Partner Terms — StayByHours

1. Parties & definitions

These Partner Terms (“Terms”) are entered into between StayByHours Technologies Pvt. Ltd. (“StayByHours”, “we”, “us”), a company incorporated under the Companies Act, 2013, and the hotel, guesthouse, resort, hostel, or other accommodation provider that applies for and is approved to list on the StayByHours platform (“Partner”, “you”).

Capitalised terms used in these Terms have the following meanings:

• Platform — the StayByHours website (staybyhours.com), the IMS portal at staybyhours.com/pms, the consumer mobile applications, and any successor or related services operated by StayByHours.
• Property — each individual accommodation property listed on the Platform by the Partner.
• Booking — a confirmed reservation made by a Guest for a Property through the Platform.
• Guest — the end-user of the Platform who places a Booking.
• Commission — the percentage of the Booking value payable by the Partner to StayByHours, set out in the Property onboarding form.
• Applicable Law — all laws of the Republic of India, including the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Digital Personal Data Protection Act, 2023 (“DPDP Act”), the Central Goods and Services Tax Act, 2017, the Income-tax Act, 1961, the Foreign Exchange Management Act, 1999, and any rules, regulations or notifications thereunder.

2. Eligibility & onboarding

To list a Property on the Platform, the Partner represents and warrants that:

• The Partner is the legal owner, lessee, or duly-authorised manager of each Property and is empowered to enter into this agreement.
• The Property holds, and will maintain throughout the term, all statutory and municipal licenses required to operate as a hotel or accommodation establishment, including (without limitation) a valid trade licence, fire safety NOC, building completion or occupancy certificate, FSSAI licence (where food and beverage is served), excise/liquor licence (where applicable), pollution control consents, and music/entertainment licences.
• The Partner is registered for Goods and Services Tax (GST) where its annual aggregate turnover exceeds the threshold under the CGST Act, 2017, and shall furnish a valid GSTIN at onboarding.
• The Partner has a valid PAN issued by the Income Tax Department and a bank account in India in the legal name of the Partner entity.
• The Property complies with all hospitality industry circulars issued from time to time by the Ministry of Tourism, Government of India, and the relevant State Tourism Department, including guest identity verification under the Foreigners Act, 1946 and the Registration of Foreigners Act, 1939 for foreign nationals.

StayByHours reserves the right to verify any of the above through documentary evidence or physical site visit and may suspend or decline a listing where verification fails.

3. Listing content & accuracy

The Partner shall ensure that all content submitted to the Platform (Property name, address, photographs, amenity list, descriptions, rates, policies) is accurate, current, and not misleading. The Partner grants StayByHours a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, and adapt such content on the Platform and in marketing materials for the duration of the listing.

Photographs must be original to the Property; stock imagery, images of other properties, or digitally-altered images that misrepresent the actual condition are prohibited. Detailed standards are set out in the Listing Policy, which forms an integral part of these Terms.

4. Pricing, availability & rate parity

• The Partner is solely responsible for setting and maintaining accurate room rates and inventory on the Platform via the IMS portal.
• Room rates set by the Partner shall be exclusive of GST; applicable GST is calculated separately by the Platform and shown to the Guest before payment. The Partner shall not separately collect taxes from the Guest at the Property except where lawfully required (e.g., state-specific luxury tax where still in force).
• The Partner shall not list a higher rate, lower availability, or less favourable cancellation terms on the Platform compared to its own direct channels for an equivalent stay duration. Rate parity is measured on a per-segment basis (full-day vs flexible hourly slot).
• Where the Partner offers exclusive promotions on its direct channel, written notice to StayByHours is required.

5. Bookings, check-in & cancellations

• StayByHours acts as an intermediary under Section 79 of the Information Technology Act, 2000. The contract of accommodation is between the Partner and the Guest; StayByHours is not a party to that contract and is not liable for the actual provision of the accommodation service.
• The Partner shall honour all confirmed Bookings. Where a Booking cannot be honoured for reasons attributable to the Partner (overbooking, premises unavailable, etc.), the Partner shall, at its own cost, either provide equivalent accommodation at a comparable property within 5 km, or reimburse the Guest in full with no deduction.
• Guest cancellation policies (free cancellation window, partial-refund tiers, no-show treatment) are set centrally by StayByHours for consumer-facing consistency. The Partner agrees to follow these as the default and may negotiate property-level variations only in writing.
• Guest identity verification at check-in is the sole obligation of the Partner. The Partner shall maintain valid identification records as required under the Foreigners Act, 1946, the Registration of Foreigners Act, 1939, and any applicable State police regulations (Form C / FRRO reporting where applicable).

6. Commission & settlement

• The Commission rate, exclusive of taxes, shall be as agreed at onboarding and recorded against the Property in the IMS. Any revision shall require 30 days’ written notice.
• StayByHours shall remit Booking proceeds, net of Commission and applicable taxes, to the Partner’s designated Indian bank account on a weekly settlement cycle (T+7 business days from checkout date), provided no chargeback or dispute is open.
• Commission attracts GST at the prevailing rate (currently 18%); StayByHours shall raise a tax invoice in the name of the Partner for each settlement period.
• In accordance with Section 194O of the Income-tax Act, 1961, StayByHours, as an e-commerce operator, shall deduct TDS at the prescribed rate (currently 0.1% of gross sales) from the Partner’s settlement and deposit it with the tax authorities. A TDS certificate (Form 26AS reflection) shall be made available to the Partner.
• In accordance with Section 52 of the CGST Act, 2017, StayByHours shall collect TCS at the prescribed rate (currently 1%) on taxable supplies and remit it; the Partner shall be able to claim credit thereof.
• Refunds to Guests for cancellations/no-shows beyond the Partner’s policy threshold shall be debited from the Partner’s next settlement.

7. Data protection & DPDP compliance

• Both StayByHours and the Partner are joint data fiduciaries under the DPDP Act, 2023, in respect of Guest personal data shared on the Platform.
• The Partner shall use Guest personal data only for the purpose of providing the booked accommodation service and shall not repurpose it for direct marketing, third-party sale, or any unrelated processing without separate Guest consent.
• The Partner shall implement reasonable security practices and procedures as required under Section 8 of the DPDP Act, including encryption at rest, access controls, and breach notification.
• In the event of a personal data breach affecting Guest data, the Partner shall notify StayByHours within 24 hours of becoming aware, and shall cooperate fully with any notification to the Data Protection Board of India.
• Guest data shall be retained only for the period required to fulfil legal obligations (KYC retention under hospitality and police regulations) and securely deleted thereafter.

8. Property & guest safety

• The Partner warrants that the Property complies with all building safety, fire safety, and electrical safety codes applicable in the local jurisdiction.
• The Partner shall maintain commercial general liability and public liability insurance with a sum assured of not less than INR 1 crore per occurrence covering Guest injury, property damage, and statutory claims, and shall furnish a copy of the policy schedule on request.
• Where the Property serves food, the Partner shall comply with the Food Safety and Standards Act, 2006 and rules thereunder.
• The Partner shall not deny check-in to a confirmed Guest on the basis of caste, religion, sex, sexual orientation, marital status, region of origin, or any other ground prohibited under Article 15 of the Constitution of India and the Protection of Civil Rights Act, 1955. Two consenting adults of any combination presenting valid government photo identification are entitled to check in.

9. Indemnification

The Partner shall indemnify, defend, and hold harmless StayByHours, its directors, officers, employees, and affiliates from any claims, damages, losses, fines, or expenses (including reasonable legal fees) arising out of (a) any breach of these Terms by the Partner; (b) any act, omission, negligence, or wilful misconduct of the Partner or its staff at the Property; (c) any non-compliance with Applicable Law; (d) any third-party claim relating to the accommodation service, Property condition, or Guest experience.

10. Limitation of liability

In no event shall StayByHours’ aggregate liability to the Partner under or in connection with these Terms exceed the Commission collected by StayByHours from the Partner during the three (3) months immediately preceding the event giving rise to the claim. StayByHours shall not be liable for indirect, consequential, incidental, punitive, or special damages, including loss of profits, loss of goodwill, or loss of business opportunity, even if advised of the possibility.

11. Term, suspension & termination

• These Terms commence on the activation of the first Property and continue until terminated.
• Either party may terminate for convenience on 30 days’ written notice; the Partner shall continue to honour all confirmed Bookings with check-in dates falling within the notice period.
• StayByHours may suspend or remove a listing immediately on (a) material breach not cured within 7 days of notice; (b) safety, fraud, or regulatory concern; (c) repeated negative Guest feedback indicating service failure; (d) insolvency or licence cancellation of the Partner.
• All settlement, indemnification, confidentiality, and dispute resolution clauses survive termination.

12. Confidentiality

Each party shall maintain in confidence all non-public information received from the other in the course of this agreement, including pricing, Guest data, IMS portal credentials, and commission rates, and shall not disclose such information to third parties except (a) to its professional advisors under confidentiality, (b) as required by law, or (c) with the prior written consent of the disclosing party.

13. Anti-bribery & anti-corruption

The Partner shall comply with the Prevention of Corruption Act, 1988, and shall not, directly or indirectly, offer or accept any undue advantage, kickback, or facilitation payment in connection with the Platform, including to or from any StayByHours employee, agent, or city partner.

14. Force majeure

Neither party shall be liable for delay or failure in performance attributable to acts of god, government action, regulatory orders, riot, war, terrorist act, pandemic-related restrictions, internet or power outage of national scale, or any other event beyond the reasonable control of the affected party.

15. Dispute resolution & governing law

• These Terms shall be governed by and construed in accordance with the laws of India.
• Any dispute, controversy, or claim arising out of or in connection with these Terms shall first be referred to good-faith negotiation between authorised representatives of the parties for 30 days.
• Failing resolution, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed (or, failing agreement, appointed in accordance with the Rules of the Mumbai Centre for International Arbitration). The seat and venue of arbitration shall be Mumbai. The language shall be English.
• Subject to arbitration, the courts at Mumbai shall have exclusive jurisdiction.

16. Modifications & notices

StayByHours may amend these Terms by posting an updated version and notifying the Partner via the registered email address. Continued use of the Platform after the effective date of the amendment shall constitute acceptance. Material commercial changes (Commission, settlement cycle, parity rules) require 30 days’ advance notice.

Notices shall be sent to the email addresses on record at onboarding, with a copy by registered post for legal notices to: StayByHours Technologies Pvt. Ltd., Mumbai, India.

17. Grievance officer

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the grievance officer for partner-related complaints can be reached at partners@staybyhours.com. Acknowledgement within 24 hours; resolution target within 15 days.

18. Entire agreement

These Terms, together with the Listing Policy and the executed onboarding form for each Property, constitute the entire agreement between the parties and supersede all prior understandings.