Terms and Conditions
Last updated: July 17, 2023
These Terms and Conditions ("Terms") legally govern your use of the Basiyo website and application (collectively, "the Service") and the services provided therein. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not access or use the Service.
1. Basiyo Usage:
Basiyo provides an online platform for the property owners ("Hosts") to list their properties/units like houses, rooms, flats, apartments, outdoor spaces, cabins, etc. for rent (Rentals), and travelers ("Guests") to search, book, and review the Rentals.
1.1 Eligibility:
You must be at least 18 years old to use the Service and enter into a legally binding agreement. By using the Service, you represent and warrant that you are 18 years old or older.
1.2 Account Registration:
To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials.
1.3 Prohibited Conduct:
You agree not to use the Service for any unlawful or unauthorized purposes. You must comply with all applicable laws and regulations while using the Service. You shall not engage in any activities that may interfere with the proper functioning of the Service.You also agree not to use the Service to upload, distribute, or transmit any content that is defamatory, obscene, or infringing upon the rights of others.
2. Guest Terms:
2.1 Search and Booking:
Guests can search or filter their preferred Rentals using search criteria like destination, date, amenities, number of guests, price, etc. When booking the Rentals, you agree to pay the total amount specified, including any applicable fees, taxes, and charges. Payment is processed through secure payment methods provided by the Service. Once the booking is confirmed, you will be subject to, and responsible for complying with, all terms of the booking, including without limitation, the cancellation policy, house rules, check-in, check-out time, and any other rules, standards, policies, or requirements identified in the the Rentals listing. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking the Rentals.
2.2 The Rentals Booking:
The Rentals Booking is a limited license to enter, occupy, and use the Rentals. During your stay, the Host retains the right to re-enter the Rentals to the extent that is reasonably necessary, permitted by your contract, and consistent with applicable law. The Host has the right to make you leave or impose reasonable penalties, or both in a manner consistent with applicable law if you overstay or break the rules agreed upon.
2.3 Booking Modifications:
Guests can contact Hosts directly to request any modification on booking. But we do not guarantee the changes. Also, if the modifications can be made, the Guest should be responsible for any additional charges, fees or taxes associated with the booking modifications.
2.4 Guest responsibilities:
You are responsible and liable for your own acts as well as for the acts of anyone you invite to join or provide access to any Rentals. You are responsible for leaving the Rentals in the condition it was in when you arrived, paying reasonable amounts necessary to cover damage that you or anyone accompanying you caused to the Rentals, and acting with integrity, treating others with respect, and complying with applicable laws at all times. If you are accompanied by a minor, you must be legally authorized to act on behalf and should be solely responsible for the supervision of that minor.
2.5 Cancellations, Issues and Refunds:
If the Guest initiates a booking cancellation, the cancellation policy determines the amount refunded to you. If unforeseen events beyond your control forces you to cancel a booking, you may be eligible for a partial or full refund. If the Host cancels, you may be eligible for rebooking assistance or a partial or full refund. See Refund Policy (Section 10) for details about what is covered, and what refund applies in different situations.
3. Host Terms:
3.1 Rentals Listings:
Hosts can use the Service to set up and manage the Rentals. Your Rentals must include complete and accurate information about your property, your price, additional charges, any rules or requirements for the Guests. You are responsible for keeping your Rental information, calendar availability, and content (like photos) up-to-date and accurate at all times.
3.2 Host Responsibilities:
You must mention any and all fees and charges in the Rental descriptions and should not collect any additional fees or charges outside the Service except those expressly authorized by the Service. Furthermore, you are responsible for setting price, rules and policies for your Rentals. Do not take actions outside the Service including, but not limited to, asking for Guests contact information, requesting to submit reviews, etc.
3.3 Legal Obligations:
Check your local law and regulations and understand what rules apply to renting out your property. As a Hosts, you are responsible for understanding and complying with any local laws, rules, and regulations. For example, Hosts might have to register or get a permit before listing your Rentals and hosting Guests from the local government. In some places, the law may require you to register Guests who stay at your Rentals or obtain a copy of their government identity. Furthermore, you are responsible for handling and using personal data of Guests in compliance with applicable privacy laws and including our Privacy policy.
3.4 Booking Contract:
Once you accept the booking request, you automatically enter into the Booking Contract with the Guests, and you are obligated to host the Guests under the terms and the price specified in the Rental description. However, Basiyo does not direct or control your Host service and you have complete discretion on how, when, and what price to host the Rental on.
4. Disputes and Liability:
4.1 Disputes between Guests and Hosts:
Any disputes or disagreements between guests and hosts should be resolved directly between them. We are not responsible for any disputes arising from bookings made through the Service.
4.2 Limitation of Liability:
To the extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use of the Service or any transactions made through it.
4.3 Indemnification:
You agree to indemnify and hold us harmless from any claims, damages, losses, or liabilities arising out of your use of the Service, violation of this Agreement, or infringement of any rights of a third party.
5. Reviews:
After checking-out, Guests can review the Rentals while Hosts can review Guests. Your reviews must be accurate, and may not contain offensive, derogatory, explicit, and discriminatory language. Basiyo will not verify the reviews for accuracy and may be incorrect or misleading.
6. Content:
While using the Service, users (Guests and Hosts) provide text, photos, information, and other content (collectively, “Content”). Content must not be discriminatory, obscene, harassing, deceptive, violent, and illegal. By using the Service, you grant Basiyo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, the Content, in whatever form and through whatever means, without limitation. The user of personal information is governed by our Privacy Policy. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Basiyo the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
7. Fees:
By using the Service, Hosts and Guests agree that Basiyo may charge fees for the right to use the Service. Except as otherwise provided, service fees are non-refundable. Basiyo reserves the right to change the service fees at any time, and will provide notice of any fee changes before they become effective. If you disagree with a fee change you may terminate this agreement at any time.
8. Privacy
We value your privacy and will handle your personal information in accordance with our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
9. Modifications and Termination:
We reserve the right to modify or terminate the Service or this Agreement at any time by providing prior notice via the contact information provided in your account or without notice if you breach these terms. You may terminate this agreement at any time by sending us an email or by deleting your account. Any modifications to this Agreement will be effective upon posting. Your continued use of the Service after any modifications constitutes your acceptance of the revised Agreement.
10. Refund Policy:
Refund policy explains how we handle refunds when a Hosts cancels a reservation or unforeseen circumstances disrupts a stay.
10.1 Host Cancels the Booking:
If a Host cancels a booking prior to check-in, their Guests will automatically receive a full refund. If Hosts cancel 30 days or more prior to check-in, the Guest can contact Basiyo and we will assist in finding a replacement accommodation.
10.2 Unforeseen Circumstances Cancellation:
Guests that are impacted by an unforeseen event can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are impacted can cancel without consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the canceled reservation. The unforeseen events refers to the following situations:
10.3 Refund Claims:
Eligible Hosts or Guests may submit a rebooking assistance or a refund, by contacting us. Claims must be made to us no later than 72 hours after discovery of the Issue and with the relevant supporting evidence such as photographs or confirmation of the conditions by the Host. Basiyo holds the right to determine whether an Issue has occurred by evaluating available evidence.
11. Intellectual Property:
The Service and its original content, features, and functionality are owned by Basiyo and protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on the Service without explicit written permission from Basiyo.
12. Governing Law and Jurisdiction:
These Terms of Service shall be governed by and construed in accordance with the laws of Nepal. Any disputes arising out of or relating to these terms shall be exclusively resolved by the courts of Nepal.
13. Severability:
If any provision of these Terms of Service is found to be unenforceable or invalid under any applicable law, such provision shall be deemed to be severed from these terms, and the remaining provisions shall remain in full force and effect.
These Terms of Service constitute the entire agreement between you and Basiyo regarding the use of the Service and supersede any prior agreements or understandings, whether written or oral.
