Introduction
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use. This is the Guest Policy for ‘K Resort’, a luxury resort operated by Pixie Dust. This Guest Policy shall be read along with the Terms of Use and Privacy Policy of the Website at ‘www.kresort.in’.
- Guests agree to adhere to all codes of conduct, guidelines and policies, as may be prescribed by K Resort, from time to time.
- Guests voluntarily agrees and permits the Resort representatives to profile the guest from information that is available on the public domain to ascertain the details of the guest and render adequate hospitality services to them during their stay in the Resort.
- Guests undertake that they are free from any contagious diseases and epidemic diseases during their visit and stay at the Resort.
- K Resort reserves the right to send guests away from the Resort at any time due to their conduct and behaviour or for any other safety, security or medical reasons. This applies in particular, if Guests do not observe instructions given by Resort employees, express themselves in a discriminating manner, harass or endanger other guests.
Force Majeure
We do our best to ensure reservation arrangements are satisfactory, however, the Resort does not accept any liability for any loss financial or otherwise, travel delay, injury, damage, additional expenses or inconvenience caused directly or indirectly by any events which are beyond our control. These include, but not limited to, flight delays or cancellations, civil disturbance, defects in vehicles, strikes, theft, acts of terrorism, natural disaster, war, fire, floods, natural disasters, acts of Government or of any other authorities, changes to Government regulations, accident to or failure of machinery or equipment, maintenance requirements or industrial action. Further, transport to the airport is provided as an ancillary service and the Resort is not accountable to whatsoever happens to the guests during such transits.
Indemnity
All Guests agree to indemnify, defend and hold harmless the Resort, its independent service providers, third party suppliers, and consultants, and their respective directors, officers, employees and agents from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
- The Guests’ visit or booking at the Resort;
- The Guests’ violation of the Terms and Conditions, Privacy Policy, Refund Policy or Guest Policy (or any other applicable policy that may arise);
- The Guests’ violation of any rights of another;
- The Guests’ conduct in connection with the Resort and its employees;
- The Guests’ internal disputes amongst other Guests.
All Guests agree to fully cooperate in indemnifying the Resort at their sole expense. All Guests also agree not to reach a settlement with any other Guest without the consent of the Resort.
In no event shall the Resort be liable to compensate the Guest or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Resort had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Guest’s access or use of the Resort and its facilities and services.
All founders and associate of the Resort are not responsible for any consequences arising out of the following events:
- if there is undue delay or inability to communicate at the Resort due to technical failures.
- if there is a failure in the functioning of any other service provided by the Resort, temporarily.
Guests may be held legally responsible for damages suffered by other Guests or any third party as a result of illegal actions or inappropriate conduct and the Resort shall not be liable to bear any consequences of internal disputes between Guests. The Resort expressly excludes any liability for any loss or damage that was not reasonably foreseeable by them and which is incurred by Guests. To the fullest extent permitted by law, the Resort shall not be liable to Guests or any other party for any loss or damage, regardless of the form of action or basis of any claim. The Guests acknowledge and agree that the sole and exclusive remedy for any dispute with the Resort is to terminate the Guest’s use of the Resort.
Miscellaneous Provisions
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be disseminated immediately to all existing Guests and on the website of the Resort at www.kresort.in. Please check the latest information posted.