VILLAS IN GOA
To safeguard both the renters (guests) and the property owners/platform, it is essential to create comprehensive and unambiguous terms and conditions for a villa rental website in Goa. Along with standard procedures in the rental sector, these terms ought to address the legal requirements unique to India and Goa.
Agreement: Make it clear that users accept these terms and conditions by using the website and making a reservation.
Parties: Identify the "Property Owner," "Guest/Client," and "Company/Platform."
Eligibility: Indicate that users must be able to legally enter into contracts and be at least eighteen years old.
Booking Process: Describe the procedures (such as inquiry, availability check, and confirmation) that go into making a reservation.
Booking Confirmation: Indicate that a reservation is only considered confirmed after a certain amount of money is paid in full or as a deposit.
Payment Schedule: Describe the terms of payment:
30–50% of the total rental cost, for example, is the initial deposit.
Date of balance payment due (e.g., 6-10 weeks before arrival)
For last-minute reservations, full payment is required.
Particular conditions for payments during holidays (Diwali, Christmas, New Year, etc.), when full payment may be needed in advance.
Payment Options: Provide a list of the available payment options (credit card, bank transfer, etc.) along with any related fees (such as for credit card payments or international transactions).
Taxes: Make it clear that applicable local government taxes (such as GST) are subject to change.
The guest cancellation policy is very important. Establish a tier-based cancellation policy according to the amount of time before arrival:
Long-term cancellations: (e.g., 60+ or 90+ days out) - partial refund, usually at the expense of a small administrative fee or a portion of the deposit.
Mid-term cancellations: a greater percentage of forfeiture (e.g., 30-60 days out).
No refund is usually given for short-term cancellations or no-shows (such as those that occur less than 30 days in advance).
Cancellations during peak season are frequently non-refundable.
Refund Processing: Indicate when refunds will be processed as well as any potential bank fees.
Changes/Modifications (by Guest): Describe the procedures for making changes to reservations (such as changing the date or the guest) and the costs involved. Depending on availability.
Cancellation/Changes (by Company/Owner): Handle improbable situations in which the company/owner must cancel or modify the reservation (for example, because of unanticipated events or force majeure).
Provide a comparable alternative lodging option.
Give a complete refund if there isn't a suitable substitute.
Indicate when compensation will or won't be given (for example, no compensation for events that are caused by force majeure, such as civil unrest or natural disasters).
Amount: Clearly indicate the amount of the security/damage deposit (for example, INR 10,000 to INR 40,000 or more, depending on the villa).
Indicate the mode of payment, which is usually cash at check-in.
Explain that the purpose is to cover any damages, breakages, misplaced keys, excessive cleaning, or unpaid bills.
Refund: Specify the terms under which it must be returned (for example, within a specific number of days following check-out, less any deductions).
Excess Damage Invoice: We reserve the right to charge the visitor for any damages that go over the security deposit.
Standard check-in and check-out times should be clearly stated (e.g., check-in 2:00 PM, check-out 11:00 AM).
Explain that early and late check-ins and check-outs are contingent on availability and may result in extra fees. This should be requested in advance by guests.
Indian nationals: voter ID, driver's license, passport, and Aadhar card.
Valid passport and Indian visa are required for non-Indian nationals.
Declare that no refund will be given and that access will be refused without a valid ID.
All guests' names and ages must be provided at the time of booking.
It is the responsibility of visitors to leave the property and its belongings tidy and in good order.
Forbid moving furniture or taking things out of the villa.
Prohibit the use of the property for immoral or unlawful activities (such as prostitution or drug use). Declare that engaging in such behavior will result in immediate eviction without compensation and possible police involvement.
No visitors or guests from outside are permitted without prior authorization; further fees or eviction may result.
Occupancy Limits: Each villa has a maximum number of occupants that cannot be exceeded.
Noise Restrictions: Stress the importance of closely following Goan sound pollution regulations (e.g., no loud music after 10 PM).
Smoking Policy: Indicate whether smoking is permitted only on balconies or outside spaces, as well as the cost of cleaning up after indoor smoking.
Pool rules include state-mandated hours, the need for swimming suits made of nylon, and the ban on eating and drinking near the pool. Visitors use the pool at their own peril.
Security: Visitors are in charge of protecting their personal belongings and locking doors and windows when they are not on the property.
Damages: During their stay, guests are responsible for any losses or damages. When you arrive, report any pre-existing damages.
Travel Documentation: It is the guests' responsibility to have the appropriate travel documents.
Limitation of Liability: Declare that the business or owner will not be held accountable for:
Any mishaps, harm, loss, damage, or discomfort experienced by visitors while they are on the property.
damage or loss of visitors' personal belongings.
utility system flaws, damages, or failures (power, Wi-Fi, air conditioning, refrigeration), particularly those that are out of control (e.g., natural disasters, government power supply interruptions).
Third-party services (such as food delivery, taxis, and car rentals).
Right to Refuse Service: At their discretion, the business or owner may choose to refuse service.
Maintenance: Describe how to report maintenance issues and the anticipated time of response (e.g., 24-48 hours for third-party issues like Wi-Fi, AC).
Complaints: Outline a procedure for visitors to file grievances while visiting. Declare that unless there is a major, unfixable issue causing the renter great discomfort, no refunds will be given after the first day of the rental.
Travel Insurance: It is highly advised, if not required, that visitors obtain comprehensive travel insurance.
Force Majeure: Describe uncontrollable circumstances for which the business is not responsible, such as natural disasters, war, epidemics, or strikes.
Declare that the laws of India will apply to disputes and that the Goan courts will have jurisdiction.
Intellectual Property: Declare that the business owns and has copyright protection for all of the platform's content, including text, images, and logos.
Privacy Policy: For information on how user data is gathered, utilized, and safeguarded, consult an independent privacy policy.
Registration of Rental Agreements: Under the Registration Act of 1908, rental agreements that last longer than 11 months must be registered. A notarized agreement on stamp paper suffices for credibility for shorter periods (11 months or less), but registration is still advised for stronger legal standing.
Stamp Duty: Goa rental agreements call for suitable-value stamp paper. The lease term affects the stamp duty.
Police Verification: Although it isn't always stated clearly in online terms and conditions, Indian law frequently requires police verification of tenants, particularly for longer stays. For the property owner to complete this, the rental website may need to gather the required information.
Make sure that every clause complies with the Indian Contract Act, 1872.
Clarity and Simplicity: Speak in plain, uncomplicated terms. Steer clear of jargon whenever you can.
Accessibility: Ensure that your website's terms and conditions are simple to find.
Review and Update: To reflect any modifications to laws, rules, or business practices, review and update your terms and conditions on a regular basis.
Seek Legal Counsel: When drafting or reviewing your terms and conditions, it is strongly advised that you seek the advice of a lawyer who specializes in Indian property and contract law, particularly in Goa. This guarantees adherence to all regional regulations and provides sufficient protection for your company.
You can create a strong and legally sound set of terms and conditions for your Goa villa rental website by incorporating these specific points. It's important to be thorough and explicit when creating terms and conditions for a Goa villa rental website in order to protect both the platform and the renters (guests). Along with standard procedures in the rental sector, these terms ought to address the legal requirements unique to India and Goa.