the Booking, including Terms & Conditions, names and number of Guests, Check-In and Check-Out details, Property name, number of rooms, the Booking Amount payable, Security Deposit amount, and due dates for payment. MagoStays is not obliged to serve a Booking unless the entire Booking Amount is paid by the Guest, even if a Booking Confirmation has been sent. The Booking Confirmation and proof of payment of the entire Booking Amount must be presented by Guests at Check-In.
- (i) "Advance" is the non-refundable deposit required from Guests to secure a Booking for a Property.
- (j) "Security Deposit" is an amount that may be required from Guests on a case-by-case basis, which MagoStays may use for any damages caused to the Property or its contents by Guests or their pets, or to recover other charges imposed by MagoStays.
- (k) “Peak Days” include long weekends and festive dates such as Diwali, New Year's, Christmas, and similar occasions.
Eligibility
The use of our Booking Channels to make a reservation for a Property is restricted to individuals who can legally enter into binding contracts under the Indian Contract Act, 1872. Individuals deemed 'incompetent to contract' as per the Indian Contract Act, 1872, are not eligible to use our Booking Channels for making a reservation.
Access and Interference for Online Bookings
MagoStays grants you a non-exclusive, non-transferable, limited permission to access and display the web pages of this website on your personal computer or other platforms. Failure to comply with the terms, conditions, and notices on this website will result in the automatic termination of any rights granted to you, without prior notice. Beyond the limited permission mentioned above, MagoStays does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not copy any content from this website onto another website or any other media. You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper functioning of this website or any transactions conducted on this website. You confirm that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content without our prior written consent.
The information you provide to us must not contain any viruses, such as Trojan horses, worms, time bombs, cancel bots, or other computer programming routines intended to damage, interfere with, intercept, or expropriate any system, data, or information.
Description of Services Provided by MagoStays
MagoStays functions as an offline platform for booking Properties at affordable rates. It also provides information about these Properties. The availability of certain amenities or services at the Properties at any given time does not guarantee they will always be available, and MagoStays reserves the right to discontinue any amenities or services at its discretion.
Accuracy of Content
MagoStays has made every effort to ensure the accuracy of the content on its Booking Channels and Brochures, particularly with regard to the rates quoted and the details displayed. You acknowledge that MagoStays will not be held responsible for any typographical, technical, or other errors on the Booking Channels.
Additional Services
To enhance the comfort of Guests, MagoStays may, at its sole discretion and depending on availability, arrange additional services such as chefs, cleaners, or vehicle hire by outsourcing these services from third-party vendors at the prior request of Guests. Guests acknowledge that these services may not be included in the Booking Amount, Advance, or Security Deposit paid by the Guests and may incur additional charges. These additional services are provided by MagoStays solely for the convenience of Guests without any obligation or commitment on the part of MagoStays.
Pricing
The tariffs listed on MagoStays Booking Channels are non-negotiable and may change without prior notice. All rates are quoted per room or per multiple rooms. The tariffs for Properties may or may not include applicable taxes, depending on the Property type. If a technical glitch results in an inaccurate tariff being displayed, MagoStays reserves the right to correct the error, and the incorrect tariff will not be enforceable against MagoStays.
Right of Admission and Possession of Property
By making a Booking, Guests acknowledge and accept that they will never possess or claim possession of any of the Properties booked at any time. Guests will not be allowed to check into the Property at or before the Check-In time unless all prescribed requirements are met. If these requirements are not met, Guests will not be entitled to any refund of the Booking Amount or Deposit, nor will any compensation be due from MagoStays.
- (a) Guests must present the Booking Confirmation issued by MagoStays along with proof of payment of the entire Booking Amount.
- (b) In compliance with government security regulations, every Guest staying at the Properties must provide original government-issued photo IDs for verification, as well as a copy of these IDs, on or before check-in.
- (c) Guests must enter the names, addresses, and other details of all guests, including children, in the Guest Register kept at the Property or maintained digitally.
- (d) Guests under the age of 18 must be accompanied by at least one adult. If any Guest provides incorrect or false information during Booking, MagoStays reserves the right to immediately cancel the Booking and deny entry to the Property. If the Guests have already checked in, they may be evicted by MagoStays representatives. In such cases, the Deposits or Booking Amount paid by the Guests will not be refunded, and no compensation will be provided.
At Check-In or during the stay, the total number of Guests, including visitors, must not exceed the number stated at the time of Booking. MagoStays may allow additional persons to stay at the Property at its sole discretion and at an additional cost. No extra persons will be permitted without written approval from MagoStays.
Our Fees
MagoStays reserves the right to apply additional reservation or facilitation fees at any time without prior notice to Guests.
User Terms
By using this website, you acknowledge that you fully assume all risks associated with the transaction, as well as any liability or harm related to any subsequent activity involving the accommodation that is the subject of the transaction(s).
Links to Other Websites
The website may include links to third-party websites and web pages. MagoStays does not endorse or represent these websites or their content, and is not responsible for any claims arising from your use of these sites, as MagoStays has no control over them.
Promotional Offers
By sharing your contact details with MagoStays, you agree to receive promotional content from MagoStays via WhatsApp, email, push notifications, and SMS. MagoStays may offer discounts and promotional deals from time to time, which will be subject to specific terms and conditions that may vary. MagoStays reserves the right to modify or withdraw any promotional offer at any time without prior notice.
Booking Confirmation
Guests understand and agree that payment of the Advance and/or Security Deposit (as determined by MagoStays) or receipt of a Booking Confirmation indicates that they have read and unconditionally accepted all Booking details and terms. However, a Booking Confirmation does not guarantee a confirmed Booking. MagoStays is not obligated to fulfill a Booking unless the entire Booking Amount is paid by the Guest through the designated payment method communicated by MagoStays. If the full Booking Amount is not received by the specified due dates, the Booking Confirmation will be canceled, rendered void, and have no effect.
If a Booking is made through third-party websites, applications, travel agents, advertisements, referrals, or other third parties, the Guest must confirm the Booking with MagoStays. MagoStays will not fulfill a Booking unless the full Booking Amount is received, even if a Booking Confirmation has been issued by such third parties or by MagoStays. Additionally, when booking through third parties, the terms and conditions of those third parties will apply to the Guest and the Booking, alongside the terms and conditions set by MagoStays. In cases where a third party's terms conflict with MagoStays' Terms and Conditions, the Terms and Conditions of MagoStays will take precedence.
Booking on Hold
Upon receiving the Advance and Security Deposit, MagoStays will place the Booking in a "Booking on Hold" status. The Booking will only be confirmed and served once MagoStays receives the full Booking Amount through the designated payment method communicated to the Guest. If the full payment is not received by the specified due date through the registered payment method, MagoStays will not be obligated to fulfill the Booking.
Check-In and Check-Out Timing
The Check-In and Check-Out times are specified in the Booking Confirmation. MagoStays advises Guests not to arrive before the specified Check-In time, as early arrival may be difficult to accommodate. If Guests arrive and enter the Property before the Check-In time, they may incur additional charges, as determined by MagoStays. Any changes to the Check-Out time must be approved in writing by MagoStays. Guests must vacate the Property by the Check-Out time stated in the Booking Confirmation. If they stay beyond this time, additional charges may apply.
Payment of Advances/Security Deposits and Property Damage
To secure a Booking, Guests must pay the Advance before receiving the Booking Confirmation, serving as a security measure to protect MagoStays against potential revenue loss due to cancellation or non-payment. If the Advance is not received, MagoStays will not issue a Booking Confirmation.
Guests are responsible for inspecting the Property and reporting any damage within 90 minutes of Check-In. If no report is made within this time, any damage discovered will be assumed to have occurred during the Guest’s stay, and the Guest will be held liable for the cost of repairs.
Guests must use the Property and its furnishings with care. At Check-Out, the Property should be left in good condition, with only normal wear and tear expected. If damage occurs to an item that is part of a set, and an identical replacement is not available, the Guest will be responsible for replacing the entire set.
Guests are not allowed to move or relocate any equipment, furniture, or decor from their original position without prior consent from MagoStays, except for movable items like chairs.
MagoStays cannot immediately inspect the Property for damages at the time of Check-Out due to the need to inspect multiple rooms and facilities. The inspection will occur between one Guest’s Check-Out and the next Guest’s Check-In. The Security Deposit, minus any deductions for damages, will be refunded within 7 days of Check-Out. The cost of repairs or replacements will be communicated to the Guests and will be final and binding. If repair costs exceed the Security Deposit, the additional amount will be billed to the Guest, who must pay it within 7 days. Refunds of any remaining Security Deposit will be issued by cheque or bank transfer.
Payment Options
MagoStays accepts the following payment methods: UPI or Net Banking
If payment is not made in full by the Guest, MagoStays will not be obligated to fulfill the Booking.
Financial Details
You confirm that the credit/debit card or other financial details you provide are accurate and belong to you legally. You agree not to use any financial facility that is not lawfully owned or obtained by you. MagoStays is not responsible for any fraud related to credit/debit cards; any liability for fraudulent use will be yours, and it will be your responsibility to prove otherwise.
Pets Policy
Pets may be allowed on the Properties at MagoStays' discretion, which will be specified in the Booking Confirmation. MagoStays may charge a non-refundable Pet Fee. If you or your visitors bring pets without prior written approval or bring pets other than the approved ones, those pets will not be allowed to enter the Property, and you may be evicted if already checked in. Approved pets must remain on the Property, under the control and supervision of the Guests at all times. Guests are responsible for ensuring that pets do not soil, damage, or spoil the Property or its furnishings. Pets are not allowed in the swimming pool or on furniture. Guests must also ensure that their pets do not cause any nuisance to neighbors or others around the Property.
Breach of Terms
Violation of any terms and conditions will result in immediate termination of the Booking, eviction from the Property, and forfeiture of the entire Booking Amount or any other payments made by the Guest, without any refund.
Cancellations and Refunds
MagoStays reserves the right to cancel a Booking at any time without prior notice to the Guest.
Safety and Prohibitions
- a. Guests must understand that the Property is a residential area with neighbors living nearby. Guest conduct must not disturb the peace, tranquility, or modesty of the neighbors.
- b. The Property is to be used solely for accommodation and not for any other purpose.
- c. Guests must not cause any nuisance to neighboring properties.
- d. To avoid disturbing neighbors, no loud music should be played in outdoor areas like the poolside, garden, compound, balconies, or terraces.
- e. Guests must not use the Property for unlawful or immoral activities. MagoStays, including its representatives, employees, relatives, or agents, is not liable for any such acts conducted by Guests.
- f. Guests must not possess or consume prohibited drugs or organize rave parties in or around the Property. Violating this condition will lead to MagoStays lodging a Police Complaint against the Guests.
Confidentiality and Personal Data
Any information collected by MagoStays will be kept confidential according to our Privacy Policy. Information provided for any Booking made through our Offline Booking Channels will be kept confidential according to these Terms and Conditions.
Intellectual Property Rights
Unless otherwise specified, the software necessary for our services, as well as all content, information, and materials available on or used by our Offline or Online Booking Channels, are wholly owned by MagoStays. All rights, titles, and interests in these intellectual properties, including but not limited to developments, proprietary information, trademarks, trade names, logos, artwork, slogans, service marks, domain names, brand names, know-how, processes, methods, trade secrets, designs, and any other copyrightable work, are exclusively vested in MagoStays. You are not permitted to copy, scrape, link to, publish, promote, market, integrate, utilize, combine, or otherwise use our content or brand. Should you use or combine our content, or claim any Intellectual Property Rights in the Online Booking Channels, you automatically and irrevocably assign all such rights to MagoStays. Any unauthorized use or actions will be considered a serious infringement of our Intellectual Property Rights.
Limitation and Liability
Guests acknowledge that MagoStays functions solely as an offline booking platform and will not be held liable in the following situations or similar circumstances:
- a) MagoStays is not liable for any accidents, fires, injuries, or deaths resulting from any incidents, including but not limited to altercations between Guests, caretakers, or other emergency situations at the Property.
- b) MagoStays bears no responsibility for any illegal or hazardous activities conducted by Guests or their companions at the Property, nor for any resulting consequences.
- c) MagoStays is not responsible for any criminal acts, such as discrimination, harassment, theft, murder, kidnapping, drug use, prostitution, or any other unlawful or disruptive behavior involving Guests, their companions, caretakers, or third parties.
- d) MagoStays will not be liable for any structural damages, cracks, leaks, or issues with paintwork, electronic devices, swimming pools, windows, doors, or similar Property-related issues. Any claims for damages must be reported to MagoStays immediately and before Check-Out. MagoStays is not liable for any claims made after Check-Out.
In cases where MagoStays is found to be justifiably responsible for damages related to the services provided, their liability will be limited to the Booking Amount paid by the Guest. The final decision on damage claims rests with MagoStays.
Force Majeure: You acknowledge and agree that MagoStays is not liable for any loss or damage incurred during your Booking or while using this website, if such loss arises from a Force Majeure Event. A Force Majeure Event refers to any acts, events, or accidents beyond MagoStays' control, including but not limited to strikes, lock-outs, utility service failures, transport disruptions, acts of God, wars, riots, civil disturbances, malicious damage, earthquakes, compliance with laws, accidents, machinery breakdowns, fires, floods, storms, epidemics, or pandemics.
Guest Issues
Guests must acknowledge that MagoStays makes every reasonable effort to provide accurate and realistic pictures of the Property. However, if the description or depiction of the Property is found to be materially inaccurate concerning its size, MagoStays will not be held responsible or liable. If during the stay, any amenities such as decks, pools, hot tubs, bathrooms, kitchen appliances, or electrical, heating, or air conditioning systems are not as shown in the pictures or are not functioning properly, or if the cleanliness, including bedding and towels, is unsatisfactory, or if there are issues with insects, odors, or deficiencies in services like electricity, gas, water, swimming pool, WiFi, or other amenities, Guests should report these issues to MagoStays in writing or via phone/WhatsApp within 12 hours of Check-In, providing evidence such as photographs. MagoStays will make every effort to resolve these issues, but will not be held responsible or liable if they are not resolved promptly. Guests understand that MagoStays will not issue refunds or compensation if the issues remain unresolved. MagoStays' decisions in such matters will be final. You acknowledge and agree that any issues must not have been directly or indirectly caused by your actions, omissions, or negligence. If, at the time of your Check-In, the Property is occupied by other visitors, MagoStays will make reasonable efforts to find and secure an alternative Property for you that is comparable in size, rooms, features, and quality to the one described in your original Booking.
Termination
You understand and agree that MagoStays reserves the right to terminate your registration and/or your right to use this website for any reason, including but not limited to, any violation of the Privacy Policy or these Terms and Conditions. Such termination may occur without prior notice, and MagoStays may immediately delete or deactivate your account upon detecting any such violation.
Dispute Resolution and Applicable Law
Any disputes or claims related to the Booking or arising from it will be referred to arbitration with a sole arbitrator, whose decision will be final and binding. The arbitrator will be mutually appointed by the Parties, and arbitration will take place in Hyderabad, governed by the Indian Arbitration and Conciliation Act, 1996, as amended. The proceedings will be conducted in English, and Hyderabad courts will have jurisdiction over any matters subject to arbitration.
Assignment
Bookings made by Guests are non-transferable.
Notices
Notices or communications from MagoStays to Guests will be in writing and sent either via email (to the address provided by the Guest) or posted on the Site or Application. Notices sent by email will be deemed received on the date the email is sent.
Indemnification
By making a Booking, you assure that it is for private/residential and personal use only, not for commercial purposes or any other purpose. You agree to indemnify and hold MagoStays harmless from any loss or damage arising from a breach of this assurance, including but not limited to loss of profits, indirect loss, consequential loss, property damage, and reputational harm. Guests also agree to indemnify MagoStays, its affiliates, employees, officers, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from misuse of services or violation of the Terms and Conditions.
Feedback
MagoStays welcomes your feedback, comments, and suggestions for improving the Site, Application, and Services ("Feedback"). Feedback can be submitted via email.
Waiver
MagoStays' failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
Grievance Redressal
MagoStays strives to provide high-quality services. If you have any grievances regarding any aspect or feature of the website, you may submit your concerns via email to this id admin@kohaconsultants.co.in. All grievances will be addressed promptly.
Submissions
Any messages, ideas, suggestions, or other materials you submit through or in connection with this website will become the exclusive property of MagoStays. By submitting these materials, you agree that MagoStays has the right to publish them for any purpose, commercial or otherwise, without compensation to you. Additionally, you agree not to submit any materials that infringe upon the rights of any third party, and you accept liability for any damage or injury caused by your submissions, releasing MagoStays from responsibility.
Miscellaneous
MagoStays reserves the right to assign its obligations and duties under these Terms and any related agreements to any person or entity. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be effective.
