Terms and Conditions

By booking a stay with us, purchasing anything from our online store, 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 or purchasing anything with us or using this website.

Homestay

Fagunia Farmstay is an ecofriendly, sustainable homestay. We are not a resort or a hotel or a villa or a luxury home but a rustic mountain cottage with a minimalist aesthetic. We are an owner run and managed small operation with limited staff in a remote, rural, and hard to reach forest location without direct road access. As a stay at our homestay may not be suitable for everyone, do read this article before booking, especially if you have anyone with mobility/medical issues or children younger than 10 years of age in your group, to understand what you can expect from a stay with us and whether that will work for you and your loved ones.

1.1 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 by booking with us, or any use of the facilities of the website, either financial or other contractual obligations on your part, you must be competent to discharge and comply with them.

1.2 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 send you a request for payment. You will have to make the payment in full within 24 hours 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.

1.3 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 or any change in taxation 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 option. 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.

1.4 Pricing

Our prices as described on our website Fagunia.com are inclusive of vegetarian meals (breakfast, lunch, dinner, 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 home. 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 working days of the checkout date of a guest’s stay if there has been no damage.

1.5 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 or acts of god, 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.

1.6 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 our homestay.
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 our homestay. Any evacuation needed for any medical or other emergencies including but not limited to natural calamities, rioting, strikes, road closures, elections, policy changes, conflict, war, acts of god etc, will be solely at your responsibility and cost.

1.7 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 and register the same with local authorities. 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.

Online Store

2.1 General Conditions

To make a purchase through our online shop 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 by purchasing with us, or any use of the facilities of the website, either financial or other contractual obligations on your part, you must be competent to discharge and comply with them.
You may not use our products for any illegal or unauthorized purpose nor may you by using them violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any of our products or information, use them, or access them or any contact on the website through which the service is provided, without express written permission by us.

2.2 Accuracy of Information

We are not responsible if information made available on this site is not accurate, complete or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2.3 Pricing

The pricing for any our products is subject to change without notice.
We reserve the right to charge for any increase in taxes or shipping costs that may arise after the completion of a purchase.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.
We reserve the right to start or terminate any promotions or sales or offers for any of our products without any prior notice at our complete discretion.

2.4 Products

Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color or image will be accurate.
We sell natural, farm fresh products that are grown organically and processed naturally and minimally at home so there may be seasonal or other variations in the color, size, and taste of the individual products.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in them will be corrected.
We reserve the right at any time to modify or discontinue a product (or any part or content thereof) without notice at any time.

2.5 Billing

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We are not responsible for any errors in shipping due to incomplete or incorrect information provided when making a purchase. We reserve the right to seek payment for any losses incurred by us due to incorrect information provided by you at the time of purchase or later.
For more details, please review our Shipping Policy below.

2.6 Shipping

Please note that we practice slow shipping.
Given our remote, off the road, and rural mountain location next to a forest, courier companies do not reach our doorstep to pick up packages.
We have to pack, hand carry the packages and climb up a mountain to reach our vehicle. Then drive 40 mins (crossing a 4 km long unpaved forest track in between) to reach the nearest courier office to ship our packages. This takes time.
So please allow ~2-3 days after we receive your confirmed order, for us to pack, and drop off the package at the courier office for shipping.
After that, it should take about 5-7 working days for the package to reach you depending on your location.
Please note that minimum total product order amount required to ship is Rs. 1000.

2.7 Packing & Packaging

Committed to reducing our footprint and impact on the environment, we try to use minimal and ecofriendly packaging as much as possible.
So all of our products are packed in glass bottles that you can reuse.
You may see some unusual natural packing material like pine needles, hand collected from the forest floor next to us, as cushioning in our packages.

2.8 Returns & Refunds

Due to the perishable nature of our products, all of our microlots are non-returnable and non-refundable once the order is placed.
In case of damage during shipping, please share photos/videos of the unboxing and damaged products within an hour of receiving your package. We will review and consider, at our discretion, issuing a refund.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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® 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® or its software suppliers and protected by applicable copyright laws.

9. 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.