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Terms & Conditions

Last Updated: July 26, 2026

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the websites (openstays.org, openstays.in), mobile applications (when launched), WhatsApp AI booking agent, voice AI agents, booking engine, and any related services (collectively, the “Platform”) operated by OpenStays Private Limited (“OpenStays”, “we”, “us”, or “our”), a company incorporated under the laws of India with its registered office in Bengaluru, Karnataka, India

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our separate Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Platform.

These Terms constitute an electronic record under the Information Technology Act, 2000 (as amended) and are compliant with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the rules framed thereunder.

2. Definitions

  • “Data Principal” means the individual to whom the Personal Data relates (primarily Guests). 
  • “Guest” means any person making inquiries, bookings, or using the Platform for accommodation services. 
  • “Host” means property owners, managers or operators of accommodation units who use the Platform for booking management. 
  • “Partner” means any authorized third-party travel agent, affiliate, integrated AI agent, or other approved service provider who integrates with or uses the Platform to facilitate bookings, inquiries, or related services on behalf of Hosts or Guests. 
  • “Personal Data” has the meaning assigned under the DPDP Act. 
  • “Platform” includes the website, mobile app, WhatsApp and voice AI agents, booking engine, and all associated tools.

3. Eligibility and Account Registration

You must be at least 18 years of age (or have the consent of a parent/guardian) to use the Platform. Hosts and Partners represent that they have the legal authority to manage or facilitate the listed properties and bookings.

To use certain features, you must create an account. You agree to provide accurate, complete, and up-to-date information and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Partners may be granted additional or restricted access under separate partner agreements, which are incorporated into these Terms.

4. Our Services

The Platform provides an AI-powered vertical infrastructure for Indian stays, including:

  • Booking management, calendar, rates, and dynamic pricing.
  • WhatsApp AI and multilingual voice AI agents for end-to-end reservations.
  • Identity management (OCR-based Guest ID collection and storage with consent).
  • CRM storing Guest preferences.
  • Direct payment facilitation (payments flow directly to Hosts).
  • Google Hotels integration, iCal sync, compliance tools (including Form C for foreigners), and auditable logs.
  • Integration with approved Partners (such as travel agents and other AI agents) to enable seamless booking distribution, inquiries, and service facilitation.
  • Other features as described on the Platform or in our communications.

We act as a technology service provider facilitating direct bookings and do not operate as an e-commerce marketplace or collect commissions on bookings. Partners use the Platform subject to these Terms and any applicable partner-specific addendums.

5. Privacy and Data Protection

Our Privacy Policy (available on the Platform) explains in detail how we collect, use, process, disclose, store, and protect Personal Data, including consent mechanisms, your rights as a Data Principal under the DPDP Act, data sharing practices, retention periods, and security measures. The Privacy Policy is incorporated into these Terms by reference and forms an integral part of your agreement with us.

By using the Platform (including through WhatsApp, voice AI agents, or any Partner), you consent to the processing of your Personal Data as described in the Privacy Policy. Specific explicit consents are obtained where required (e.g., for reuse of Guest ID across properties or sharing with Partners).

We fully comply with the DPDP Act. Please note the following key points:

  • Regulatory Retention: Certain Personal Data, particularly Guest identity information, booking records, and compliance-related data (e.g., for Form C filing, police verification, or other statutory hospitality and tourism requirements), may be retained for the period mandated by applicable laws and regulations, even after a request for erasure.
  • Data Sharing: Personal Data may be shared with Hosts, approved Partners, service providers, and regulatory authorities as necessary to provide the services and fulfil legal obligations, subject to the Privacy Policy and contractual safeguards.
  • Your Rights: You may exercise your DPDP Act rights (including access, correction, erasure — subject to legal retention obligations — nomination, and withdrawal of consent) by contacting us at [email protected].
  • Grievance Redressal: We have appointed a Grievance Officer. Any data protection or service-related grievance may be raised at [email protected]. The Officer will acknowledge and resolve the grievance within the timelines prescribed under the DPDP Act.

For complete details on data processing, please refer to our Privacy Policy.

6. User Obligations and Prohibited Conduct

You agree not to:

  • Provide false or misleading information.
  • Use the Platform for any illegal purpose or to violate any applicable law.
  • Attempt to reverse-engineer, copy, or interfere with the AI agents or Platform technology.
  • Send unsolicited messages or misuse WhatsApp/voice AI features.
  • Circumvent any security or access controls.

Partners accessing or integrating with the Platform additionally agree to comply with these Terms, any partner-specific agreements, and all applicable laws. Hosts and Partners must maintain accurate listings, calendars, rates, and honour confirmed bookings.

7. Intellectual Property

All content, technology, AI models, logos, and materials on the Platform are owned by or licensed to OpenStays and protected by intellectual property laws. You (including Partners) are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose.

You grant us a royalty-free, worldwide licence to use any content you upload (property details, preferences, etc.) solely to provide the services.

8. Payments and Fees

Payments for stays are processed directly between Guest and Host via supported gateways. OpenStays is not a party to the payment transaction and does not hold funds in escrow. No commission is ever charged on actual booking. OpenStays does not collect or remit GST on booking transactions, as it facilitates direct payments and is not classified as an e-commerce operator under the GST Act for this purpose. Properties that are GST-registered must independently comply with GST obligations.

Refunds are governed by the individual property’s cancellation policy. OpenStays does not guarantee refunds and is not liable for disputes between Guests and Property Owners regarding payments.

Hosts and partners access to the platform is subjects to payment of following fees:

  • Platform Subscription: As published on the Pricing Page.
  • Communication Credits: Charged as per published rates on Pricing Page for WhatsApp & Voice communications.

9. Third-Party Services

The Platform integrates with third-party services (WhatsApp, Google, payment gateways, Partners, etc.). Their terms and privacy policies apply to your use of those services. We are not responsible for their acts or omissions.

10. Disclaimers and Warranties

The Platform is provided “as is” and “as available” without any warranties, express or implied. We do not guarantee uninterrupted availability, absolute accuracy of AI agents, or specific booking outcomes. Dynamic pricing and recommendations are for guidance only.

11. Limitation of Liability

To the maximum extent permitted by law, OpenStays shall not be liable for any indirect, incidental, consequential, special, or punitive damages. Our total liability shall not exceed the fees paid by you in the twelve months preceding the claim (or ₹10,000 if no fees were paid).

12. Indemnification

You agree to indemnify, defend, and hold harmless OpenStays, its directors, officers, employees, and agents from any claims, losses, or damages arising from your (or your Partner’s) breach of these Terms, misuse of the Platform, or violation of applicable laws.

13. Termination

We may suspend or terminate your access to the Platform at any time for violation of these Terms, non-payment, or legal requirements, with or without notice. Upon termination, your rights to use the Platform cease, but certain obligations (including data protection and retention) survive.

14. Changes to Terms

We may update these Terms from time to time. Continued use after changes constitutes acceptance of the revised Terms. We recommend reviewing the Privacy Policy periodically as well.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

16. Miscellaneous

  • If any provision is held invalid, the remainder remains in force.
  • These Terms (together with the Privacy Policy) constitute the entire agreement between you and OpenStays regarding the Platform.
  • No waiver of any breach shall constitute a waiver of any other breach.

17. Contact Us

For any queries regarding these Terms: [email protected]
For Privacy Policy or DPDP-related matters: [email protected]
For grievances: [email protected]
Address: OpenStays Private Limited, No. 3985, 3rd Floor, 80 Feet Road, 4th Phase Girinagar, Bengaluru, Karnataka, India – 560085

Thank you for choosing OpenStays. We are committed to transparent, compliant, and user-centric service.

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