1.GENERAL

1.1.The content and information displayed on this web site www.fernhotels.com (collectively referred to as Fern Information) is the property of The Fern Hotels & Resorts, a brand of Concept Hospitality Private Limited, an Indian company with its registered office at 6th Floor - 607 to 610, ACME Plaza, Andheri - Kurla Road, Andheri (East), Mumbai 400059, India (The Fern, we, our or us). The downloading, reproduction, or retransmission of Fern Information, other than for non-commercial individual use, is strictly prohibited.

1.2.We provide the website (hereinafter Platform) to facilitate online booking and reservation services for accommodation, event spaces, banquet halls, and other hospitality services (Services) offered at hotels and resorts managed under The Fern brand (Properties). The Properties are owned by third-party entities (Property Owners), and pursuant to contractual arrangement with Property Owners, we provide certain services in relation to operation and management of the Properties.

1.3.During the stay, terms & conditions to be followed as per the house rule policy.

2.ABOUT THESE TERMS

2.1.These terms and conditions along with any policy, guidelines, additional terms (such as those pertaining to refunds, modes of payment, special offers, discounts, etc.) or other document/information referred herein or as may be provided by us on the Platform, along with any amendments or modifications made to them from time-to-time are hereinafter referred to as “Terms”.

2.2.These Terms provide you with information about us, the Platform, the Services, and other terms and conditions as applicable to your access/use of the Platform and availing of Services enabled through the Platform and transacting with the Property Owners.

2.3.By using this Platform, you are accepting all the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions, please do not use the Platform.

2.4.Upon your acceptance of these Terms, and the continued use of and access to the Platform in any manner (including visiting the Platform or availing a Service), or providing any information on the Platform, you represent that you have read and understood the Terms, are volitionally signifying your consent, and are bound by these Terms which constitute a valid and binding contract between you and us. If you do not agree to these Terms, you must not use the Platform.

2.5.Your acceptance of the Terms imply and you represent and confirm that you have the capacity to enter into a legally binding contract as per the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, are not eligible to access and/or use the Platform. We are relying on your undertaking and representation, and in the event of an anticipated or actual breach by you of these Terms or representations made by you, we reserve the right to limit or stop your access and use of the Platform and/or the Services.

2.6.We reserve the right, at our discretion, to change and/or modify portions of these Terms at any time without notice and unless otherwise indicated, such changes will become effective immediately; therefore, please check these Terms periodically for changes. We may revise these Terms at any time by amending this page. Your continued use and access of the Platform after revisions signify your acceptance of such revised Terms and hence, You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices hosted elsewhere on the Platform. In the event that the modified Terms are unacceptable to you, you should discontinue using and accessing the Platform.

2.7.The Terms constitute an electronic record under the Information Technology Act, 2000 and the rules made thereunder (“IT Act”), are generated by a computer system, and do not require any physical or digital signatures.

3.USER OBLIGATIONS

3.1.You agree to provide and represent that all information provided to us at the time of accessing and using the Platform and in course of availing the Services, is true, accurate, current, and complete. Failure to do so is a breach of these Terms and we reserve the right to limit or stop your availing of the Services. If you wish to update any information provided through the Platform, write to our Grievance Officer Ms. Humaira Khan at grievanceofficer@fernhotels.com.

3.2.You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or otherwise use the Platform such that the whole or part of it becomes interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Platform is in any way impaired.

3.3.You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the IT Act and other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

3.4.You must not use the Platform for any illegal purpose and must use the Platform in accordance with all relevant applicable laws.

3.5.You must not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission and must not bypass measures we may use now or in the future to prevent or restrict access to the Platform or certain information contained therein.

3.6.You must not copy, transmit or otherwise distribute the Platform to any third party or otherwise disassemble or reverse engineer the Platform.

3.7.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 websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

3.8.The Platform may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Platform (collectively Access Codes). The content contained in such restricted areas is confidential to The Fern, and is provided to you for your business use only, which includes reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit the use of such Access Codes on your behalf by third parties where we determine that such use interferes with our Platform’s operation or results in commercial benefits to other entities to our detriment.

3.9.In addition to the above obligations, you agree and represent that while accessing and/or using the Platform and the Services, you shall not post or publish or transmit any content, text, graphic, material, opinion, expression, or any depiction including any synthetically generated content in any mode or from, that directly or indirectly by inference, interpretation or analogy:

(a)contains, promotes or provokes violence, racism, abusive language, bigotry, hatred or harm of any kind including financial, social, cultural, or any other prejudice towards any individual or group or community;

(b)is patently offensive;

(c)contains, promotes, is derived or attributable to false, or misleading information, and illegal activities;

(d)contains any link to adult/pornographic website/content;

(e)contains any content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(f)threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation;

(g)is harmful to minors (i.e., below the age of 18 years);

(h)contains, or promotes, incites, provokes, induces any activity, language, content deemed unlawful, harmful or inappropriate by law;

(i)creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else, or being affiliated with any other person or entity;

(j)results in use of Platform for criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright or any other intellectual property infringement, or theft of trade secrets and confidential information;

(k)uploads, posts, e-mails, transmits or otherwise makes available any content or initiates communication which include information that you do not have the right to disclose, or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements), or which infringes or threatens to infringe any third party’s intellectual property rights;

(l)uploads, posts, e-mails, transmits or otherwise makes available any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, pyramid scheme or any other form of solicitation, including sending messages to people who do not know you, or who are unlikely to recognize you as a known contact, sending messages to distribution lists, newsgroups, or groups;

(m)disguises, deceives, or misleads the origin of any communication transmitted through the Platform, or knowingly or intentionally communicates any misinformation or information which is patently false or untrue or misleading in nature or in respect of any business of the Central or State governments, is identified as fake or false or misleading as notified by the fact check unit designated by the Central Government;

(n)interferes with or disrupts the Platform services or servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to this Platform;

(o)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(p)interferes with another individual’s access and use of the Platform, or any other individual’s use and enjoyment of similar services;

(q)refers to any website or URL that, in our discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

(r)displays on its website and/or the Platform, or use in connection with the Platform, any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render the Platform liable to the payment of damages to any third party; or

(s)is unlawful.

4.PROVISION OF SERVICES

4.1.Our Platform is set-up to guide you through the steps you need to take to make a booking/reservation and avail Services. Please take the time to read and check your booking/reservation details at each page of the process.

4.2.When you make your booking/reservation on the Platform, you agree to avail the Services as per the relevant terms and conditions including those around cancellation, refund, support services, and other aspects, and more specifically, at the prices (including any applicable taxes and other compulsory and voluntary charges that may apply to your booking/reservation) indicated for the Property at the time of completing your booking/reservation on the Platform. You are urged to peruse the pricing before paying for your booking/reservation.

4.3.After making a booking/reservation on the Platform, you will receive an e-mail acknowledging that the booking/reservation has been confirmed. If we are unable to fulfil your booking/reservation for any reason including non-availability of the Property, we will inform you of this by e-mail or by phone. In such scenario, if you have already paid for the booking/reservation, we will refund you the full amount as per our refund policy (Refer to point 6).

4.4.You agree and confirm that any Services provided to you on the Platform are on a best-efforts”, “as-is” and “as available” basis, and consequently, the Platform and the Services may be interrupted while browsing, transacting, using or uploading information on the Platform, or on account of maintenance operations, or due to circumstances that are beyond our reasonable control. We shall not in any manner be liable to you for failure or delay in providing the Platform and/or the Services or for any temporary disablement, permanent discontinuance thereof, or for any consequences resulting from such occurrences, for reasons that are beyond our reasonable control.

4.5.You agree and confirm that you shall comply with applicable laws and these Terms as well as any other policy made applicable to you by us while availing the Services, and we may suspend or terminate provision of the Services in case of any violations, fraudulent activities, or misuse of the Platform or breach of the Terms or any applicable policies. Access to our Platform and the Services are permitted on a temporary basis. We reserve the right at our discretion at any time, with or without notice, to modify, suspend or discontinue all or any part of, temporarily or permanently, the Platform and the Services, and shall not be liable to you for the same. We may, at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Platform and/or the Services without cause or in case of any breach of the Terms by you.

4.6.While providing Services on the Platform, we do not: (a) adopt any unfair trade practices either on the Platform or otherwise with respect to the Services; or (b) discriminate between individuals of the same class or make any arbitrarily classification of individuals.

5.PAYMENT AND PRICES

5.1.The price of the room/accommodation/reservation at the Property of your choice will be as quoted on the Platform at the time of making the booking/reservation and the total bill including applicable taxes payable by you shall be displayed before you proceed with making payments for your booking/reservation. This will include the total price of the booking/reservation along with a breakup showing applicable taxes and other compulsory and voluntary charges that may apply to your booking/reservation.

5.2.You acknowledge and understand that the prices of the room/ accommodation/ reservation at the Property is determined by the Property Owner and while we take reasonable care and due diligence to ensure that the prices provided on the Platform are correct at the time when the relevant information was entered onto the system as well as periodically thereafter, we shall not be liable for any inaccurate information provided to us by the Property Owner.

5.3.The Platform enables multiple secure payment options for your convenience, including credit cards, debit cards, net banking, UPI, and other digital wallets which are supported and provided by third party payment service providers. All transactions are processed through encrypted and PCI-DSS compliant gateways to ensure the highest level of security for your financial data.

5.4.You may cancel a payment prior to booking/reservation confirmation by following the cancellation process outlined in (Refer to point 6). For any issues related to payment processing, cancellations, or refunds, you may contact our customer care support at crs@fernhotels.com.

5.5.The price of the room/accommodation/reservation provided on the Platform are exclusive of GST which shall be charged additionally at the prevalent rates, as part of the total bill amount payable by you for your booking/reservation. Any tax liability arising from transactions undertaken on the Platform shall be borne by you, and we shall not provide any tax or legal advice.

5.6.We reserve the right to modify or discontinue, temporarily or permanently suspend the transaction facility, with or without notice and we shall not be liable to you for the same. Further, we reserve the right to refuse processing of any transaction on the Platform including questionable ones.

6.BOOKING MODIFICATION, REFUND, AND CANCELLATION

The specific details about refund and cancellation shall be provided to you on the Platform before you proceed to make payments for your booking/reservation. Further, such details along with process available to modify confirmed bookings will be provided to you as part of the booking/reservation confirmation voucher.

7.PLATFORM CONTENT AND ERRORS

7.1.We provide the Platform and content on the Platform (Platform Content) on an “as is” and “as available” basis. We do not represent or warrant that access to the Platform, or any part of it or any Platform Content, will be uninterrupted, reliable or fault free.

7.2.We make reasonable efforts to ensure that all the Platform Content is correct. However, we make no, and expressly disclaim representations, warranties or guarantees of any kind, express or implied in respect of the Platform or Platform Content. We accept no responsibility for any errors or omissions in the Platform Content and may not notify you when any information has been amended. The Platform Content is provided for general information only and it is your responsibility to determine the accuracy and fitness for your requirements. If you notice any errors in information, contact our Grievance Officer Ms. Humaira Khan at grievanceofficer@fernhotels.com..

7.3.The images regarding the Properties on the Platform are illustrative only. Although all reasonable efforts are made including requiring the Property Owners to sign suitable undertakings/declarations, to display the Properties and its details accurately, a device’s display may not accurately reflect the same or there may be errors. Please note that we make reasonable effort to maintain accuracy and transparency in all Property listings, and do not engage in any form of false or misleading advertising.

7.4.The Platform and Platform Content may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Fern shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honour reservations or information affected by such inaccuracies. The Fern reserves the right to make changes, corrections, cancellations and/or improvements to Platform Content, and to the Services described in such Platform Content, at any time without notice, including after confirmation of a transaction. The Platform contains information on the Services, not all of which are available in every location. A reference to a Service on the Platform does not imply that such Service is or will be available in your location.

7.5.We adopt industry-standard safety measures and best practices to keep the Platform secure and free from viruses, malware, and other defects. We are committed to protecting your data and maintaining the integrity of our systems, and we continuously monitor and update our infrastructure to safeguard against potential threats. However, despite our best efforts, we cannot guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.

8.PROCESSING OF PERSONAL INFORMATION

8.1.When you use the Platform, we may need to access specific data including personal data, identity information, contacts, payment details, financial data, etc. Information provided by you while availing the Service helps rendering of Services, and all such information shall be processed as per the terms of our Privacy Statement. Therefore, you must review our Privacy Statement which forms an integral part of these Terms before you continue to use or access the Platform.

8.2.Please note that we do not control or determine the privacy and data processing practices of any third-party service provider with whom you interact on the Platform, including payment service providers. We shall not be liable or responsible for their actions or omissions that may impact your informational privacy rights. You are advised to peruse their privacy statements/policies to understand how they process your personal information.

9.INTELLECTUAL PROPERTY

The Platform may contain reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of The Fern. No license in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Fern and/or other parties is granted to or conferred upon you.

10.LIABILITY

10.1.To the maximum extent permitted by law, all The Fern jurisdictions are “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, and so the above exclusion may not apply to you.

10.2.To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Platform or in connection with the use, inability to use, or results of the use of our Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

10.3.With respect to all communications you make to The Fern regarding information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and The Fern shall have no obligation to protect your communications from disclosure; (b)The Fern shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) The Fern shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information.

10.4.Services availed through the Platform may be supported by third party service providers such as integrated payment service providers. For all such support services, your contracting entity will be the concerned third-party service provider(s) and The Fern disclaims all liability for any action, omission, or claim that may arise pursuant to or be related to your use of services provided by such third-party service provider(s). 10.5.If you choose to leave the Platform via links to other non-Fern sites, including those of advertisers, The Fern is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because The Fern has no control over such sites and resources, you acknowledge and agree that The Fern is not responsible for the availability of such external sites or resources, and does not endorse or is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

11.COMMUNICATIONS AND GRIEVANCE REDRESSAL

11.1.For any complaints/grievances/discrepancies you may have while accessing or using the Platform, please contact Ms. Humaira Khan at grievanceofficer@fernhotels.com, who is our Grievance Officer under applicable law for this purpose.

11.2.Our Grievance Officer will acknowledge receipt of your communication within 48 hours and will attempt to redress your complaints/grievances/discrepancies within one month from when you contact us.

11.3.If there is a reason why you need to contact us, then you can also do so by e-mail to crs@fernhotels.com. When you contact us, a unique ticket number is automatically generated and assigned to your case. This ticket number enables you to track the status and progress of your complaint through our support system. Please retain this number for reference in all future communications related to your issue.

11.4.By accepting these Terms, you consent to receive from us, all communications including notices, legally required disclosures, or other information in connection with the Platform (collectively “Notices”) electronically. The mobile number/email ID you provide on the Platform will be construed as your designated electronic address, and the Company will communicate with you on this designated electronic address which will be deemed adequate service of Notice/electronic record. For contractual purposes, you agree to electronic means of communication and you acknowledge that all Notices that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

12.OTHER IMPORTANT TERMS

12.1.Indemnification: You agree to indemnify and hold us, our group entities, officers, directors, personnel, agents, and other representatives harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any act or omission, or any breach, or non-performance of any representation, agreement made or obligation to be performed by you pursuant to these Terms, your violation of any applicable law, or violation of the rights of a third party with whom you may transact with. Upon receipt of a claim by The Fern and its indemnified parties which is covered under indemnification, we shall promptly notify you and provide an option to you to control and drive defence proceedings, and you shall under no circumstance settle any such claim without prior consent of The Fern. Where you take charge of the defence proceedings, we shall have a right to engage our own counsel. Where you fail to take charge of the defence proceedings, we shall proceed with defence or settlement as we deem fit, and all costs and expenses borne by us in this regard shall be payable by you.

12.2.If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.3.Governing law and dispute resolution: These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. If any dispute arises between you and The Fern in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the you and The Fern. The arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996 and rules made thereunder, as amended from time to time. The seat and venue of arbitration shall be [●], and the language of arbitration shall be English. The arbitral award shall be binding on the Parties. The seat and venue of arbitration shall be Mumbai.

12.4.Force Majeure: We are not responsible for any disruption in providing Platform and the Services for any circumstances arising as a result of events beyond our control including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labour shortages including strikes, embargoes, trade restrictions, postal and internet disruptions, digital infrastructure failures, communication disruption, shutdown, take down orders, pandemic, emergency, or other similar events.