GUEST POLICY

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use.
This is the Guest Policy for ‘K Resort’, a luxury resort operated by Pixie Dust. This Guest Policy shall be read along with the Terms of Use and Privacy Policy of the Website at ‘www.kresort.in’.

GENERAL TERMS

These Terms shall continue to form a valid and binding contract between the Parties. The following general terms of conduct are applicable for all guests who visit or make bookings at K Resort for any duration:

1. Guests agree to adhere to all codes of conduct, guidelines and policies, as may be prescribed by K Resort, from time to time.

2. Guests voluntarily agrees and permits the Resort representatives to profile the guest from information that is available on the public domain to ascertain the details of the guest and render adequate hospitality services to them during their stay in the Resort.

3. Guests shall be solely responsible for bearing all charges, fees, duties, taxes and assessments that may be associated with their stay or visit to K Resort.

4. Guests undertake that they are free from any contagious diseases and epidemic diseases during their visit and stay at the Resort.

5. K Resort reserves the right to send guests away from the Resort at any time due to their conduct and behaviour or for any other safety, security or medical reasons. This applies in particular, if Guests do not observe instructions given by Resort employees, express themselves in a discriminating manner, harass or endanger other guests.

FOOD AND LIQUOR

1. K Resort has restaurants and beverage outlets on its premises itself and Guests shall adhere to any codes of conduct or guidelines individually prescribed – such as timings, dress codes, etc.

2. The Resort’s food and beverage outlets use wholesome ingredients, which may include peanuts, tree nuts, seeds, shellfish, shrimp, seafood, soy, milk, wheat, and other POTENTIAL ALLERGENS. Due to the large scale of the Resort’s food and beverage operations, the Resort CANNOT GUARANTEE that food and beverage items will not come in contact with potential allergens EVEN IF a particular dish or item does not normally include such ingredients. Guests with food allergies or dietary restrictions should TAKE PRECAUTIONS. The Resort is NOT ABLE to accommodate individually tailored meals or menus for specific guests based on their individual dietary needs. The Resort and its directors, employees, agents, insurers, and suppliers SHALL ABSOLUTELY NOT BE LIABLE for, and all Guests shall HOLD HARMLESS all such parties, from any injury, illness or loss resulting from food allergies or the Resort’s inability to meet specific dietary needs or requirements.

3. If any Guest has any allergies, sensitivities or intolerance to, but not limited to: a particular fabric, material, cleaning product or food, it is the Guest’s responsibility to advise the Resort management prior to arrival of the same.

4. K Resort undertakes no liability for the shelf life of the food which is taken away from the Resort after an event at the Resort or taken outside the Resort for private consumption.

5. Guests are not allowed to bring food and beverage from outside into the premises of K Resort or order food from outside the Resort for delivery or consumption within the Resort premises.

6. Consumption of outside liquor is strictly prohibited.

POLICY ON VALUABLES AND LOST PROPERTY

1. Management and staff at K Resort work hard to provide a safe and secure environment. We do everything possible to ensure a secure environment is maintained and we ask that our Guests do so as well. The Resort takes no responsibility for any personal possessions that are lost, stolen or misplaced whilst on the premises due to the acts and omissions of the Guests themselves.

2. Guests are advised to keep their valuables and belongings in their own custody unless the details of such valuables and/or belongings are explicitly disclosed and delivered to the Resort for safe custody. Your valuables can be stored in a safety deposit box in your room or the Resort can store your valuables upon request. The Resort is entitled to collect a charge for storage of these items, to be determined by the Resort.

3. In case the items you wish to store are exceptionally valuable, you must notify the Resort before storing. The Resort may refuse to store this kind of valuables and their word shall be final.

4. The Resort is not responsible for valuables stored in the safety deposit box provided in your room. All Guests understand and acknowledge that choosing to store valuables in the safety deposit box shall entail that they take responsibility for the valuables.

5. All the assets and valuables of the Resort should be treated with care and should not be damaged or destroyed by the Guests. The Resort has the discretion to levy any charge if it is proven beyond doubt that such damage/destruction to any asset or valuable of the Resort (both movable and immovable) have been done or caused by the Guest or a child/ward of a Guest.

6. Lost property found on the premises is lodged and kept in a secure location for a period of three (3) months. Thereafter items are either disposed of or donated to charity. The Resort accepts no responsibility for contacting individuals in relation to lost property. Perishable items retrieved from rooms after checkout are only held until close of business that day.

7. Claimed items can be collected from the Resort by Guests with valid identification, or alternatively the Resort can arrange postage on behalf of the guest at their expense. The Resort uses the service offered by Indian Post entitled Cash on Delivery (COD). The Resort accepts no responsibility for items sent via post once the item has been delivered to the local post office.

POLICY ON VEHICLES

1. The Resort contains garage facilities as well as a parking area where Guests can park their own vehicles at their own risk. Guests can make separate requests for accommodation of their drivers, subject to availability of adequate space in the designated drivers’ resting area or room.

2. The Resort is not responsible for damage or disappearance of vehicles kept in the garage or the Resort’s parking area, nor for valuables inside the vehicle. The garage and the parking area are not supervised, and Guests shall be aware that they are leaving their vehicles in those places at their own risk and responsibility.

3. Valet parking is always at the Guest’s risk and advice from the Security Team of the Resort needs to be strictly adhered with by the Guest at the time of checking in. The Resort will not be accountable for loss of any valuables from parked vehicles.

PROHIBITED ACTIVITIES

1. No gatherings and parties of any nature are allowed. The Resort reserves the right to evict any additional occupants in any room, beyond the maximum number as may be specified in the description of the room.

2. Guests will not be permitted to compromise the health, safety and security aspects of K Resort at any point of time.

3. Any Guest indulging in anything illegal as per prevailing laws will be subject to legal scrutiny and action. The Resort shall be within its rights to disclose personal information to authorities in the event of any legal action.

4. Neatness and hygiene should be adequately maintained by the Guest. The Guest should always adhere to the safety, security and hygiene advice duly provided by the Resort and should avoid breaching the same. The Guest will be solely responsible for any such violation if identified.

5. Swimming pool rules which are displayed in the premises must be strictly adhered to.

FORCE MAJEURE

We do our best to ensure reservation arrangements are satisfactory, however, the Resort does not accept any liability for any loss financial or otherwise, travel delay, injury, damage, additional expenses or inconvenience caused directly or indirectly by any events which are beyond our control. These include, but not limited to, flight delays or cancellations, civil disturbance, defects in vehicles, strikes, theft, acts of terrorism, natural disaster, war, fire, floods, natural disasters, acts of Government or of any other authorities, changes to Government regulations, accident to or failure of machinery or equipment, maintenance requirements or industrial action. Further, transport to the airport is provided as an ancillary service and the Resort is not accountable to whatsoever happens to the guests during such transits.

INDEMNITY

All Guests agree to indemnify, defend and hold harmless the Resort, its independent service providers, third party suppliers, and consultants, and their respective directors, officers, employees and agents from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with: i. The Guests’ visit or booking at the Resort;

ii. The Guests’ violation of the Terms and Conditions, Privacy Policy, Refund Policy or Guest Policy (or any other applicable policy that may arise);

iii. The Guests’ violation of any rights of another;

iv. The Guests’ conduct in connection with the Resort and its employees;

v. The Guests’ internal disputes amongst other Guests.

All Guests agree to fully cooperate in indemnifying the Resort at their sole expense. All Guests also agree not to reach a settlement with any other Guest without the consent of the Resort.

In no event shall the Resort be liable to compensate the Guest or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Resort had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Guest’s access or use of the Resort and its facilities and services.

LIMITATION OF LIABILITY

All founders and associate of the Resort are not responsible for any consequences arising out of the following events:

i. if there is undue delay or inability to communicate at the Resort due to technical failures.

ii. if there is a failure in the functioning of any other service provided by the Resort, temporarily.

Guests may be held legally responsible for damages suffered by other Guests or any third party as a result of illegal actions or inappropriate conduct and the Resort shall not be liable to bear any consequences of internal disputes between Guests. The Resort expressly excludes any liability for any loss or damage that was not reasonably foreseeable by them and which is incurred by Guests. To the fullest extent permitted by law, the Resort shall not be liable to Guests or any other party for any loss or damage, regardless of the form of action or basis of any claim. The Guests acknowledge and agree that the sole and exclusive remedy for any dispute with the Resort is to terminate the Guest’s use of the Resort.

MISCELLANEOUS PROVISIONS

a) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

b) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be disseminated immediately to all existing Guests and on the website of the Resort at www.kresort.in. Please check the latest information posted.

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