OnStay – Terms of Use

1. Our Role

1.1 OnStay is an online marketplace that lists budget accommodation (“Properties”) operated by independent hotel owners and operators (“Partners”). The stay itself is provided by the Partner.

1.2 OnStay is not the owner or operator of Properties and is not an agent of any Partner, except that we collect payments and handle refunds, cancellations and support as described below.

1.3 We act as your first point of contact for payment disputes, refunds, cancellations and re-accommodation for bookings made through the Platform, and will mediate between you and the Partner in good faith.

2. Eligibility and Accounts

2.1 You must be at least 18 years old and legally capable of entering a contract. Minors may stay only when accompanied by a parent or legal guardian who makes the booking.

2.2 You must provide accurate, complete and current information, and keep it updated. Booking in a false name or impersonating another person is prohibited.

2.3 You are responsible for your account credentials and all activity under your account. Notify us immediately at support@hindustaan.in of any unauthorised use. If you change your mobile number, update it in your account.

2.4 You may use limited features without an account, but booking requires registration or OTP verification.

3. Our Service Commitments

3.1 50-Point Audit: Listed Properties undergo an in-person quality check covering matters such as cleanliness, working AC, sanitised private bathrooms and Wi-Fi. Audits are periodic and reflect conditions at inspection; we do not guarantee that conditions are identical on every day of your stay.

3.2 All-Inclusive Pricing: The price shown in search results and at checkout includes applicable taxes and our service charges. Any additional charge (for example, an extra-person charge or an optional service you request) will be clearly disclosed before you pay. A Property may not demand extra charges at check-out for items included in the displayed price.

3.3 Inventory Lock and Re-accommodation: We synchronise availability with Partners' property management systems to reduce double bookings. If a Property denies check-in for a confirmed booking for reasons not attributable to you, we will arrange an alternative stay of comparable standard, or, if we cannot, refund the full amount paid (see Section 6).

3.4 Verified Reviews: Review links unlock only after check-out is verified. Reviews are the opinions of Users, must be honest and lawful, and may be removed if they breach Section 8.

3.5 Human Support: You can reach our dedicated human support team by phone or WhatsApp at 0771-299-4005 or email at support@hindustaan.in.

4. Booking and Payment

4.1 Booking Confirmation: Please check the Property description, photos, room type, occupancy limits, house rules, price and cancellation policy before booking. A booking is confirmed only when you receive a confirmation message/voucher from us. The voucher entitles you to the stay subject to these Terms and the Property's rules.

4.2 Payment Methods: We accept UPI, credit/debit cards, netbanking and digital wallets. We do not charge a convenience fee for these methods. Pay-at-hotel is available only on selected Properties and bookings, and we may require prepayment or a deposit for any booking.

4.3 Third-Party Payment Gateways: Payments are processed by certified third-party gateways. We take care in selecting them but do not control their systems and are not liable for failures on their side. If money is debited without a confirmed booking, it will be refunded to the original payment source (see Section 6).

4.4 Authorised Payment Instrument: You must use a payment method you are authorised to use. We may cancel bookings and withhold services where we reasonably suspect fraud, and may verify your identity or payment details.

4.5 Pricing Errors: We try to keep information accurate. If an obvious pricing or listing error occurs, we may cancel the booking and give a full refund, or offer you the choice to rebook at the correct price.

4.6 Pay-At-Hotel with Official QR: Where payment is made at the Property, you should pay only through the OnStay-provided payment method and obtain a receipt/invoice. Do not pay through personal QR codes or accounts; report any such request immediately to our helpline.

5. Check-in, Stay and Check-out

5.1 Valid Original ID: Every adult guest must present a valid original government photo ID at check-in (such as Aadhaar, driving licence, passport or voter ID). Foreign nationals must present passport and visa as required by law. A Property may deny check-in without valid ID; in that case the booking is treated as a guest no-show.

5.2 Couples and Local Guests: Where a Property is marked “couple-friendly”, unmarried adult couples with valid original IDs are accepted, subject to applicable law. Local IDs are accepted as described on the listing.

5.3 Standard Timings: Unless the booking states otherwise, check-in is from 12:00 noon and check-out is by 11:00 AM. Early check-in and late check-out are subject to availability and may carry charges, which will be disclosed to you before you accept them.

5.4 Occupancy and Conduct: You must not exceed the maximum occupancy, bring unregistered guests, damage property, create a nuisance, carry prohibited or illegal items, or use the room for unlawful activities. A Property may refuse or end a stay for serious breach, without refund.

5.5 Property Damage: You are responsible for loss or damage to the Property caused by you or your guests, beyond normal wear and tear. Charges must be reasonable, itemised and communicated to you; you may raise a dispute with us.

5.6 Valuables: Please keep your belongings safe. Subject to applicable law, neither OnStay nor Partners are responsible for loss of personal valuables left in rooms, unless caused by negligence or wilful default.

6. Cancellations, Refunds and Re-accommodation

6.1 Cancellation Policy: Each listing shows its specific cancellation policy before payment. Cancellation charges, if any, are determined by that policy and by when you cancel (see Schedule A).

6.2 When We or Partner Cancel or Deny Check-in: If the Property cancels, or denies check-in for a confirmed booking for reasons not attributable to you, we will (a) offer comparable alternative accommodation where possible, or (b) refund 100% of the amount paid.

6.3 Refund Method & Tracking: Refunds are returned to the original payment source. You can track the status in the live refund tracker on the Platform. Refunds are initiated within 2 business days of approval; your bank or wallet typically credits it within 5–7 business days.

6.4 Claim Window: Please raise refund or service-quality claims within 7 days of your check-out date (or scheduled check-in date for no-shows or denied check-ins), with relevant details or photos.

6.5 Service Issues During Stay: If the room materially differs from the listing (for example non-working AC or unsanitary bathroom), please contact support immediately during your stay so we can fix it, move you to another room, or offer a partial or full refund.

6.6 Non-refundable Items: Payment gateway or bank charges outside our control, and amounts for services already utilized, are not refundable, except where the law requires otherwise.

7. Platform Use Rules

You agree not to:

• Provide false, misleading or incomplete information, or use stolen cards or accounts;
• Scrape, crawl, copy or extract data from the Platform using bots or automated tools, or reverse engineer our software;
• Bypass security features, or interfere with or overload the Platform;
• Post unlawful, defamatory, abusive, discriminatory or infringing content;
• Make or accept bookings or payments outside the Platform to avoid fees or to circumvent these Terms;
• Resell or transfer your account or bookings, or use the Platform for competing or commercial purposes without our written permission;
• Upload malware, viruses, or send unsolicited spam communications; or
• Use any information obtained through the Platform to harass, intimidate or harm anyone.

We may suspend or terminate accounts and cancel bookings for breach, suspected fraud or legal requirement, with notice where reasonably possible. You may close your account at any time by contacting support.

8. Reviews and User Content

8.1 Verified Reviews: Only Users with a verified completed check-out may post reviews. Reviews must be truthful, constructive, and based on your own genuine stay experience.

8.2 License to Content: By posting content (reviews, photos, feedback), you grant OnStay a non-exclusive, worldwide, royalty-free licence to use, display, reproduce and adapt it to operate and promote the Platform. You confirm you own or have rights to the content.

8.3 Editorial Integrity: We may remove content that breaches these Terms (defamatory or abusive content), but we do not otherwise edit or alter genuine reviews based on whether they are favourable or critical.

9. Communications

By using the Platform you consent to receive booking, payment, service and support messages via SMS, email, WhatsApp, phone calls, and in-app notifications. Promotional messages are sent only as permitted by law, and you can opt out at any time. Calls with support may be recorded for quality assurance and dispute resolution.

10. Privacy and Data

Your personal data (including ID details) is handled under our Privacy Policy and applicable Indian law, including the Digital Personal Data Protection Act, 2023 (DPDP Act) and the Information Technology Act, 2000. We share ID and booking details with the relevant Partner as needed for check-in and as required by law (for example, police or government guest-registration Form C rules). We use cookies and analytics tools to operate and improve the Platform; you can control cookies in your browser.

11. Intellectual Property

The Platform, its design, code, logos, brand assets, text, images, and other content are owned by or licensed to Hindustaan Innovations Private Limited. You may use them only for personal, non-commercial use of the Platform. You may not copy, modify, distribute, frame, mirror or exploit them without our prior written consent. “OnStay” and related marks are our property.

12. Third-Party Links and Services

The Platform may contain links to or integrations with third-party sites and services (for example payment gateways, maps, and Cloudinary CDN storage). We do not control and are not responsible for their content, policies or practices. Use them at your own risk and read their respective terms.

13. Disclaimers

13.1 We work to provide accurate listings and a reliable Platform, but the Platform is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, and may suspend access for maintenance, security or reasons beyond our control.

13.2 To the extent permitted by law, we do not warrant the conduct of Partners or other Users. Nothing in these Terms limits any right you have under the Consumer Protection Act, 2019 or other statutory law that cannot be excluded.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, OnStay is not liable for indirect, incidental, special or consequential losses, including loss of profit, data or opportunity.

14.2 Subject to Section 14.3, our total liability to you for any claim arising from a booking is strictly limited to the amount you paid for that booking.

14.3 Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by our negligence, or any liability that cannot be limited under applicable law.

14.4 Force Majeure: Neither party is liable for failure to perform caused by events beyond reasonable control, such as natural disasters, epidemics, government orders, strikes, war, or internet outages. Refund rights for affected bookings will follow the applicable cancellation policy or our reasonable determination.

15. Indemnity

You agree to indemnify and hold OnStay, its directors, employees and affiliates harmless from losses, claims and reasonable legal costs arising from your breach of these Terms, your violation of law, or your misuse of the Platform, to the extent caused by you.

16. Terms for Hotel Owners and Partners

These Terms apply to Partners together with their separate Partner Agreement. If there is a conflict, the signed Partner Agreement prevails for Partner matters.

16.1 Onboarding and Audit: Properties must pass our 50-point audit and maintain those standards. We may conduct periodic announced or unannounced quality visits, and you must give reasonable access for audits, with advance notice where practicable.

16.2 Commission: OnStay charges a fixed flat commission on confirmed and completed bookings, as stated in your Partner Agreement. There are no hidden marketing surcharges. Any change in commission requires prior written notice of at least 30 days.

16.3 Rates and Control: Partners set their own base room rates. OnStay does not apply forced algorithmic discounting. Promotional campaigns are optional unless you have agreed otherwise in writing.

16.4 Inventory Accuracy: You must keep availability, rates, photos and amenities accurate and up to date, honour every confirmed booking, and not oversell. The Platform's PMS sync and inventory management are tools to help you; you remain responsible for published accuracy.

16.5 Denied Check-in: If you deny check-in for a confirmed booking without a valid reason (such as the guest lacking valid ID or violating house rules), we may arrange alternate accommodation or refund the guest and recover the reasonable cost from your payouts, after giving you an opportunity to respond. Repeated denials may lead to listing suspension.

16.6 Guest ID and Records: You must capture guest ID at check-in as required by law and through the Platform tools, and handle guest data only for hospitality and legal compliance purposes, in line with our Privacy Policy and applicable law.

16.7 Billing Transparency: You must not charge guests amounts beyond the confirmed price and disclosed optional extras, must issue a proper invoice or receipt on request, and must not collect payments through unauthorised channels or personal QR codes for Platform bookings.

16.8 Payouts: Settlements are made directly to your registered bank account on a bi-weekly cycle, net of commission, taxes and any agreed adjustments. Faster (T+1) payouts may be offered on a pilot basis. We may hold or adjust a payout where a refund, guest claim or chargeback is pending.

16.9 Penalties and Adjustments: Any deduction or penalty must be specified in your Partner Agreement or Platform policy, communicated in advance, and shown in your itemised statement. You may dispute any deduction within 15 days.

16.10 Staff Use of Rooms: Guest rooms must not be used by staff or for undisclosed occupancy unless agreed in writing and recorded on the Platform.

16.11 Off-Platform Bookings: You must not redirect guests booked through OnStay to pay or rebook off-platform to avoid commission.

16.12 Non-Solicitation: During the term and for 12 months after, you must not use Platform data or guest contact information to solicit guests away from OnStay for the purpose of avoiding commission.

16.13 Term and Termination: Either party may terminate on 30 days' written notice. We may suspend or terminate immediately for fraud, serious safety or legal violations, or repeated material breaches. Confirmed bookings will be honoured or reaccommodated.

16.14 Independent Relationship: Partners are independent businesses, not employees, agents or partners of OnStay. Partners are responsible for their own licences, fire/safety compliance, taxes (including GST) and insurance.

17. Grievance Redressal

If you have a complaint or dispute, contact our designated Grievance Officer:

We will acknowledge your complaint within 48 hours and aim to resolve it within 30 days, or sooner where required by law.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Subject to any mandatory consumer rights to approach other fora, the courts at Raipur, Chhattisgarh have exclusive jurisdiction over disputes. We encourage you to contact us first so we can try to resolve matters amicably. Consumers may also approach the relevant Consumer Disputes Redressal Commission or the National Consumer Helpline.

19. General Provisions

Entire Agreement: These Terms, the Privacy Policy, listing information, cancellation policies and (for Partners) the Partner Agreement form the whole agreement between the parties.

Severability: If any provision is found unenforceable by a court of competent jurisdiction, the rest remains in full force and effect.

No Waiver: Our delay in enforcing a right is not a waiver of it.

Assignment: You may not assign your rights without our written consent. We may assign these Terms to a group company or successor with notice.

Survival: Provisions that by nature should survive termination (payments, liability, indemnity, IP, governing law) will survive.

20. Contact Information

Schedule A – Detailed Cancellation and Refund Policy

A1. Policy Types: Each listing displays one of the following policies before booking. If none is shown, the Moderate policy applies by default:

A2. Measurement: Time is measured from the standard or booked check-in time in Indian Standard Time (IST). Cancel through the Platform, WhatsApp or helpline; the time of your request is the official time of cancellation.

A3. Mandatory 100% Refund Cases: You are refunded regardless of the policy tier if:

• Check-in is denied by the Property for reasons not attributable to you;
• Property cancels or is unable to provide the booked room category;
• Material mismatch with the listing (e.g. non-working AC, unsanitary bathroom, no promised Wi-Fi) that is not fixed or substituted within a reasonable time after you report it;
• Duplicate payment or payment debited without a confirmed booking;
• Government order, natural disaster or similar event making the stay impractical or illegal.

A4. Refund Processing Stages:

A5. Modifications: Date or room changes are treated as a new booking plus cancellation unless confirmed otherwise. Any price difference is shown before confirmation.

A6. Early Departure: Leaving before the booked check-out date does not entitle you to a refund for unused nights unless the Property agrees or A3 applies.

A7. Pay-at-Hotel: No online refund arises where nothing was paid online. If you paid a deposit, A1–A4 apply to that deposit.

A8. Appeals: If you disagree with a refund decision, reply to the decision message or contact the Grievance Officer. A senior team member will review it within 5 business days.

Schedule B – Guest ID, House Rules and Conduct

B1. Accepted ID: Aadhaar, driving licence, passport, voter ID or other government photo ID accepted by the Property. Photocopies or screenshots may be refused. Where Aadhaar is used, you may mask all but the last four digits on any copy we retain, wherever the law allows.

B2. Who Must Show ID: Every adult staying must present ID. Children need no ID but must be declared at booking. Foreign guests must follow Form C registration rules, which the Property completes with your passport and visa.

B3. Couples: Couple-friendly Properties accept adult couples with valid original IDs. Any refusal on this ground at such a Property is treated as denied check-in under Schedule A3.

B4. Local Residents: A Property may restrict bookings by guests from the same city only if the listing says so explicitly before booking.

B5. Quiet Hours & Visitors: Properties may set quiet hours, and may require visitors to register at reception and leave by a stated time. Unregistered overnight guests are strictly prohibited.

B6. Prohibited Activities: Illegal substances, weapons, hazardous materials, unlicensed gambling, commercial filming without permission, and any activity breaking Indian law. Smoking or alcohol are allowed only where the listing says so.

B7. Safety: Follow fire and safety instructions. Do not tamper with CCTV in common areas, locks, smoke detectors or electrical fittings. Report any hazard or harassment immediately.

B8. Pets: Allowed only where the listing explicitly says so.

B9. Removal from Property: A Property may end a stay without refund for serious breach such as violence, harassment, illegal activity or deliberate damage.

B10. Privacy & Strict Anti-Spycam Rule: Partners must never install cameras in guest rooms or bathrooms. Report any suspected hidden camera immediately; we treat it as an emergency criminal safety violation, will de-list the Property, and assist with immediate police reporting.

Schedule C – Partner Commission, Payout and Adjustment Mechanics

C1. Commission Base: The flat commission percentage stated in your Partner Agreement applies to the room tariff of completed stays (net of taxes). Cancelled and fully refunded bookings carry zero commission.

C2. Commission Change: Any change needs at least 30 days' written notice and applies only to bookings made after the effective date.

C3. Payout Cycle: Stays completed in the cycle are settled on a bi-weekly schedule, usually within 3 business days after the cycle closes. Each payout comes with an itemised statement. T+1 faster payouts are available for eligible high-performing partners.

C4. Holds and Deductions: We may hold or deduct only: (a) refunds paid to a guest for Partner-attributable issues; (b) chargebacks with proof; (c) re-accommodation costs after denied check-in; (d) supplies/services ordered; (e) agreed contractual penalties.

C5. Dispute Window: Partners may raise any statement dispute within 15 days. We will respond within 7 business days.

C6. Taxes: Partners are responsible for their own GST registration, collection and filing. We deduct TDS/TCS as required by Indian income tax law and furnish certificates.

C7. Quality Audits: Announced audits need 24 hours' notice; unannounced guest-experience audits check public areas and sample rooms during normal hours.

Schedule D – Escalation and Dispute Process

Schedule E – Key Definitions

• Booking: A confirmed reservation made through the Platform and acknowledged by a voucher.
• Confirmed Booking: A booking for which payment (or the required deposit) is received and the voucher is issued.
• Denied Check-in: Refusal or inability of a Property to provide the booked stay, other than for guest-attributable reasons in Section 5.1 or 5.4.
• No-show: Failure to check in by the next day's check-out time without prior cancellation.
• Original Payment Source: The card, bank account, UPI ID or digital wallet used to pay.
• Business Day: Any day other than Sunday and official public holidays in the State of Chhattisgarh, India.