Terms and Conditions

By booking a stay with us, using the website or availing any services of Fagunia and Fagunia.com you confirm that you have duly read, understood and accepted the terms and conditions contained herein and the same shall be fully binding on you. If you do not accept these Terms and Conditions, you must refrain from booking a stay with us or using this website.

Age and Responsibility
To book a stay with us or use this website and avail any services therein you must have attained the age of majority and shall have the necessary competence to enter into a contract, i.e., you are not otherwise disqualified to enter into a contract. You are fully aware that booking with us, or any use of the facilities of the website, either financial or other contractual obligations on your part, which you must be competent to discharge and comply with.

Booking Procedure
You submit your online Reservation Request through the reservation form or through phone. In case the room you have requested is available, we will block it for you and send you a request for payment. You will have to make the payment in full in the stipulated time frame mentioned to reserve your room. If we don’t receive the payment in the stipulated time frame then we will unblock the room(s) for other bookings.

In the unlikely event when we are unable to provide accommodation as confirmed by us; we will inform you at the earliest possible opportunity by email. You will have the choice to either to get a full refund of the amount paid or accept an alternative room suggested by us. We will refund the price difference if the alternative room is of a lower value.

Cancellation Rules
Once your booking is confirmed and paid for in full, you will be entitled to cancel, however, as we incur costs in booking and cancellation, you will be refunded as per our cancellation policy below:

Confirmed & paid bookings cancelled 31 days or earlier from arrival date will attract 25% deduction of total booking amount
Confirmed & paid bookings cancelled 30-15 days before arrival date will attract 50% deduction
Confirmed & paid bookings cancelled 14 days or less before arrival date will attract 100% deduction and there will be no refund
There is no refund for an early departure or no show or for lesser number of guests
Bookings are not transferable to another party/group/person(s)
Advance payments are strictly non-refundable

Having said that, we understand that sometimes even the best laid plans can change so if you have to cancel your booking due to an unforeseen emergency, please let us know and we can consider, at our discretion and subject to availability, keeping your payment for a future stay within 3 months of your original checkin date (except for black out dates such as national holidays, long weekends and our peak season) without any cancellation fees charged. Any difference in pricing for the future or replanned stay dates will need to be paid extra. No refund is applicable if the future or replanned stay period is shorter than the original stay dates or has lesser number of people. In case of a group booking, a minimum of 60% of the original group will need to be a part of the replanned stay to be eligible for the free rescheduling mentioned above. The free rescheduling is a one time option only and only available for bookings where the complete payment has been made. The free rescheduling option is not available for bookings where only advance payment has been made. In case the replanned stay does not happen for any reason, that booking will be considered a no show and no refund will be issued under any circumstances.

Pricing

Our prices as described on our website Fagunia.com are inclusive of vegetarian meals (breakfast, lunch, dinner, evening snacks and two times tea or coffee) for all rooms for the booked number of guests, unless, specifically mentioned otherwise.
We reserve the right to correct any pricing errors on our website or in the booking invoice issued.
Our prices exclude insurance.
We reserve the right to increase or reduce prices on our website. Such changes will not affect the price you pay which is fully guaranteed once we have issued our confirmation. However, any changes in government taxes, if any, will be applicable as per actual.
Any guest aged 14 years or older will be considered an adult while those between 5-13 years will be considered as children for tariff calculation. Children below the age of 5 will have a complimentary stay, for up to 2 children per suite or for up to 4 children if booking the entire villa. Any number beyond this will be charged as per the children’s rate. We reserve the right to ask for a valid government id to verify age.
We reserve the right to ask for a refundable security deposit with each booking at our discretion. The amount charged will be refunded in full within 7 days of the checkout date of a guest’s stay if there has been no damage.
If you have any questions/complaints in relation to your pricing please contact us at hello@fagunia.com

Our Responsibilities To You

If the accommodation booked by you and as described on our website is not available for any reason, we will endeavor to provide an equivalent alternate room to your satisfaction.
However, we will not be liable where any failure in the performance of the contract between us is due to unforeseeable, unavoidable or unusual circumstances or events beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
Our total liability shall not exceed the total sum charged for your booking under any circumstances.

Your Liability

We reserve the right to terminate your booking and stay at any time without making any refund to you and also to claim from you for any loss, damage and / or injury sustained by us, our employees, suppliers, and representatives if you or any other member of your party should cause any malicious, willful or negligent damage.
We also reserve the right to terminate your booking and stay at any time without making any refund to you if you or any other member of your party commits any illegal act or behaves in such a way as to spoil other guests’ enjoyment of their booking or to prevent our employees from delivering services booked by you or any other party.
If we terminate your booking we will usually hold your details and those of all other members of your party within our systems and we may refuse any future bookings from you or any other member(s) of your party.
You and/or members of your booking party will be solely responsible for your luggage and personal belongings and valuables during the course of your stay at Fagunia’s homestays.
Fagunia cannot be held responsible or liable for any injury or sickness or losses incurred by you or members of your booking group sustained during the course of your stay at Fagunia’s homestays. Any evacuation needed for any medical or other emergencies including but not limited to natural calamities, rioting, strikes, road closures, conflict, war etc, will be solely your responsibility and cost.

International Guests
For International guests, passport, visa and immigration requirements:

Your specific passport and visa requirements, and any other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and / or Consulates.
We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
We are legally required by law to see each foreign guest’s passport. Please have your passport ready to show on arrival and please also keep with you a photocopy of the main page for handover on your first day.

Website Content
This website is only for your personal use as well as for non-commercial purposes. You shall not distribute exchange, modify, sell or transmit anything you copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

Personal Information
a) You fully understand and confirm that Fagunia.com is not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information or other personally identifiable information, related to or resulting from use of the website or any sites linked or associated with this site.
b) Fagunia.com makes no warranty or representation regarding of confidentiality of any communication or information transmitted on this site or any web site linked to this site. You agree that Fagunia.com is neither responsible for the confidentiality of any information that you provide while availing services through this website, including information pertaining to your credit card, residential address, mobile number, landline number, nor any damages that may arise from disclosure of such information.

Linked Websites
a) This website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained.
b) You acknowledge and agree that Fagunia.com does not have any control over the content or availability of Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Websites.
c) Links with Linked Websites should not be construed as an endorsement, approval or recommendation by Fagunia.com of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and then only to the extent expressly stipulated to the contrary.

Miscellaneous
a) All disputes arising out of the use of this website shall be settled through arbitration. Any dispute will be construed, interpreted and governed in accordance with laws of Union of India. All disputes and differences will be settled by a sole arbitrator appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitrator’s decision will be final and binding upon the parties. The language of the arbitration proceedings shall be in English. The place of arbitration shall be Nainital. The Courts at Nainital, India alone shall have exclusive jurisdiction. If you are contemplating to use this website from a jurisdiction which does not recognize or give effect to the terms and conditions of this website, including the provisions of this clause, you are agreeing that you shall not use the website any more.
b) If any part of this agreement is held to be invalid or unenforceable pursuant to applicable law being Indian laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
c) This agreement constitutes the entire agreement between the customer and Fagunia.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Fagunia.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
d) You warrant and confirm that you are at least 18 years of age and not otherwise disqualified or incompetent to enter into any contract on your own. Your further confirm that you possess the legal authority and competent to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website are true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this website may result in you being denied access to such facilities.
e) You understand that any violation of any conditions of purchase may result in cancellation of your reservation(s), in your being denied access to any Fagunia rooms, in your forfeiting any monies paid for such reservation(s), and in Fagunia debiting your account for any costs incurred as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website as well as all your acts and deeds including the acts and deeds of your companions, while being at Fagunia.com.
f) Fagunia.com collects your email data and uses it to send promotions and updates about any new services which it launches. Should you wish not to receive any mails from us in future, please contact us at hello@fagunia.com and we shall delete your name immediately.

Third Party Products and Services
This website may provide links to third party websites or facility to avail / purchase goods and services from third parties. All such use of third party websites or purchase of goods and services shall be at your sole costs and risks. Fagunia.com does not assume any responsibility in this regard and does not provide any warranty in respect of such third party websites or warranty in respect of the goods and services provided by such third parties.

Copyright and Trademark
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, except where mentioned, is the property of Fagunia.com or its content suppliers and protected by Indian and International copyright laws. Certain words and logos contained in the website are subject matter of trademark registration and protected accordingly. All software used on this site is the property of Fagunia.com or its software suppliers and protected by applicable copyright laws.

Data Collection Policy
We collect information from you necessary to process your booking or payment. We use cookies only where required, they do not hold personal information and they expire as appropriate (see further details below). All card details which you submit during payment are handled securely by third party payment gateways such as Paypal and we do not store them. In case of any payment issues while booking, please check first with your bank or card issuer. Any information submitted by you while booking is used only by Fagunia.com to enable our services to be provided to you and to communicate updates, which you can opt out from.

Google Analytics: We use Google Analytics which uses cookies in order to provide meaningful reports about visitors to our website and helps us to improve the service we provide. Google Analytics cookies do not collect personal data about you. You can also opt-out from Google Analytics completely in some browsers.