- You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, or by participating in the referral program, you have given consent that you have read, understood and agreed to be bound by these terms, whether or not you have registered with the site and application. In case of disagreement to these terms, then you have no access right or use the site, application, services, or collective content or to participate in the referral program or part thereof whichever applicable.
Functioning of the Site, Application And Services
- The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (Accommodations) and booking of transports (Cabs). Such Accommodations/transports are included in listings on the Site, application and services by Hosts. Apropos, ‘LookActEast’ makes available a platform or marketplace with related technology that communicates online and arrange for bookings of accommodations/transports as per policy in vogue. ‘LookActEast’ is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations and ‘LookActEast’ does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations or transportation or travel services and LookActEast’s role is solely to facilitate the availability of the Site, application and services. Similarly, ‘LookActEast’ is not a contracting agent or representative of any Host. Instead, LookActEast’s role is solely to facilitate the services mentioned above or part of thereto within the framework of existing law of the land.
- IT MAY BE NOTED THAT THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF ACCOMODATIONS/TRANSPORTS. ‘LOOKACTEAST’ CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS/TRANSPORTS. ‘LOOKACTEAST’ IS NOT RESPONSIBLE FOR ANY DISCLAIMS AND ALL LIABILITY RELATED TO LISTINGS AND ACCOMMODATIONS/TRANSPORTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
- PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
- ‘LookActEast’ makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and ‘LookActEast’ is not responsible for any SNS Content.
- In order to be featured in listings via the site, application and services, all accommodations must have valid physical addresses. Listings will be made publicly available via the site, application and services (process on). Clients will be able to book accommodation via the site, application and services based upon the information provided by Hosts’ listing. It is agreed that once a Guest requests a booking of your accommodation, the price for such booking may not be altered.
- You acknowledge and agree that you are solely responsible for any and all listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or guest stay at, an accommodation in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any accommodation included in a listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that ‘LookActEast’ assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. You understand and agree that ‘LookActEast’ does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your accommodation and stays at your accommodation, any agreement you enter into with such Guest is between you and the Guest and ‘LookActEast’ is not a party thereto. Please note that ‘LookActEast’ reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that ‘LookActEast’, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. Any client wishing to book accommodations included in listings with such requirements must meet these requirements.
- ‘LookActEast’ recommends that Hosts obtain appropriate insurance for their accommodations. Please review any insurance policy that you may have for your accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the accommodation, if applicable) while at your accommodation.
Booking And Financial Terms
- Booking requested for Accommodation/Transport via the Site, Application and Services, will be required by you to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by ‘LookActEast’ in its sole discretion) or the booking request will be automatically confirmed. A booking when requested via the Site, Application and Services is considered only when full upfront/pre-payment is being done through the authorised payment gateway (PayUMoney) for which an SMS confirmation followed by digital invoice will be sent to the registered email ID. The same needs to be confirmed on receipt.
- The tariffs being requisitioned to the client and relevant taxes where applicable may be charged in addition to the accommodation fees and transport Fees (if applicable). The accommodation fees and transport Fees (if applicable) with applicable taxes are collectively referred to in these terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not ‘LookActEast’ which determines the accommodation fees. ‘LookActEast’ will collect the total fees at the time of booking confirmation and will remit the accommodation fees (less LookActEast’s Service Fees) to the Host within 48 hours of when the Guest arrives at the applicable accommodation. Please note that ‘LookActEast’ does not currently charge fees for the creation of listings. However, you acknowledge and agree that ‘LookActEast’ reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of listings. Please note that ‘LookActEast’ will provide notice of any listing fee collection via the site, application and services, prior to implementing such a listing fee feature.
- The Hosts, not ‘LookActEast’, are solely responsible for honouring any confirmed bookings and making available any accommodations reserved through the Site, application and services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not ‘LookActEast’, will be responsible for performing the obligations of any such agreements, and ‘LookActEast’ is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
- Listings for accommodations will specify the total fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by ‘LookActEast’ in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by ‘LookActEast’ will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit or debit card will be released, if applicable.
- You agree to pay ‘LookActEast’ for the Total Fees for any booking requested in connection with your ‘LookActEast’ account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that ‘LookActEast’ reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit or debit card for the Total Fees or (ii) charge your credit or debit card a nominal amount, not to exceed fifty rupees (INR 50), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit or debit card. Once ‘LookActEast’ receives confirmation of your booking from the applicable Host, ‘LookActEast’ will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that ‘LookActEast’ cannot control any fees that may be charged to a Guest by his or her bank and the official payment processor/gateway related to LookActEast’s collection of the Total Fees, and ‘LookActEast’ disclaims all liability in this regard.
- In consideration for providing the Services, ‘LookActEast’ collects service fees from Guests (“Service Fees”). Where applicable, taxes may also be charged in addition to the Host Fees. Service fees are deducted from the accommodation fees before remitting the accommodation fees to the Host, within 48 hours of when the Guest arrives at the applicable accommodation. Balances will be remitted to Hosts via cheque, ‘PayUMoney’, direct deposit or other payment methods described on the site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the site, application and services. Please note that for any payments by ‘LookActEast’ in currencies other than INR, ‘LookActEast’ may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service fees are non-refundable.
- Reservation charges are pre-paid in full (upfront payment) and your credit card/debit card will be charged the full amount of the reservation at the time of booking. These are reservations policy that must be prepaid because they are discounted rooms/budget-priced rooms. Individual hotels/guest houses/service apartments may collect payment for incidentals such as meals, movies, parking, and phone calls. Tariff and room availability can only be guaranteed after the payment has been received by ‘LookActEast’ and a confirmation to that effect has been furnished by us to your registered email ID provided by you at the time of booking.
- The booking status will be intimated to you in a maximum of 3 (three) Business Hrs. Our Business hours are Monday to Sunday: 9 am – 7 pm and Wednesday: 10 am – 2 pm. This is the best deal as our business partners/affiliates have their working hours and the need to respect them to serve the guests better. ‘LookActEast’ cannot be held responsible for non-communication beyond the business hours. The booking is considered confirmed only when an official email stating as such is sent to the email address provided to ‘LookActEast’ for communication. The responsibility for the authenticity of the email address and the general availability of the mail box to receive the stated mail is solely of the guest/client.
- In case of non-availability of the requested accommodation for the specified dates, ‘LookActEast’ will find other accommodation in the same city that is available for your dates. If you so choose you might go for the alternative and a new bill will be generated for which you are liable to pay. But if you want to opt out because of non-availability of the specific accommodation you requested, then the whole amount will be refunded as per our refund policy in vogue.
Cancellation of confirmed bookings
- ‘LookActEast’ applies a cancellation penalty of 15% (Service Fees) of the total booking amount on ALL cancellations. Cancellations prior to 48 hours before check-in usually do not attract any other penalties, but the penalties will be levied based on the hotel’s/service apartment’s policy which can be more stringent and same may be understood from the host. Cancellations between 48 hours and 24 hours prior to check-in usually attracts a penalty of one night’s fee in addition to the 15% penalty. Again, this may vary based on the hosts’ policy. Cancellations within 24 hours of check-in will result in a penalty of the whole stay cost that has been paid. In case of ‘NO SHOWS’, no refunds of the amount paid will be made.
- All refunds will be initiated from us within 3 working days. The ‘refund amount’ will be sent from our official account within three working days and we cannot guarantee the time of receipt at your end as it is upto your bank and the payment processors to process the refund.
Payment and Service Tax
- ‘LookActEast’ accepts American Express, Visa & MasterCard for all transactions through our official payment gateway/processor (PayUMoney). All payments must be in INR/US Dollars. Current billing address and phone information must be provided with every order. Service Tax as applicable from time to time as per government’s policy will be charged on certain services as required by law. Due to the terms and conditions of our various affiliate contracts, multiple charges may appear on your credit /debit card statement, however the total amount quoted online when you agree to your purchase will be the total amount charged to the credit /debit card. Cancellation, change fees, and service fees will be additional.
- Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
- These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- You agree to defend, indemnify, and hold harmless ‘LookActEast’, employees, attorneys, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the website.
- The headings used in these Terms and Conditions of Use are included by convenience only and will not limit or otherwise effect these Terms and Conditions of Use.
- ‘LookActEast’ shall have the right to terminate immediately your use of the website if we determine in our sole discretion that you have breached these terms and conditions or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.
Controlling Law and Jurisdiction
- All matters relating to your access to and use of the site shall be governed by the laws of Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in India in all disputes arising out of or relating to the use of ‘LookActEast’ site/services. Use of the ‘LookActEast’ sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph. Herein, the guests and ‘LookActEast’ agree to submit to the personal jurisdiction of a court located in the NCT of Delhi, India, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.