Breakbag Holidays Private Limited · Legal
Terms and Conditions
Introduction and Acceptance
Welcome to PaulStays — a stay discovery and booking platform created for travellers who want to Stay Beyond the Ordinary across North East India, Bhutan and other selected destinations. Through PaulStays, travellers can explore verified homestays, boutique villas, mountain retreats, heritage homes, forest cottages, riverside cottages, community stays and local guesthouses — places chosen for their location, comfort, character and real connection with the place.
PaulStays is a brand of BREAKBAG HOLIDAYS PRIVATE LIMITED (CIN: U63090WB2015PTC208218; GSTIN: 19AAGCB4757N1Z1), a company incorporated in 2015 under the Companies Act, 2013 and headquartered at Kolkata, West Bengal, India (the “Company”). These Terms and Conditions (the “Terms”) govern your access to and use of the PaulStays website at www.paulstays.com, the PaulStays mobile application, and all booking tools, listing services, dashboards, payment features, communication channels (including email and WhatsApp), support services and any other digital or offline service provided under the PaulStays brand (together, the “Platform”).
By accessing, browsing, registering, listing a property, making an enquiry, confirming a booking, communicating with a Host or Guest, making a payment, or otherwise using the Platform in any manner, you confirm that you have read, understood and irrevocably agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Platform.
| Please read this carefully PaulStays is an intermediary and facilitator. We do not own, lease, build, operate, control or manage the properties listed on the Platform. Your stay is provided by an independent Host. Section 2 explains our role, and Sections 22 to 24 explain the limits of our responsibility. These sections directly affect your legal rights and remedies. |
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1. Definitions and Interpretation
1.1 Definitions
In these Terms, unless the context requires otherwise, the following capitalised expressions carry the meanings set out below:
“Add-On Services” means any ancillary service that may be discovered, arranged or booked through the Platform alongside a Stay, including meals, local transfers, airport or station pick-up, guided hikes, village walks, farm visits, bonfires, cultural experiences, sightseeing, drivers, guides, permits and similar destination activities.
“Applicable Law” means all laws, statutes, rules, regulations, notifications, circulars, guidelines, government directions, court orders, tax laws, tourism rules, homestay and accommodation licensing requirements, local registration requirements, foreigner registration rules, permit requirements, consumer protection laws, data protection laws and any other legal requirement applicable in India, in Bhutan, or in any other destination where a Stay is located or from which the Platform is accessed.
“Booking” means a confirmed reservation for a Stay made through the Platform, subject to availability, Host confirmation, receipt of applicable payment and these Terms.
“Booking Amount” means the total amount payable in respect of a Booking, including the Stay tariff, the charge for any Add-On Services, the Service Fee, payment gateway charges, and all applicable taxes and statutory levies.
“Company” means BREAKBAG HOLIDAYS PRIVATE LIMITED, CIN U63090WB2015PTC208218.
“Content” means any text, description, photograph, image, video, review, rating, message, document, listing detail or other material submitted to, uploaded on, displayed through, or transmitted via the Platform by any User.
“Guest” means any traveller or customer who searches, enquires about, reserves, books, pays for, checks into, or stays at any Stay listed or facilitated through the Platform, and includes every person accompanying that traveller.
“Grievance Officer” means the officer appointed by the Company under the Information Technology Act, 2000 and the rules made under it, whose details appear in Section 28.
“Host” means any property owner, homestay owner, villa owner, guesthouse operator, property manager, authorised representative, local community partner or accommodation provider who lists or offers a Stay through the Platform.
“Listing” means the property profile displayed on the Platform, including its description, photographs, amenities, pricing, location, inclusions, exclusions, house rules and cancellation terms, as provided or approved by the relevant Host.
“Losses” means any and all losses, liabilities, claims, demands, actions, suits, proceedings, costs, damages, penalties, interest, judgments, amounts paid in settlement, and expenses, including reasonable legal fees.
“PaulStays” and the expressions “we”, “us” and “our” mean PaulStays, a brand of BREAKBAG HOLIDAYS PRIVATE LIMITED.
“Personnel” means, in relation to the Company, its holding, subsidiary and affiliate entities, and its and their respective directors, officers, employees, consultants, agents, service providers, partners and representatives.
“Service Fee” means any convenience fee, platform fee, technology fee, commission, support fee or booking facilitation fee charged or retained by PaulStays in connection with a Booking.
“Stay” or “Accommodation” means any homestay, boutique stay, private villa, mountain retreat, heritage home, forest cottage, riverside cottage, local guesthouse, community stay, experiential property or other short-term accommodation displayed, listed or booked through the Platform.
“User” and the expressions “you” and “your” mean any person who accesses or uses the Platform in any capacity, including Guests, Hosts, property owners, property managers, agents, visitors and registered account holders, together with their legal heirs, successors and permitted assigns.
1.2 Interpretation
- Headings are for convenience only and do not affect interpretation.
- The singular includes the plural and vice versa; and any gender includes all genders.
- The words “include”, “including” and “in particular” are illustrative and do not limit the generality of the words preceding them.
- A reference to any statute includes that statute as amended, re-enacted or replaced from time to time.
- A reference to a person includes any individual, firm, company, body corporate, partnership, LLP, trust, society, association or other legal entity.
2. Nature of PaulStays and Our Role
2.1 PaulStays operates an online marketplace and technology platform that helps Guests discover and book verified, handpicked and locally connected Stays across North East India, Bhutan and other selected regions, and helps Hosts present and manage those Stays.
2.2 Through the Platform, PaulStays may assist with property discovery, listing presentation, booking coordination, payment collection, customer support, Host and Guest communication, basic verification, local recommendations and post-booking assistance.
2.3 Unless expressly stated in writing in respect of a specific property, PaulStays does not own, lease, build, operate, control, inspect or manage any Stay listed on the Platform. The Stay is provided by the independent Host. Accordingly, and to the fullest extent permitted by Applicable Law, the Host alone is responsible for the operation, safety, hygiene, habitability, legality, licensing, permissions, guest handling, service delivery and physical condition of the property, and for the accuracy of its Listing.
2.4 PaulStays acts solely as a facilitator between Guests and Hosts. A confirmed Booking creates a direct stay arrangement between the Guest and the Host, subject to these Terms, the booking confirmation, the Host’s house rules and the applicable cancellation policy. PaulStays is not a party to that stay arrangement and is not a hotel, lodging house or accommodation operator.
2.5 The Company qualifies as an “intermediary” under the Information Technology Act, 2000 and the rules made under it, and observes the due-diligence obligations applicable to intermediaries. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchise relationship between the Company and any User.
2.6 All Services are provided at the sole discretion of the Company. We reserve the right to add, modify, suspend, restrict or withdraw any feature, Listing, destination or part of the Platform at any time, with or without notice, and without liability.
3. Acceptance of Terms and Order of Precedence
3.1 By using the Platform, you agree to be legally bound by each of the following, which together form one integrated agreement between you and the Company:
- These Terms and Conditions;
- The PaulStays Privacy Policy;
- The PaulStays Cancellation and Refund Policy;
- The PaulStays Guest Terms, where you act as a Guest;
- The PaulStays Host Agreement, where you act as a Host;
- The booking confirmation, voucher, invoice or itinerary issued for a specific Stay; and
- Any house rules, local rules, safety rules or property-specific conditions displayed on the Listing or communicated before or at check-in.
3.2 Order of precedence. Where there is a conflict between the documents listed above:
- a signed Host Agreement shall prevail over these Terms in respect of Host-related matters;
- a booking confirmation or voucher shall prevail over these Terms only in respect of booking-specific commercial details, such as dates, price, room or unit type, occupancy and inclusions;
- the Cancellation and Refund Policy, together with the property-specific cancellation terms shown at the time of booking, shall prevail in respect of cancellations, refunds and no-shows; and
- in all other respects, these Terms shall prevail.
3.3 Access to the Platform through any medium — including mobile devices, tablets, third-party interfaces, messaging channels or application programming interfaces — is equally subject to these Terms. These Terms supersede all prior oral or written understandings relating to your use of the Platform.
4. Eligibility
4.1 You must be at least eighteen (18) years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872 or the corresponding law of your jurisdiction, in order to register on or transact through the Platform.
4.2 If you use the Platform on behalf of a company, firm, family, group, trust, society, partnership, LLP, homestay, hotel, travel agency or any other entity, you represent and warrant that you are duly authorised to act on behalf of, and to bind, that entity, and every act performed by you will be deemed authorised by and attributable to that entity.
4.3 Hosting on the Platform is open only to persons who are citizens or residents of India, entities lawfully constituted in India, or foreign nationals and entities specifically authorised to carry on the relevant commercial activity in India, Bhutan or the relevant destination, as applicable.
4.4 The Company shall not be liable for any consequence arising from false, misleading or incomplete information supplied by a User, including information relating to age or legal capacity. Where a minor accesses the Platform, responsibility rests solely with the minor’s parent or lawful guardian.
4.5 PaulStays may refuse access, decline registration, reject or cancel a Booking, remove a Listing, or suspend or terminate an account where we reasonably believe that a User is underage, unauthorised, misrepresenting information, acting unlawfully, or violating these Terms.
5. Account Registration, Verification and Security
5.1 Certain features of the Platform require registration or the submission of information such as your name, mobile number, email address, identity details, travel dates, guest count, billing details or, for Hosts, property, ownership, tax and payout details.
5.2 You agree to provide accurate, current and complete information, and to keep it updated. You are responsible for keeping your login credentials, one-time passwords, booking details and account access secure and confidential, and for logging out at the end of each session. Use of another User’s account is strictly prohibited.
5.3 PaulStays may verify Users, Guests and Hosts using one-time passwords, email verification, payment verification, document verification, reference checks or manual review. Such verification is a reasonable-effort quality measure only. It does not amount to any guarantee, warranty or assurance regarding the identity, conduct, character, financial capacity, legal compliance or reliability of any User.
5.4 Each Host remains solely responsible for verifying the identity and eligibility of every Guest at check-in and for maintaining any guest register, record or statutory form required by Applicable Law. PaulStays provides the infrastructure for information exchange but assumes no liability for the authenticity of any identity or document presented by any User.
5.5 You are responsible for all activity carried out through your account, whether authorised by you or not, unless such activity is caused solely by a proven technical breach directly attributable to PaulStays. You may be held liable for Losses suffered by the Company or any other User arising from the unauthorised use of your account.
5.6 If you become aware of, or suspect, any unauthorised use of your account or any breach of security, you must notify us immediately at support@paulstays.com or +91-7699002674 so that we can take appropriate action.
5.7 PaulStays may suspend, restrict or terminate any account where information provided is found to be false, misleading or incomplete, where verification is not satisfactorily completed, or where the account is used in breach of these Terms or Applicable Law.
6. Guest Responsibilities
As a Guest, you agree and undertake that:
- You will carefully review the Listing, including the location, amenities, inclusions, exclusions, price, taxes, cancellation terms, check-in and check-out times, house rules and overall suitability of the Stay, before confirming a Booking.
- You will provide correct guest details, travel dates, contact information and identity documents whenever required.
- You will carry valid government-issued photo identification at check-in. Foreign nationals must carry a valid passport, visa and any other document required by Applicable Law.
- You will comply with all Applicable Law, property rules, community norms, environmental guidelines and reasonable instructions given by the Host or by PaulStays.
- You will not exceed the permitted number of guests unless approved in writing, and you will not permit unregistered persons to stay at the property.
- You will not host parties, events, commercial photography or film shoots, illegal activities, gambling, drug use, public nuisance, excessively loud music, abusive conduct, or any activity that disturbs the Host, the neighbours, the local community or other travellers.
- You will take reasonable care of the property and will be liable for any damage, loss, theft, breakage, staining, missing item, excessive cleaning requirement, rule violation or penalty caused by you or by any person accompanying you.
- You are responsible for your own valuables, cash, jewellery, gadgets, documents, luggage and personal belongings. Neither PaulStays nor the Host shall be responsible for any loss, theft or damage to them, except where caused by proven wilful misconduct.
- You understand that homestays, forest stays, mountain retreats, heritage homes and remote or experiential properties do not function like city hotels. Internet connectivity, mobile network, power backup, hot water, road access, food choices, medical access and luxury amenities may be limited or intermittent in certain destinations.
- You are responsible for assessing your own health, fitness, mobility, age-related needs, weather suitability, road conditions and travel risk before booking a remote or experiential Stay, and for carrying any medication or equipment you may require.
- You will report any discrepancy, deficiency, safety concern or dissatisfaction with the property to PaulStays and to the Host promptly, and in any event within twenty-four (24) hours of check-in, so that a remedy can reasonably be attempted.
7. Host Responsibilities
As a Host, you represent, warrant and undertake that:
- You hold full legal ownership, lease rights, management authority or written authorisation entitling you to list and offer the property on the Platform.
- The property is safe, habitable, clean, structurally sound, fit for guest accommodation, and compliant with Applicable Law.
- You hold and will maintain all licences, registrations, permits, tax registrations, fire-safety clearances, tourism approvals, homestay registrations, municipal permissions and any other approval required to operate the property and to offer any Add-On Services.
- All information in your Listing — including photographs, location, pricing, amenities, unit or room type, meals, views, accessibility, house rules and cancellation terms — is accurate, current, complete and not misleading.
- You will honour every confirmed Booking, except where genuinely prevented by an emergency, a force majeure event, a legal restriction or a bona fide safety issue, and you will inform PaulStays immediately in any such case.
- You will not demand or collect any charge from a Guest beyond what is disclosed on the Platform or agreed in writing, and you will not attempt to renegotiate the price after a Booking is confirmed.
- You will verify each Guest’s identity documents at check-in wherever required by law, and will maintain guest registers, records or Form C filings for foreign nationals where applicable.
- You will not unlawfully discriminate against any Guest on the basis of religion, caste, race, ethnicity, region, gender, sexual orientation, nationality, marital status, disability or any other protected characteristic under Applicable Law.
- You will respect Guest privacy at all times, and you will not install or operate hidden cameras, recording devices or surveillance equipment in any private area, including bedrooms, bathrooms, changing areas and any other private space. Any surveillance in common or exterior areas must be lawful and clearly disclosed in the Listing.
- You will inform PaulStays immediately of any safety incident, accident, police or legal matter, guest misconduct, property damage, need to cancel, complaint, local restriction or event that may affect a Booking.
- You will comply with the PaulStays Host Agreement, where executed, and with all payout, invoicing, taxation and record-keeping requirements applicable to you.
PaulStays may remove, suspend, de-rank, suppress or deactivate any Listing, withhold payouts, or terminate a Host account where the Host supplies false information, receives repeated substantiated complaints, breaches Applicable Law, behaves improperly towards Guests or our team, cancels confirmed Bookings without valid reason, or otherwise damages the trust and integrity of the Platform.
8. Verification, Handpicked Stays and Pricing Claims
8.1 PaulStays may describe Stays using expressions such as “verified”, “handpicked”, “locally checked”, “honest local pricing”, “sustainable” or “community-connected”. These expressions describe our curation approach and quality intent. They are not legal certifications or guarantees.
8.2 “Verified” or “handpicked” means that PaulStays may have carried out reasonable checks such as communication with the Host, collection of documents, review of photographs, a property or reference check, a pricing assessment, or a review of past customer feedback. It does not mean that PaulStays guarantees the property in all circumstances, has physically inspected it on every occasion, or assumes any of the Host’s legal duties or liabilities.
8.3 “Honest local pricing” does not constitute a lowest-price guarantee unless expressly stated in writing. Prices may legitimately vary with season, demand, occupancy, taxes, festivals, local events, road and weather conditions, permits, currency fluctuation and Host decisions.
8.4 “Sustainable”, “responsible” or “benefitting locals” reflects our intention to encourage locally owned, community-connected and responsible stays wherever possible. It does not amount to a legal or third-party sustainability certification unless a specific certification is expressly named.
9. Booking Process and Confirmation
9.1 A booking request or enquiry is not a confirmed Booking. A Booking is confirmed only once availability is confirmed by PaulStays or the Host and the payment required under the applicable booking terms has been received.
9.2 Depending on the property and booking type, PaulStays may accept full payment, partial or advance payment, or a pay-at-property arrangement where the Host expressly permits it.
9.3 On confirmation, the Guest may receive a booking confirmation, payment receipt, voucher, itinerary, invoice, email or WhatsApp message. The Guest must review the confirmation immediately and report any discrepancy to PaulStays within twenty-four (24) hours of receipt. Failing that, the details in the confirmation shall be deemed accepted.
9.4 All Listings are subject to availability. Tariffs, taxes, fees and availability may change without notice until a Booking is confirmed. PaulStays does not guarantee that any Stay, date, tariff or Add-On Service will remain available following an enquiry.
9.5 PaulStays reserves the right to cancel, modify or place on hold a Booking before check-in, including where:
- the property becomes genuinely unavailable, or the Host withdraws inventory;
- the price or Listing detail was displayed incorrectly owing to a technical or human error;
- the Booking appears fraudulent, suspicious or made in breach of these Terms;
- payment is incomplete, reversed, disputed or affected by a chargeback;
- a User has supplied false or misleading information; or
- Applicable Law, weather, road conditions, permit denial, political disturbance, safety concerns or a force majeure event makes the Booking impractical or unsafe.
9.6 Where PaulStays cancels a Booking under Clause 9.5, we may offer an alternative Stay, a credit note, a refund or another reasonable resolution in accordance with the Cancellation and Refund Policy. Except as provided in that policy or as required by Applicable Law, no further compensation shall be payable.
9.7 PaulStays is not bound to honour any typographical, pricing or descriptive error appearing on the Platform.
10. Payments, Fees and Taxes
10.1 Guests must pay the amount displayed or communicated at the time of Booking, which may include the Stay charges, the Service Fee, applicable taxes, payment gateway charges, add-on charges and any other disclosed fee.
10.2 PaulStays may collect payment directly or through payment gateways, payment links, UPI, bank transfer, cards, wallets or any other approved payment method. All fees and charges are disclosed before you confirm a Booking or, for Hosts, in the Host Agreement.
10.3 You must use only payment credentials that you are lawfully entitled to use. The Company shall not be liable for any fraud arising from your use of payment credentials, and the burden of proving lawful use rests with the User.
10.4 Third-party payment processors may charge transaction fees, and may delay, hold, fail or reverse transactions for banking, technical, compliance or risk reasons. PaulStays shall not be responsible for any delay or failure caused by a bank, payment gateway or payment intermediary.
10.5 PaulStays may deduct or set off its commission, Service Fee, technology fee, cancellation penalty, damage recovery, refund adjustment, statutory tax deduction, or any other amount lawfully due, before settling any payout to a Host. Host payouts are settled in accordance with the Host Agreement and are subject to completion of verification and the absence of any dispute, chargeback or safety concern.
10.6 Hosts are solely responsible for their own income tax, GST, local and tourism taxes, municipal charges, foreign-guest reporting, invoicing and all other statutory obligations, unless PaulStays has expressly agreed otherwise in writing. Where required by Applicable Law, the Company may withhold or deduct tax at source and remit it to the relevant authority.
| Off-platform payments — important Payments or arrangements made directly between a Guest and a Host outside the Platform or outside authorised PaulStays channels are strongly discouraged. PaulStays shall not be responsible for any fraud, dispute, refund failure, service failure, damage or loss arising from any such off-platform transaction, and no PaulStays support, mediation, refund or protection will be available in respect of it. Attempting to bypass the Platform to avoid Service Fees or commission after discovering a Guest or Host through PaulStays may result in denial of support, cancellation of bookings, withholding of payouts, suspension of the account and removal from the Platform. |
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11. Cancellation, Refund and No-Show
11.1 All cancellations and refunds are governed by the PaulStays Cancellation and Refund Policy, read together with the property-specific cancellation terms displayed or communicated at the time of Booking. The Guest must review those terms before making payment.
11.2 Different properties may carry different cancellation terms, including flexible, moderate or strict cancellation, partial refund, non-refundable tariff, festival or peak-season policy, group-booking policy or long-stay policy. The terms shown on the Listing at the time of Booking apply to that Booking.
11.3 Service Fees, convenience fees, payment gateway charges, permit charges, documentation charges, and the value of any service already consumed may be non-refundable, unless expressly stated otherwise or required by Applicable Law.
11.4 If a Guest fails to check in on the scheduled date without a valid cancellation made in accordance with the applicable policy, the Booking may be treated as a no-show and the Booking Amount may be forfeited in full.
11.5 Where a Host cancels a confirmed Booking without valid reason, PaulStays will make reasonable efforts to assist the Guest with a suitable alternative Stay or a refund in accordance with the Cancellation and Refund Policy. PaulStays may additionally penalise, suppress, suspend or delist the Host and withhold payouts.
11.6 Refund timelines depend on the payment method, payment gateway, bank processing time and internal verification. Approved refunds are processed to the original payment method. PaulStays is not responsible for delays caused by banks or payment processors.
12. Check-In, Check-Out and Stay Rules
12.1 Standard check-in and check-out times are stated in the Listing or the booking confirmation. Early check-in and late check-out are subject to availability and Host approval, and may be chargeable.
12.2 Guests must present valid identity documents at check-in. A Host may lawfully refuse check-in where a Guest fails to produce valid documents, appears intoxicated or unfit, behaves aggressively, exceeds the permitted guest count, attempts any unlawful activity, or refuses to abide by the house rules. Where check-in is lawfully refused on these grounds, the Booking may be treated as a no-show and no refund shall be payable.
12.3 The Host may charge separately for services not included in the Booking, such as meals, bonfire, heater, room service, laundry, local transport, guide services, parking, extra bedding, driver or staff accommodation, pet stay, special decoration or power backup. Such charges must be disclosed to the Guest before the service is provided.
12.4 Property-specific rules may apply in relation to pets, unmarried couples, local identity documents, alcohol, smoking, kitchen or cooking access, drivers and staff, parties, infants, elderly guests, accessibility and group stays. Guests must review these rules on the Listing before booking, and PaulStays shall not be liable where a Guest is refused service for breaching a rule that was disclosed on the Listing.
13. Destination-Specific Conditions: North East India and Bhutan
13.1 Many PaulStays destinations lie in sensitive border regions, hill and mountain areas, protected areas, forest zones or remote locations. Travel to such areas may involve permits, restricted-area rules, local and tribal customs, hill roads, weather disruption, landslides, roadblocks, strikes or bandhs, limited infrastructure, early sunset, wildlife proximity and government restrictions.
13.2 Guests are solely responsible for understanding and complying with all destination-specific legal requirements applicable to them, including the Inner Line Permit (ILP), Protected Area Permit (PAP), Restricted Area Permit, visa and passport requirements, the Bhutan Sustainable Development Fee (SDF), route permissions, entry rules, police verification and local tourism regulations.
13.3 PaulStays may provide information or coordination assistance in relation to permits and entry requirements. However, unless a permit, entry fee, visa, route permission, guide charge, government levy or local tax is expressly included in the Booking, it is excluded from the Booking Amount and remains the Guest’s responsibility and cost.
13.4 PaulStays does not guarantee that any permit, entry approval or visa will be granted. Refusal, delay, cancellation or revocation of any permit or approval by any authority is not attributable to PaulStays, and any refund in such an event shall be governed by the Cancellation and Refund Policy.
13.5 Stays and services in Bhutan are additionally subject to the laws, tourism rules, property rules and government policies of the Kingdom of Bhutan. Changes in government regulation, taxation, permits, the Sustainable Development Fee, border rules or foreign-tourist policy may affect availability, pricing and Bookings, and PaulStays shall not be liable for any consequence of such change.
14. Add-On Services and Local Experiences
14.1 PaulStays may help Guests discover or arrange Add-On Services such as meals, local transfers, hikes, guides, cultural experiences, village walks, farm visits, bonfires, local food experiences, sightseeing, permits and drivers.
14.2 Unless expressly stated otherwise, such Add-On Services are provided by independent Hosts, local vendors, guides, drivers or community partners, and not by PaulStays. PaulStays does not guarantee the conduct, punctuality, safety, quality or availability of any third-party Add-On Service.
14.3 Guests participate in local experiences at their own discretion and risk. Outdoor, adventure, road, river, forest, village, mountain and cultural activities may involve physical risk, weather dependency, local restriction and operational change. Guests are responsible for assessing their own suitability for any such activity, and for following all safety instructions given by the provider.
15. User Conduct and Prohibited Activities
15.1 You agree to use the Platform lawfully, honestly and respectfully, and not for any unlawful, harmful, abusive, fraudulent or unauthorised purpose.
15.2 You must not:
- provide a false identity, false property details, forged documents or misleading information;
- upload fake, stolen, digitally altered or materially misleading property images;
- impersonate any other person or entity, or misrepresent your affiliation with any person or entity;
- harass, threaten, abuse, stalk, defame or unlawfully discriminate against any Guest, Host, PaulStays employee or member of a local community;
- engage in or facilitate illegal drugs, trafficking, prostitution, child exploitation or abuse, gambling, violence, weapons-related activity or any other criminal activity;
- damage, hack, scrape, overload, reverse-engineer, decompile, disassemble or otherwise interfere with the Platform, its security or its infrastructure;
- bypass the Platform in order to avoid Service Fees or commission after discovering a Guest or a Host through PaulStays;
- post obscene, pornographic, hateful, violent, defamatory, communal, politically inflammatory, paedophilic or otherwise unlawful Content;
- violate the privacy of any person by recording, photographing, monitoring or publishing them without consent;
- use the Platform for spam, phishing, malware, unauthorised marketing, data harvesting or any similar activity; or
- remove, obscure or alter any copyright, trademark or proprietary notice on the Platform.
15.3 PaulStays operates a zero-tolerance approach to unlawful and harmful conduct. We may remove Content, cancel Bookings, suspend or terminate accounts, block Users, withhold payouts, preserve data for investigation, report unlawful conduct to the appropriate authorities, and take legal action. Our moderation and enforcement decisions are final.
16. Content, Photographs and Reviews
16.1 Users may submit property descriptions, images, videos, reviews, ratings, messages, feedback and documents to the Platform. You retain ownership of your Content.
16.2 By submitting Content, you confirm that you own it or have all necessary rights and permissions to use it, and you grant PaulStays a worldwide, royalty-free, non-exclusive, transferable and sub-licensable right to host, store, use, reproduce, edit, crop, format, translate, publish, display, distribute and promote that Content for the purposes of operating, improving, promoting and marketing the Platform and the Services across our channels.
16.3 PaulStays may edit, crop, format, moderate or remove Content in order to maintain quality, legality, safety or brand standards. We may remove fake, incentivised, abusive, irrelevant or policy-violating reviews. We do not, however, remove genuine negative reviews merely because a Host objects to them.
16.4 You must not upload Content that infringes any copyright, trademark, privacy, publicity or other third-party right. You are solely responsible for the Content you submit, and PaulStays does not endorse and is not responsible for any User-submitted Content.
16.5 Any feedback, suggestion or idea you provide about the Platform may be used by PaulStays freely, without restriction, attribution or compensation, and you waive any claim to the contrary.
17. Intellectual Property
17.1 The PaulStays and BREAKBAG names, logos, brand identity, taglines (including “Stay Beyond the Ordinary”), website and application design, layout, booking flow, text, graphics, icons, images, databases, listing formats, curated collections, software, source code, marketing material and all related intellectual property belong to PaulStays, BREAKBAG HOLIDAYS PRIVATE LIMITED or its licensors, and are protected by copyright, trademark and other laws.
17.2 Subject to your compliance with these Terms, you receive only a limited, revocable, non-exclusive and non-transferable right to access and use the Platform for lawful browsing, booking or listing purposes.
17.3 You may not copy, reproduce, republish, sell, scrape, mirror, modify, translate, reverse-engineer, distribute, or commercially exploit any part of the Platform, its data or its technology without our prior written permission. Unauthorised use may result in immediate termination of your account and appropriate civil and criminal action.
17.4 All third-party trademarks and trade names appearing on the Platform remain the property of their respective owners.
18. Privacy and Data Protection
18.1 PaulStays collects and processes personal information in accordance with the PaulStays Privacy Policy, the Information Technology Act, 2000 and the rules made under it, and the Digital Personal Data Protection Act, 2023, as applicable.
18.2 By using the Platform, you consent to the collection, storage, processing and use of your information for account creation, enquiry handling, booking, payment processing, Host and Guest communication, customer support, verification, safety, fraud prevention, legal compliance, service improvement and, subject to your preferences, marketing communication.
18.3 Hosts and Guests must not misuse any personal information received through the Platform. Contact details, identity documents, booking information and guest records may be used only for the purpose of the relevant Stay and for compliance with Applicable Law, and must be kept secure and confidential. Any unauthorised retention, disclosure, sale or misuse of such information is a serious breach of these Terms and may attract liability under Applicable Law.
19. Communications and Marketing
19.1 By using the Platform, you agree that PaulStays may contact you by telephone, SMS, WhatsApp, email, in-app notification or other channels for booking updates, verification, payment reminders, support, itinerary sharing, service-related communication and, subject to your preferences, promotional offers.
19.2 You may opt out of promotional communication using the unsubscribe or opt-out mechanism provided, or by writing to support@paulstays.com. Transactional, booking-related, safety-related and legally required communications will continue regardless of any marketing opt-out, as they are necessary to the performance of your Booking.
20. Third-Party Websites, Tools and Services
20.1 The Platform may contain links to, or integrate with, third-party websites, maps, payment gateways, social media platforms, messaging tools, analytics tools, travel services or external vendors.
20.2 PaulStays does not control these third parties and is not responsible for their content, accuracy, availability, uptime, privacy practices, payment processing, service quality or terms. Your use of any third-party service is at your own risk and is governed by that third party’s own terms and policies, which we recommend you review.
21. Platform Availability and Technical Matters
21.1 PaulStays will make reasonable efforts to keep the Platform available and functional. We do not, however, warrant uninterrupted, timely, secure, error-free or virus-free access.
21.2 The Platform may be unavailable owing to maintenance, upgrades, cyber incidents, server or hosting failure, payment gateway issues, internet or telecom disruption, force majeure or other causes beyond our reasonable control.
21.3 PaulStays may modify, suspend, discontinue or restrict any feature of the Platform at any time, with or without notice, and without liability.
22. Disclaimers
22.1 The Platform and all Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by Applicable Law, PaulStays disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy and non-infringement.
22.2 Without limiting the foregoing, PaulStays does not guarantee:
- that every Listing will be fully accurate and current at all times;
- that a Stay will meet every subjective expectation, taste or preference of a Guest;
- that any Host, Guest, driver, guide or vendor will behave in any particular manner;
- that local roads, weather, permits, mobile networks, electricity, water, food, transport or government rules will remain unchanged;
- that a particular property will remain available after an enquiry unless it has been confirmed and paid for;
- that the Platform will always be free from technical error, interruption or downtime; or
- that any third-party service will be uninterrupted, safe or error-free.
22.3 Photographs on the Platform may be representative. Actual rooms, views, furniture, interiors, lighting, weather, surroundings, greenery and amenities may differ to some degree owing to season, maintenance, renovation, local conditions or property updates. Material misrepresentation by a Host is a breach of these Terms and should be reported to us promptly.
22.4 As an intermediary, PaulStays makes no warranty regarding the safety, habitability, structural condition, hygiene or legal compliance of any Stay, all of which remain the responsibility of the Host.
23. Limitation of Liability
23.1 To the maximum extent permitted by Applicable Law, neither PaulStays, nor BREAKBAG HOLIDAYS PRIVATE LIMITED, nor its Personnel shall be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including loss of profit, loss of data, loss of business or goodwill, emotional distress, travel disappointment, missed plans, missed connections or reputational harm.
23.2 Without limiting the foregoing, PaulStays shall not be liable for:
- the acts, omissions, negligence, delay or misconduct of any Host, Guest, driver, guide, vendor, community partner or other third party;
- property damage, theft, personal injury, illness or death, except where directly caused by the proven negligence of PaulStays;
- inaccurate, incomplete or misleading information supplied by a Host or any other User;
- denial of check-in owing to a Guest’s failure to produce valid identification, guest misconduct, or breach of disclosed house rules;
- roadblocks, landslides, weather events, political disturbance, strikes or bandhs, border closures, permit denial, government orders or other local restrictions;
- payment gateway failure, bank delay, failed transaction, chargeback or reversal; or
- any Loss arising from an off-platform payment or a direct arrangement made between a Guest and a Host outside the Platform.
23.3 Where liability cannot lawfully be excluded, the total aggregate liability of PaulStays, the Company and its Personnel to any User for all claims arising out of or relating to these Terms, the Platform or any Booking — whether in contract, tort, statute or otherwise — shall not exceed the total Service Fee actually received and retained by PaulStays in respect of the specific Booking that is the subject of the claim.
23.4 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including any right available to a consumer under the Consumer Protection Act, 2019.
24. Indemnity
24.1 You agree to indemnify, defend and hold harmless PaulStays, BREAKBAG HOLIDAYS PRIVATE LIMITED and its Personnel from and against any and all Losses arising out of or in connection with:
- your breach of these Terms or of any policy forming part of them;
- your violation of Applicable Law;
- your misuse of the Platform;
- any false, misleading or incomplete information provided by you;
- any damage or injury caused by you to any property or person;
- your interaction, dealing or dispute with any Guest, Host or third party;
- your Content, images, reviews or Listing information;
- your tax, permit, licensing or regulatory non-compliance; or
- any off-platform transaction initiated by you.
24.2 PaulStays will notify you of any claim to which this indemnity applies. You agree to provide reasonable assistance at your own cost, and PaulStays reserves the right to assume the exclusive defence and control of any such matter, in which case you agree to cooperate fully.
25. Suspension and Termination
25.1 PaulStays may suspend, restrict or terminate your account, Booking, Listing or access to the Platform, with or without prior notice, where we reasonably believe that you have:
- violated these Terms or any policy forming part of them;
- provided false, forged or misleading information;
- engaged in fraud, misconduct, abuse, harassment or illegal activity;
- created a safety risk or caused reputational harm to PaulStays or its community;
- failed to make a payment when due;
- attempted to bypass the Platform to avoid Service Fees;
- repeatedly received serious or substantiated complaints; or
- breached any Host Agreement, Guest Terms or booking policy.
25.2 You may close your account at any time using the account-closure feature or by writing to support@paulstays.com. On closure, active Listings will be removed and any pending Bookings will be handled in accordance with the Cancellation and Refund Policy.
25.3 Termination shall not affect any accrued right, liability, payment obligation, refund obligation, indemnity or dispute claim. Provisions which by their nature are intended to survive termination — including those relating to intellectual property, content licences, indemnity, disclaimers, limitation of liability, data protection, governing law and jurisdiction — shall continue in full force after termination.
25.4 On termination, any undisbursed amounts may be delayed or withheld pending the resolution of any dispute, damage claim, chargeback or verification requirement.
26. Force Majeure
26.1 PaulStays shall not be liable for any delay, cancellation, non-performance or service disruption caused by an event beyond its reasonable control, including natural disaster, landslide, flood, earthquake, cloudburst, fire, storm, epidemic, pandemic, road or border closure, war, terrorism, insurgency, civil unrest, strike or bandh, government order or restriction, permit revocation, internet or telecom failure, power failure, transport disruption, extreme weather, local protest or political disturbance.
26.2 In such circumstances, PaulStays may attempt to arrange an alternative Stay, a rescheduling, a credit note or a refund in accordance with the Cancellation and Refund Policy and the terms of the relevant Host or supplier. No guaranteed compensation shall be payable beyond what that policy provides or what Applicable Law requires.
27. Changes to These Terms
27.1 PaulStays may update, amend, supplement or replace these Terms at any time to reflect changes in our practices, features, or legal and regulatory requirements. The revised version will be posted on the Platform with a revised Effective Date, and where the changes are material we will endeavour to notify registered Users by email or in-app notice.
27.2 Your continued use of the Platform after the revised Effective Date constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Platform and may request closure of your account. Bookings already confirmed before a revision will continue to be governed by the Terms in force at the time of that Booking, save where a change is required by Applicable Law.
28. Grievance Redressal and Customer Support
28.1 For booking support, complaints, refund queries, property issues, content concerns or legal notices, you may contact us using the details below. We follow a three-stage escalation: first-level support, then supervisory review, and finally the Grievance Officer.
Customer Support
| support@paulstays.com | |
|---|---|
| Phone / WhatsApp | +91-7699002674 |
| Address | BREAKBAG HOLIDAYS PRIVATE LIMITED, Kolkata, West Bengal, India |
Grievance Officer (under the Information Technology Act, 2000)
| Name | Mayukh Paul |
|---|---|
| Designation | Grievance Officer, PaulStays |
| support@paulstays.com | |
| Phone | +91-7699002674 |
| Address | BREAKBAG HOLIDAYS PRIVATE LIMITED, Kolkata, West Bengal, India |
28.2 We will acknowledge every grievance within twenty-four (24) hours of receipt and will make reasonable efforts to resolve it within fifteen (15) days, or such shorter period as may be required under Applicable Law.
28.3 Before commencing any formal legal proceeding, you agree first to attempt to resolve the matter through our support and grievance mechanism in good faith.
29. Governing Law and Jurisdiction
29.1 These Terms, and all Bookings, transactions and relationships arising through the Platform, are governed by and shall be construed in accordance with the laws of India, without regard to conflict-of-law principles.
29.2 Subject to the grievance mechanism in Section 28 and to any mandatory consumer forum available to a Guest under the Consumer Protection Act, 2019, the courts at Kolkata, West Bengal, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Platform, any Listing, Booking, payment or service.
29.3 For Stays located outside India, including in Bhutan, Users must additionally comply with the local laws applicable to the property, to travel, to entry and permits, and to the stay itself. Nothing in this Section deprives a Guest of any protection afforded by the mandatory laws of the country in which the Stay is located.
30. Miscellaneous
30.1 Severability
If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
30.2 No Waiver
No failure or delay by PaulStays in exercising any right shall operate as a waiver of that right, nor shall any single or partial exercise preclude any further exercise of it or of any other right.
30.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. PaulStays may assign or transfer its rights and obligations to any group company, successor, acquirer, partner or business transferee, without notice to you.
30.4 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, employment or franchise relationship between PaulStays and any User. No User has authority to bind PaulStays in any manner.
30.5 Entire Agreement
These Terms, together with the Privacy Policy, the Cancellation and Refund Policy, the Guest Terms, the Host Agreement and the booking confirmation, constitute the entire agreement between you and PaulStays regarding your use of the Platform, and supersede all prior understandings and communications on the subject.
30.6 Language
These Terms are executed in the English language. Any translation is provided for convenience only, and in the event of any inconsistency the English version shall prevail.
