Terms And Conditions


This web site and the related web sites contained herein (collectively, the “Site”) make
available information on hotels, resorts, and other transient stay facilities (each a
“Property”) owned, managed or franchised by the Bawali Estates Private Limited and/or
its subsidiaries and affiliates (collectively, “BEPL”), and other travel‐related or consumer
goods and services. The Site, and the services of each of its modules, is offered exclusively
by BEPL and/or its various third party providers and distributors.
The terms and conditions set out below (“Conditions”) apply to your use of the Site
including the use of the information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services,
functions, materials, or contents, you shall be deemed to have agreed to each and all the
Conditions and notices in this Site without modification. Further, you agreeto be bound
by these Conditions so please carefully read this section before proceeding.If you do not
accept these Conditions, you must refrain from using the Site. These Conditions must be
read in conjunction with any other applicable terms and conditions governing the use of
the Site.

1. Site

The Site makes available information relating to hotels and resorts owned or managed by
the Bawali Estates Private Limited, a company constituted under the laws of India, and its
subsidiaries, controlled entities, affiliates and related parties belonging to BEPL orbeing
operated or managed by BEPL.

2. Trademarks

The Site contains the name, trade and service marks, logos, devices of “The Rajbari
Bawali”, “Chhota Haazri” and other valuable trade and service marks owned by BEPL or
licensed to BEPL to distinguish its services and products (collectively referred to as “BEPL
Intellectual Property”). BEPL Intellectual Property is protected from copying and
simulation under national and international laws and may not be reproduced, copied or
otherwise used in any manner whatsoever, on any material whether tangible or
intangible, without the express prior written permission and consent of BEPL. Without
limitation, you must not use any of the said trade or service marks, either alone or in
conjunction or combination or variation with other trade and service marks, logos and
• In or as the whole or part of your own trade marks;
• In connection with activities, products or services which are not undertaken or
provided by BEPL;
• In a manner which may be confusing, misleading or deceptive; or
• In a manner that disparages BEPL or its information, products or services (including
the Site).
Nothing contained on the Site should be construed as granting, by implication, estoppels,
or otherwise, any license or right to use any of the trademarks without the written
permission of BEPL or such other party that may own the trademarks.

3. Copyright

The Site, including each of its modules, is the copyrighted property of BEPL and/or its
various third party providers and distributors. The information, text, graphics, images,
photographs, videos, sounds, links and all other information and software published or
otherwise contained in the Site (“Information”) are either owned exclusively by BEPL or
licensed by BEPL and except as specifically provided in these Conditions may not be
copied, distributed, displayed, reproduced or transmitted, in any form or by any means
whether electronic, mechanical, photocopying, recording, or otherwise, without the prior
written approval of BEPL.
Without limitation you may not, without such approval from BEPL, create derivative
works from any part of the Site or commercialize any Information, products or services
obtained from any part of the Site. Information procured from a third party may be the
subject of copyright owned by that third party. Unauthorized use of the Site and/or the
materials contained on the Site may violate applicable copyright, trademark or other
intellectual property laws or other laws. You must retain all copyright and trademark
notices, including any other proprietary notices, contained in the materials. The use of
such materials on any other web site or in any environment of networked computers is
strictly prohibited.

4. Your use

The Site is for your personal non‐commercial use and the Information may be
downloaded or printed by you solely for that purpose. You may only use the Site if you
are at least 18 (eighteen) years of age and can enter into binding contracts (the Site is not
available for use by minors). You are responsible for maintaining the secrecy of your
passwords, login and account information. You will be financially accountable for all uses
of the Site by you and anyone using your password and login information. The rightto use
the Information is a license only, not a transfer of title, and is subject to the following
• The information may not be used for any commercial purpose or public display,
performance, sale or rental;
• No copyright or other proprietary notices may be removed:
• The information may not be transferred to another person;
• Software may not be interfered with in any manner;
• Every person downloading, reproducing or otherwise using the Information must
prevent any unauthorized copying of the Information;
• You will only use the information for lawful purposes and in accordance with these
In addition, you agree that you will not use robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein,
without the prior written consent of BEPL (such content is deemed given for standard
search engine technology employed by internet search web sites to direct internet users
to the Site).

5. Information

BEPL strives to ensure that the information is accurate and reliable. You accept that all
Information provided on the Site or any other material accessed through the Site
including via any Linked Wed Site is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and to the extent
permitted by law, is provided without any warranty, representation or condition of any
kind whether express, implied, statutory or otherwise. You assume allresponsibility
and risk for your use of or reliance upon Information and the Site or any other material
accessed through the Site including via any Linked Web Site.
Whilst BEPL seeks to ensure that the Information is reliable and accurate, errors and
omissions may occur and therefore, to the extent permitted by law, BEPL does not make
or give any representation or warranty (express or implied) of any kind as to any matter
relating to the Site and any Linked Web Site, including without limitation, as to
merchantability, non infringement of intellectual property rights or fitness for purpose.
In particular BEPL does not warrant that:
• The Information or any other material accessed through the Site including via any
Linked Web Site is reliable, accurate or complete including, without limitation,
information relating to prices and availability; or
• Your access to Information or any other material accessed through the Site including
via any Linked Web Site will be uninterrupted, timely or secure.
BEPL is not liable for any loss (direct or indirect) resulting from any action taken or reliance
made by you on the Information or any other material accessed through theSite
including via any Linked Web Site. You should make your own inquiries and seek
independent professional advice before acting or relying on any such information or
BEPL may from time to time update, modify or add to the Information, including these
Conditions and absolutely reservesthe right to make such changes without any obligation
to notify past, current or prospective users of the Site. Unless otherwise specified to the
contrary all new Information shall be subject to these Conditions.
BEPL does not guarantee that the Site will operate continuously or without interruption
or be error free. BEPL may suspend or discontinue any aspect of the Site at any time
without being liable for any direct or indirect loss as a result of such action.
6. Liability Disclaimer & Exclusion
In no event shall BEPL be responsible for any direct, indirect, special, incidental or
consequential loss or damage, however arising and whether in contract, tort or
otherwise, which you may suffer in connection with or arising out of:
• Your use of the Site or any Linked Web Site; or
• Your use of or reliance on Information or any other material accessed through the
Site including via any Linked Web Site including without limitation, loss or damage by
way of loss of profits, loss of business opportunity, business interruption or loss of
These Conditions do not purport to exclude liability arising by any applicable law if, and
to the extent,such liability cannot be lawfully excluded, however, to the extent permitted
by law, all warranties, terms or conditions which would otherwise be implied into these
Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits
exclusion or modification of any such warranty, term or condition, then the liability of
BEPL shall include liability for any breach of such warranty, term or condition but, to the
extent permitted by law, the remedy for such breach will be limited as follows:
• If the breach related to services the remedy will be limited to the supply of the services
again or payment of the cost of having the services supplied again; and
• If the breach related to products and the products can be repaired the remedy will be
limited to repair of such products or payment of the costs of having the products
repaired, but otherwise, replacement of the products or the supply of equivalent
products or payment of the cost of replacing the products or of acquiring equivalent
The limitation of liability applies whether the alleged liability is based on contract, tort,
negligence,strict liability or any other basis even if we have been advised of the possibility
of such damage.
If you are dissatisfied with the use of the Site, or any of the products, services, members,
suppliers and/ or buyer offered in connection therewith or associated
therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use
of the Site.

7. Specific Warnings

You must ensure that your access to and your use of the Site is not illegal or prohibited
by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the
Site does not expose you to the risk of virus, corrupted data, worms, other instructions or
design that would erase data or programming or cause the Site or any equipment or
system to become inoperable or incapable of being used in the fullmanner for which it
was designed, or be subjected to malicious computer code, computer program routine or
process or other forms of interference which may damage your computer system.
Without limitation, you are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use the Site and is compatible with the Site.
For the removal of doubt, BEPL does not accept responsibility for any interference or
damage to your computer system which arises in connection with your use of the Site or
any Linked Web Site.
BEPL does not guarantee or warrant that any material available for downloading from the
Site or any Linked Web Site will be free from any virus, infection or other condition which
has contaminating or destructive properties. You are responsible for taking sufficient
precautions and checks to satisfy your own particular requirements for accuracy of data
input and output.
You must ensure that any information which you provide to BEPL is accurate and
complete and does not contain any virus, malicious computer code, computer program
routine or process or other form of interference which may damage the computer system
of BEPL or the Information or which may detrimentally interfere with or surreptitiously
intercept or expropriate any BEPL system, data or information.

8. Linked Websites

The Site may contain links to other web sites (“Linked Web Sites”). Those links are
provided for convenience only. BEPL provides such links solely as a convenience to you
and for information purposes only. BEPL has not reviewed all of the information on
these other websites.
You acknowledge and agree that BEPL does not have any control over the content or
availability of Linked Web Sites and accepts no responsibility for the content, privacy
practices or any other aspect of Linked Web Sites.
Links with Linked Web Sites should not be construed as an endorsement, approval or
recommendation by BEPL of the owners or operators of those Linked Web Sites, or of any
information, graphics, materials, products or services referred to or contained on those
Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary.
If you decide to access the Linked Web Sites, you do so at your own risk.

9. Hotel reservations

The reservations feature of the Site is provided solely to assist customers in determining
the availability of travel related services and products and to make legitimate reservations
and for no other purpose.
You warrant that you are at least 18 years of age, possess the legal authority to enter into
the legal agreement constituted by your acceptance of these Conditions and to use the
Site in accordance with such Conditions. You agree to supervise all usage by minors of this
Site under your name or account. You also warrant that all information supplied by you
or members of your household in using this Site is true and accurate and without
limitation, or any false or fraudulent reservations.
You agree to be financially responsible for your use of the Site including without limitation
for all reservations made by you or on your account for you, whether authorized by you
or not. For any reservations or other services for which fees may be charged you agree to
abide by the terms or conditions of supply including without limitation payment of all
moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special
offers) for hotels and resorts owned or managed by BEPL.
Hotel reservation terms and conditions of booking are set out on the Site and payment
will be in accordance with the procedure set out in such terms and conditions.
You agree that you will make only legitimate reservations in good faith for use by you and
your invited guests only, and not for other purposes, including without limitation,
reselling, impermissibly assigning or posting on third party web sites or making
speculative, false or fraudulent reservations, or any reservation in anticipation of
No contract will subsist between you and BEPL or any of its affiliates in respect of any
services or products offered through the Site unless and until BEPL accepts your order by
e‐mail or automated confirmation through the Site confirming that it has accepted your
reservation, booking or order and any such contract shall be deemed to incorporate the
hotel reservation terms and conditions of booking. Any other relevant terms and
conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products
which may be offered by BEPL on the Site (including hotel room reservations) will be
correct and, where applicable, the credit card which you use is your own and that there
are sufficient funds to cover the cost of any services or products which you wish to
purchase. BEPL reserves the right to obtain validation of your credit card details before
providing you with any services or products.

10. Termination of Access

If you breach any of these Conditions your license to use the Site will terminate
immediately without the necessity of any notice being given to you.
Otherwise access to the Site may be terminated at any time by BEPL without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of BEPL
will nevertheless survive any such termination.

11. Indemnification

You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers,
directors, agents and employees harmless from any claim or demand, made by any third
party due to or arising out of your breach of this agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a third party. BEPL’s
failure to act with respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.

12. Communication

With respect to all communications made to BEPL on or through the Site including,
without limitation, feedback, questions, comments and suggestions (the
“Communications”): (a) no right of confidentiality shall apply to the Communications and
BEPL shall have no obligation to protect the Communications from disclosure; (b) BEPL
shall be free to reproduce, use, disclose and distribute the Communications to others;
and (c) BEPL shall be free to use any ideas, concepts, know‐how or techniques contained
in the Communications for any purpose whatsoever, including, without limitation, the
development, production and marketing of products and services that incorporate such

13. General

BEPL does not accept any liability for any failure by BEPL to comply with these Conditions
where such failure is due to circumstances beyond its reasonable control.
If BEPL waives any rights available to it under these Conditions on one occasion, this
does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are invalid, unenforceable or illegal for any reason, the
remaining Conditions shall nevertheless continue in full force.
You are completely responsible for all charges, fees, duties, taxes and assessmentsarising
out of the use of the Site.

14. Privacy

BEPL respects the privacy of the users of this Site. Your use of the Site is subject to BEPL
Privacy Policy. If you would like to view the privacy practices, please review our Privacy
Policy available on the Site. By using our site, you consent to your personal information
being processed as set out in our Privacy Policy.

15. Governing Law

Substantive laws of the Republic of India

16. Arbitration

In the event of any dispute arising out of or in connection with the subject matter of this
agreement, parties / guests agree to refer such dispute to arbitration to be conducted
under the rules of the Arbitration and Conciliation Act, 1996 with all modifications thereof
made from time to time. Arbitration shall be conducted before a Sole Arbitrator to be
mutually appointed by the parties. In case the parties cannot mutually decide upon a sole
arbitrator within 30 (thirty) days from notice/initiation of efforts in this regard, then and
in such event the parties/ guests shall nominate one arbitrator and BEPL shall nominate
another arbitrator and the two arbitrators shall appoint the presiding arbitrator and the
said 3 (three) arbitrators shall constitute the arbitral tribunal. The arbitrator/arbitrators
so appointed shall be entitled to give interim awards/directions and shall further be
entitled to avoid all rules relating to procedure and evidence as are expressly avoidable
under the law. Seat of such arbitration shall be in jurisdiction of the High Court at Kolkata
and proceedings shall be conducted in English. Thedecision of the arbitrator shall be final
and binding.

17. Jurisdiction

Exclusive jurisdiction of the Courts in Kolkata

18. Return to Site

To return to the Site, click where indicated. By doing so, you acknowledge that you read,
understood and accepted these Conditions.