Terms & Conditions (Guest)
Last Updated: 30th May 2020
These Terms constitute a legally binding agreement ("Agreement") between you and Thaktechai (as defined below) governing your access to and use of the Thaktechai website, including any subdomains thereof, and use of the Thaktechai facebook, twitter, linkedin official page, and any other websites through which Thaktechai makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Thaktechai Services"). The Site, Application and Thaktechai Services together are hereinafter collectively referred to as the “Thaktechai Platform”.
When these Terms mention “Thaktechai,” “we,” “us,” or “our,” it refers to Thaktechai, bearing trade license no: 108948, 261, primary School Road, Ibrahimpur, Dhaka you are contracting with. Irrespective of your nationality, if you are going to reside in Bangladesh through using this platform, you are contracting with Thaktechai, bearing trade license no: 108948, 261, primary School Road, Ibrahimpur, Dhaka.
When these Terms mention “You,” “Guest” “Member” it refers to Any person registered with the Thaktechai platform with an intention to stay at an accommodation or premises offered by the Host.
DEFINITIONS AND INTERPRETATION
The Thaktechai Platform is an online marketplace that enables registered (“Members”) and (“Host”) to get engaged in an accommodation contract.
“Company” A business entity herein after referred to as “Thaktechai”
“Member/Guest/You” Any person who registers at Thaktechai Platform following Guest sign up process, Any person who sends booking request to any Thaktechai Host using Thaktechai platform, Any person who booked Thaktechai Host accommodation for stay via Thaktechai platform by his/her registered and verified Thaktechai Guest account and any other person who shall accompany that person during the stay at host accommodation or any person who stays at Thaktechai Host accommodation using or showing Confirmed Booking via other person’s registered and verified Thaktechai Guest account i.e family member, friend, colleague, business partner, relative etc.
“Host” A person or entity who offers Host services through using Thaktechai Platform by his/her registered and verified Thaktechai Host account to the Members and third parties or a person who offers Host services by using other person’s registered and verified Thaktechai Host account shall be regarded as (“Host”)
“Host Services” Host Services shall be any service offered by the Host using the Thaktechai Platform. Host Services may include the offering of properties for uses like staying, vacation making ("Accommodations") etc., single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
“Listings” Publishing any such Host Services on the Thaktechai Platform shall be regarding as (“Listings”).
“Thaktechai Platform” The website application, mobile application, video, phone call, SMS, any other media communication, any software application, any joint collaboration platform with other business partner and other Thaktechai Services together are herein after collectively referred to as the “Thaktechai Platform”.
“Thaktechai Services” Any services offered by the company to the Guests through using Thaktechai Platform.
“Offer” Listing Accommodations, Communicating, publishing and transacting directly or indirectly with the Members those who shall seek to book a Host Services shall amount to a unilateral offer by the Host to the Guests/Members and once the Host accepts the request/booking placed by the guest using the Thaktechai Platform shall create a binding contract between the guest and the host.
“Accommodations” Any room, group of rooms, or building in which someone may live or stay for any given time.
It is agreed by the host that the Host Services may include the offering of properties for uses like staying, vacation making ("Accommodations") etc, single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
“Acceptance” Any Guest/Member booking or accepting any Host Services listed by the Host on Thaktechai Platform shall amount to an immediate acceptance by the Guest at the discretion of the Host.
“Terms and Conditions” The legal agreement mentioning the required terms and conditions as stated in this agreement as shall be valid between the Company (Thaktechai) and the Guest who shall use the services offered by the company upon being registered with Thaktechai Platform as the Guest.
“Governing Laws” This Terms and Conditions shall be governed by the laws of Bangladesh.
“Dispute Resolution” The Guest acknowledges that any dispute arising out this Terms and Conditions shall be mutually settled through informal mediation followed by Arbitration as per Arbitration Act 2001 (BD) being the sole method to resolve any dispute. The Guest further acknowledges that any decision from the Arbitration board shall be regarded as final decision to resolve any disputes and the Guest further acknowledges that the Guest shall be barred from any litigation other than arbitration as per the Dispute Resolution Clause of this Terms and Conditions as mentioned below.
“Pending Booking Request” Booking request sent by guest to host but not yet accepted by host, or not yet canceled by host or guest
“Approved Booking Request” Booking request sent by guest that has been accepted by host
“Confirmed Booking” Booking request sent by guest that has been accepted by host and advance payment has already been paid by guest
PLEASE READ IT CAREFULLY. By using this Service, the “Guest” agree that they have read, understood, accepted and agreed with the Terms and Conditions stated in this agreement. The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between the Guest and Thaktechai, bearing trade license no: 108948, 261, primary School Road, Ibrahimpur, Dhaka.
Guests acknowledge that guests alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. Additionally, Guests are alone responsible for identifying and obtaining any required licenses, permits, or registrations to avail any Host Services they are offered by the host through Thaktechai Platform.
1. Scope of Thaktechai Services
The company is a technology company that does not provide or engage in accommodation providing services and the company is not an accommodation/housing dealer or intermediary. The software and the application are intended to be used for facilitating the guest (as accommodation user) to avail the service from the “Host” for accommodation. The company is not responsible or liable for the acts and/or omissions with regard to any services the guest may receive from the hosts, and for any illegal action committed by the guest or host. The Guests acknowledges that they shall, at all time, not claim or cause any person to misunderstand that the guest are the client, customer, agent, employee or staff of the company, and the services rendered to the guest is not, in anyway, be deemed as services of the company.
1.1 As the provider of the Thaktechai Platform, Thaktechai does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services. Guests alone are responsible for availing and taking the Host Services from Hosts. Guest further acknowledges that when Members (Guests) make or accept a booking offered by the Hosts through Thaktechai Platform, they are entering into a contract directly with each other. The parties that Thaktechai shall not be the party to the contract to enforce any part of the contract as such there shall be no contractual relationship between the Guests and the Host. Thaktechai doesn’t act as an agent in any capacity for any party to this contractual engagement.
The company may help to facilitate the disputes resolution process which shall be totally at the sole discretion of the Company. The Guest acknowledges that Thaktechai has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Host or third party. Any references to a Host being "verified" (or similar language) shall only indicate that the Host has completed a relevant verification or identification process without adding any further commitment from the company. The Guest understand and acknowledges that any such description is not an endorsement, certification or guarantee by the company about any Host, including of the Host's identity or background or whether the Host is trustworthy, safe or suitable. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by the Company of any Host or Listing.
To promote the Thaktechai Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Thaktechai cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Thaktechai Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and no infringement.
1.4 The Thaktechai Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Thaktechai is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Thaktechai of such Third-Party Services.
1.5 Due to the nature of the Internet, Thaktechai shall not guarantee the continuous and uninterrupted availability and accessibility of the Thaktechai Platform. Thaktechai may restrict the availability of the Thaktechai Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Thaktechai Platform. Thaktechai shall have the absolute rights and control to improve, enhance and modify the Thaktechai Platform and introduce new Thaktechai Services from time to time.
2. Eligibility, Using the Thaktechai Platform, Member Verification
2.1 By accessing or using the Thaktechai Platform the guest represents and warrants that the guest is 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Thaktechai may make the access to and use of the Thaktechai Platform, or certain areas or features of the Thaktechai Platform, subject to certain conditions or requirements as shall be adhered to by the Guest, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.3 User verification on the Internet is not guaranteed to any third-party and the company shall not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, the company may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where the company has sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in the Guest’s local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Thaktechai Platform may be subject to separate policies, standards or guidelines, or may require that the guest accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Thaktechai Platform, the latter terms and conditions shall take precedence with respect to the guest access to or use of that area or feature, unless specified otherwise.
2.5 To make
the guest account verified: The Member shall require to submit their valid
Identity Card (NID) or passport picture, valid National Identity Card (NID) or passport
number that must match with valid National Identity Card
(NID)/Passport picture’s given number, profile
photo that must match with valid National Identity Card
(NID)/Passport picture’s given photo, name that must match with
the valid National Identity Card (NID)/Passport picture’s given
name to get accepted as a verified member of the Thaktechai
Platform. Notarized documents for address
verification, marriage certificate, police clearance or any other documents for screening
purpose to get accepted as a verified member of the Thaktechai Platform may be asked by the
Thaktechai team on case by case basis. The company shall review that documents and confirm
the member as a verified member of the platform to be eligible to order any booking.
As such Guest shall upload valid NID/Passport picture at Thaktechai guest account to make his/her profile verified before sending booking request. The photo in the valid NID/Passport must match with the profile picture given in Thaktechai account, the guest profile name must match with the uploaded valid NID/Passport name and the given valid NID/Passport number must match with the uploaded valid NID/Passport number. Thaktechai shall not process booking request if the guest profile is not verified.
2.6 The Guest further understands and acknowledges that the guest shall not be able to change the Name, NID/passport number, profile picture or upload new NID/passport document in their profile if there’s any of the following event in his/her Thaktechai account:
- a. Pending booking request (booking request sent by guest to host but not yet accepted by host, or not yet canceled by host or guest)
- b. Approved booking request (booking request sent by guest that has been accepted by host)
- c. Confirmed Booking (booking request sent by guest that has been accepted by host and advance payment has already been paid by guest)
2.7 The Guest understands and acknowledges that once the account is verified after registration, changing profile name, NID/passport number, profile picture or upload new NID/passport document by guest shall instantly turn his/her account with Thaktechai platform unverified.
2.8 The Guest understands and acknowledges that once the account is verified after registration, guest shall not be able to change profile name, NID/passport number, profile picture or upload new NID/passport document before the stated check out time plus fifteen days is over for all “pending booking request”/”approved booking request”/”confirmed booking” in his guest account.
2.9 The Guest must communicate with the Support Center for any changes on the above-mentioned information to get his/her Account verified again.
2.10 The company shall verify the account again within 14 days of any communication to that effect unless informed otherwise by the company.
2.11 By submitting the Guest’s information, the Guest consent to the use of that information as has been set out in the form of submission and in this Agreement. The guest understand and acknowledged that all the information submitted to this platform for verification purpose is true and the company shall be entitled to bring any lawsuit or terminate the account without notice for any false information.
3. Modification of these Terms
Thaktechai reserves the right to modify these Terms at any time in accordance with this provision. If the company make changes to these Terms, it shall post the revised Terms on the Thaktechai Platform and update the “Last Updated” date at the top of these Terms. If the Guest disagree with the revised Terms, the Guest may terminate this Agreement with immediate effect. If the Guest do not terminate this Agreement before the date the revised Terms become effective, the continued access to or use of the Thaktechai Platform by the Guest shall constitute acceptance of the revised Terms.
4. Service Fees and Payment
4.1 Thaktechai may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Thaktechai Platform.
4.2 Any applicable Service Fees (including any applicable Taxes) will be communicated with Hosts or Guests by written or oral communication. Thaktechai reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
4.3 The guest shall be responsible for paying any Service Fees that the guest owes to Thaktechai or Host even if this contract is terminated without notice due to the fault of the Guest.
4.4 The Guest acknowledges that if the Service Fee Payable to the Company reaches a maximum threshold set by the company (“Service Fee Threshold”), the Guest shall, on their own accord, deposit the Service Fee for the day in favor of the Company in such method, and to such person, as determined by the Company from time to time. The Guest understand and accepts that the Guest shall be barred from the use of the services from Thaktechai Platform if it fails to comply with the aforesaid requirement. This restriction shall be applicable until the due compliance is made regarding the concerned matter. The company shall have the absolute rights to take any decision even if the due payment is made by the defaulted Guest.
4.5 The Company may, at its sole discretion, make promotional offers with different features and different rates, whereby the Guest acknowledges that these promotional offers shall accordingly binding and immediately accepted by the Guest. The Guest further acknowledges that the Company shall have the absolute rights to determine or change the Service Fee as the Company deems fit in its absolute discretion as necessary or appropriate for the business at any given time.
4.6 The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Members or Guest to be in breach of the Terms and Conditions between the Guest or Members and the Company. In such an event, the Guest hereby indemnify the Company from any liability for any withholding of, delay in, suspension of or cancellation of, any payment to the Guest.
4.7 The guest agrees that the guest shall cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations for the time being in force.
5. Personal Data Policy
The guest agrees and gives full consents to the Company using and processing the guest’s Personal Data for the Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal Data” means information about the guest, from which the guest are identifiable, including but not limited to the guest name, national identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about the guest which the guest have provided to the Company in registration forms, application forms or any other similar forms and/or any information about the guest that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of the Guest’s Personal Data shall be deemed as voluntary in nature. However, the Guest acknowledges that if the Guest fails to provide the Company the Guest’s Personal Data, the Guest’s request for the Application with Thaktechai Platform shall be regarded as incomplete and the Company shall not process the Guest’s Personal Data for the Purposes as has been outlined below. The Guest further acknowledges that the failure to provide the required personal data may entitle the Company to bar the Guest from using any particular or all the technology services offered by the Thaktechai Platform at any given time.
The Guest acknowledges that the Company may use and process the Guest’s Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
- To perform the Company’s obligations in respect of any contract entered into with the Guest;
- To provide the Guest with any services pursuant to the Terms and Conditions herein;
- To process the Guest’s participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with the Guest regarding the Guest’s attendance thereto;
- Process, manage or verify the Guest’s application for the Service pursuant to the Terms and Conditions herein;
- To validate and/or process payments pursuant to the Terms and Conditions herein;
- To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet the Guest’s needs;
- To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
- To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
- To respond to questions, comments and feedback from the Guest;
- To communicate with the Guest for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send the Guest alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
- To notify and invite the Guest to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
- To share the Guest’s Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with the Guest for any reasons whatsoever. If the Guest do not consent to the Company processing the Guest’ Personal Data for any of the Purposes, please notify the Company using the support contact details as shall be published on the website.
6. Ratings and Reviews
6.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Thaktechai. Ratings and Reviews are not verified by Thaktechai for accuracy and may be incorrect or misleading.
6.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.
6.3 The Guest acknowledges that the Guest are strictly prohibited from manipulating the Ratings and Reviews system in any manner, i.e. instructing a third party to write a positive or negative Review about another Host/Guest. Such suspicious act shall be regarded as fraud, once proven, by such party and the company shall be entitled to take any decision or legal action against such party.
7. Limitations of Liability
In no event will Thaktechai, or its parent company, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “company”), or any third-party provider of a service or tool offered on any site of a partner of the company (each a “third-party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the site, tools or services the company provides, or any third party provider provides, related to the business the company operates on the site (e) any user-contributed content, (f) interaction between our site and any third party site, including without limitation a social media site, facilitated by a tool or service on our site and/or (g) any actual or attempted communication or transaction, including without limitation, any payment transaction (even if we or any third party provider receives a fee in connection therewith). These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided "as is." to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained on the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. You acknowledge and agree that any transmission to and from this site is not confidential and your communications or user-contributed content may be read or intercepted by others. You further acknowledge and agree that by submitting communications or user-contributed content to us and by posting information on the site, including property listings, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.
You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that the company is not a party to any rental transaction or other transaction between guest and host or any other third party who is using this site for their business. The company has no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the site) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the site.
Guest further acknowledges that by displaying information or Booking for Accommodation or tour in particular destinations, the company does not represent or warrant that travel to such destinations is without risk and are not liable for damages with respect to travel to any destination or to stay at that place.
9. Release; Indemnification
9.1 In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction or user-contributed content) or any third party provider or any third party website that may be linked to or from or otherwise interact with the site, including without limitation any social media site, you hereby agree to release, remise and forever discharge the Thaktechai platform, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the site.
9.2 THE GUEST FURTHER INDEMNIFIES THE COMPANY FROM ANY LIABILITY WHATSOEVER ARISING OUT OF THE UNPRECENDENTED INCIDENT BETWEEN THE GUEST AND THE HOST OR ANY SERVICE PROVIDER YOU GOT ENGAGED WITH THROUGH USING THAKTECHAI PLATFORM. If any illegal activity occurs during the stay of the Guest at Host accommodation, necessary actions shall be taken by proper authority according to Bangladesh law. In no event whatsoever, shall the company be held responsible or liable, in any manner whatsoever, for criminal investigation by police or other law enforcement authorities, for the Host’s actions or inactions nor the actions or inactions of Guest.
9.3 IF THE GUEST IS DISSATISFIED WITH THE SITE, OR DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE FROM THAT MOMENT.
9.4 THE COMPANY SHALL RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
9.5 The Guest acknowledges that for any criminal activity occurred during the stay at the Host’ Premises or Accommodation, Thaktechai shall not be liable as the platform provider. Any dispute that is criminal in nature, the victim shall be responsible to go to nearest law enforcement authority and seek for the legal remedy by himself/herself. The guest further acknowledge that the guest shall inform the Thaktechai Dispute Resolution Center regarding the matter after filing the dispute with the nearest police station & other concerned authorities.
10.1 The guest understands that governmental agency, department and/or authority ("Tax Authority") may require Taxes & VAT to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. These Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes") or any Tax what shall be reasonably applicable to address the tax compliance.
10.2 Thaktechai may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, if such jurisdiction asserts Thaktechai or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, the guest hereby instruct and authorize Thaktechai to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Thaktechai shall be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Thaktechai is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Thaktechai relating to their Accommodations in that jurisdiction.
10.3 The guest agrees that any claim or cause of action relating to Thaktechai's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Thaktechai in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from the guest in the event that the Taxes collected and/or remitted are insufficient to fully discharge the guest obligations to the Tax Authority, and agree that the guest’s sole remedy for Taxes collected is a refund of Taxes collected by Thaktechai from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
10.4 Thaktechai reserves the right, with prior notice to the guest, to cease the Collection and Remittance for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
11. Payment, Booking, Booking Modifications, Cancellations and Refunds
11.1 The Guest must pay 20% advance on the total tariff of stay for booking confirmation or Confirmed Booking via Thaktechai platform. If the Guest doesn’t pay advance via Thaktechai platform and don’t generate and cannot show any booking confirmation or Confirmed Booking document from Thaktechai platform, it will not be considered as Confirmed Booking via Thaktechai platform and Thaktechai will not take any responsibility even if any person registered as Guest in Thaktechai platform personally communicates with any Host of Thaktechai platform and stays in his/her accommodation by mutual personal agreement. The guest must pay the remaining tariff of stay at the accommodation directly to host before check in. Any change of stay time after check in should be mutually discussed between the guest and the host. Thaktechai shall not take any responsibility for change of stay time at the accommodation or change of mind of host or guest after physical check in.
11.2 Hosts and Guests are responsible for any modifications to a booking that they make via the Thaktechai Platform or direct Thaktechai customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
11.3 The guest understands and acknowledges that the the guest shall not be entitled to receive the 20% advance payment on total tariff made for booking confirmation, if guest has cancelled booking within 48 hours before the check in time. If the guest cancels the booking before 48 hours before the check in time, he/she will be entitled for the 20% advance payment refund minus any taxes, service fee and money transfer fee. In addition, Thaktechai may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking.
11.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Thaktechai shall work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
11.5 In certain circumstances, Thaktechai may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund to the guest. This may be for reasons where Thaktechai believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Thaktechai, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
11.6 Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings.
12. Damage to Accommodations, Disputes between Members
12.1 The guest hereby declares that the guest shall be fully responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the same condition as it was in when the guest arrived. Additionally, the guest is responsible for the guest’s own acts and omissions and are also responsible for the acts and omissions of any individuals whom the guest invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
12.2 If a Host claims and provides evidence that the guest as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host shall be entitled to claim any monetary damages to that effect from the guest as per the laws of Bangladesh. If a Host escalates a Damage Claim to Thaktechai, the guest shall be given an opportunity to respond. If the guest agrees to pay the Host, or Thaktechai determines in its sole discretion that the guest is responsible for the Damage Claim, the company shall collect any such sums from the guest and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Thaktechai also reserves the right to otherwise collect payment from the guest and pursue any remedies available to Thaktechai in this regard in situations in which the guest is responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Thaktechai Host Guarantee (if any).
12.3 The Guest agrees to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information and take such actions as may be reasonably requested by Thaktechai, in connection with any Damage Claims or other complaints or claims made by the Host relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Thaktechai Host Guarantee), Experiences, or Co-Host agreements. The guest hereby acknowledge that the guest shall commit his/her time to go through any mediation or arbitration under the guidance of the company to resolve any dispute with the Hosts and the company as any given time.
12.4 The Guest understands and agrees that Thaktechai may make a claim under the Host’s, homeowner's, renter's or other insurance policy related to any damage or loss that the guest may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Thaktechai under the Thaktechai Host Guarantee). The guest agree to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information as may be reasonably requested by Thaktechai, to make a claim under the Host’s homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Thaktechai may reasonably request to assist Thaktechai in accomplishing the foregoing.
12.5 The guest also must take with him/her valid NID/Passport original or copy, Booking Confirmation Document that might be available on Thaktechai Platform after Confirmed Booking and any other document required by the host written in the host accommodation listing to show them to host before checking in.
12.6 The Guest acknowledges that for any criminal activity i.e illegal activity, terrorist activity, drug dealing, theft, rape, murder, damage of property or physical harm or any other activity that is criminal in nature incurred by Guest or Host or any other person where Guest, Host, both Guest or Host or any other person or animal is victim, Thaktechai shall not be liable as the platform provider. Any dispute that is criminal in nature, the victim shall be responsible to go to nearest law enforcement authority and seek for the legal remedy by himself/herself. The guest further acknowledge that the guest shall inform the Thaktechai Dispute Resolution Center regarding the matter after filing the dispute with the nearest police station & other concerned authorities.
13. Currency conversion
The Thaktechai Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Thaktechai Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.
14. Prohibited Activities
14.1 The guest is solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to the guest’s use of the Thaktechai Platform. In connection with the guest’s use of the Thaktechai Platform, the guest shall not and shall not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights.
- Use the Thaktechai Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Thaktechai endorsement, partnership or otherwise misleads others as to the Guest’s affiliation with Thaktechai;
- Use the Thaktechai Platform in connection with the distribution of unsolicited commercial messages ("spam");
- Contact another Host for any purpose other than asking a question related to a the Host’s own booking, Listing, or the Member's use of the Thaktechai Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- Use the Thaktechai Platform to request, make or accept a booking with any Thaktechai Host independent of the Thaktechai Platform, to circumvent any Service Fees or for any other reason;
- Request, accept or make any payment for Listing Fees outside of the Thaktechai Platform or Thaktechai Payments. If the Guest do so, the Guest acknowledges and agree that the Guest: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Thaktechai harmless from any liability for such payment;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- Use, display, mirror or frame the Thaktechai Platform or Collective Content, or any individual element within the Thaktechai Platform, Thaktechai's name, any Thaktechai trademark, logo or other proprietary information, and design of any page or form contained on a page in the Thaktechai Platform, without Thaktechai's express written consent;
- Dilute, tarnish or otherwise harm the Thaktechai brand in any way, including through unauthorized use of Collective Content, registering and/or using Thaktechai or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Thaktechai domains, trademarks, taglines, promotional campaigns or Collective Content;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Thaktechai Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Thaktechai or any of Thaktechai's providers or any other third party to protect the Thaktechai Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Thaktechai Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Thaktechai Platform;
- Export, re-export, import, or transfer the Application except as authorized by Bangladesh law, the export control laws of the Host’s jurisdiction, and any other applicable laws; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Commit any offence that amount to misbehave, drug dealing, terrorist activity, theft, rape, murder, damage of property, physical harm to any person or any animal what might be against law or any other harmful activity that is criminal in nature.
- Guest hereby acknowledge that the guest shall prohibit himself/herself from taking any picture or videos of the Host or Host’s Accommodation and publishing it anywhere else without the explicit consent of the Host. Guest further acknowledge that publishing any picture or videos of the Host or Host Accommodation without consent shall give the Host absolute right to bring law suit against the guest for the violation of privacy under the prevailing laws of Bangladesh.
14.2 The guest acknowledge that Thaktechai has no obligation to monitor the access to or use of the Thaktechai Platform by any Member or Host to review, disable access to, or edit any Member or Host Content, but has the right to do so to (i) operate, secure and improve the Thaktechai Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ and Host’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member or Host Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information and take such actions as may be reasonably requested by Thaktechai with respect to any investigation undertaken by Thaktechai or a representative of Thaktechai regarding the use or abuse of the Thaktechai Platform.
14.3 If the Guest experiences that any Host who the guest interacts with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) the Host suspect of stealing from the Guest, or (iii) engages in any other disturbing conduct, the Guest should immediately report such person to the appropriate authorities and Guest’s nearest police station followed by reporting Thaktechai Support Center mentioning the Report number provided by the police station (if available); provided that the Guest report shall not obligate us to take any action beyond that shall be required by law (if any) or cause us to incur any liability to the Host or Guest.
15. Dispute Resolution and Arbitration
15.1 You and Thaktechai mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Thaktechai Platform, the Guest Services, the Host Services, the Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Thaktechai agree that the arbitrator will decide that issue. This includes any Claims the Guest or Host asserts against Thaktechai, our subsidiaries, Hosts or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
15.2 Prior to initiating an arbitration, the guest and Thaktechai each agree to notify the other party of the dispute and attempt to negotiate an informal resolution with friendly mediation process contacting the Thaktechai Complaint Center within 15 days of the concerned disputes. The Thaktechai shall contact the guest at the email address or phone number unless informed otherwise; the guest shall contact Thaktechai’s customer service team by emailing (email@example.com) or using the Thaktechai web portal. If after a good faith effort to negotiate one of the parties feels that the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration as per the Arbitration Act 2001 of Bangladesh.
The seat of the arbitration shall be Dhaka.
The Tribunal shall consist of 2 (two) arbitrator(s).
The language of the arbitration shall be in English.
The cost of Arbitration shall be borne by parties in concern equally.
15.3 Both the parties understand and acknowledge that the arbitration is the only and the final means of resolving any disputes and the parties shall be barred from any further court or litigation proceedings
15.4 Exceptions to Arbitration. Guest and Thaktechai each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
16. Booking Procedure
16.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, the guest shall book a Listing available on the Thaktechai Platform by following the respective booking process. All applicable fees, including the Advance Payment, Total Tariff, Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) shall be presented to the guest prior to booking a Listing. The guest hereby agree to pay the Total Fees for any booking requested in connection with the guest Thaktechai Account.
16.2 Upon receipt of a booking confirmation or Confirmed Booking Document/Booking Confirmation Document at Thaktechai Guest Account or at the given Guest’s email address from Thaktechai, a legally binding agreement shall be in place between the Guest and the Host, subject to any additional terms and conditions added by the Host shall apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Once the Host accepts the booking request submitted by the Guest, Thaktechai shall collect the total or partial advance tariff before booking confirmation.
16.3 Any person booked Thaktechai Host’s accommodation for stay via Thaktechai platform by his registered and verified Thaktechai guest account and any other person who is accompanying that person during the stay at host accommodation i.e family member, friend, colleague, business partner, relative etc. and any person who stays at the Host accommodation using Confirmed Booking via other person’s registered and verified Thaktechai guest account, is required to ensure to meet any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If the guest is booking for an additional guest who is a minor, the guest represents and warrants that the guest is legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Services if accompanied by an adult who shall be totally responsible for them.
16.4 The guest understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to the guest by the Host to enter, occupy and use the Accommodation for the duration of the guest stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the guest agreement & understanding with the Guest.
16.5 The guest agrees to leave the accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the guest and the Host. If the guest stays past the agreed upon checkout time without the Host's consent (“Overstay”), the guest no longer have a license to stay in the Accommodation and the Host is entitled to make the guest leave in a manner consistent with applicable law.
16.6 The guest should carefully review the description of any Experience, Event or other Host Service the guest intend to book to ensure the guest (and any additional guests the guest are booking for) meet any marital status, purpose of visit, minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. The guest is required to inform the Host of any medical or physical conditions, or other circumstances that may impact the guest and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. The guest is responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the guest participation in an Experience, Event or other Host Service.
16.7 Before and during an Experience, Event or other Host Service the guest shall be bound to follow at all times adhere to the Hosts’ instructions.
16.8 The guest may not bring any additional individuals to a Host , Experience, Event or other Host Service unless such an individual was added by the guest as an additional guest during the booking process on the Thaktechai Platform.
17. Term and Termination, Suspension and other Measures
17.1 The guest may terminate this Agreement at any time via the "Delete Guest Account" feature on the Thaktechai Platform or by sending us an email. If the guest deletes the guest Thaktechai Account as a guest, any confirmed booking(s) shall be automatically cancelled and the Guest may receive a full or partial refund at the discretion of the company . The guest understands and agrees that the company shall have the rights to monitor the guest account before accepting automatic cancelation.
17.2 Without limiting our rights specified below, Thaktechai may terminate this Agreement for convenience at any time by giving the guest thirty (30) days' notice via email to the guest registered email address.
17.3 In addition, Thaktechai may take any of the following measures if (i) the guest have provided inaccurate, fraudulent, outdated or incomplete information during the Thaktechai Account registration, Listing process or thereafter, (ii) the guest and/or the guest Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (iii) the guest have repeatedly received poor Ratings or Reviews or Thaktechai otherwise becomes aware of or has received complaints about the guest performance or conduct, (iv) the guest have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (v) Thaktechai believes in good faith that such action is reasonably necessary to protect the personal safety, reputation or property of Thaktechai, its Members, Hosts or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Guest, Guest Account, Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit the guest access to or use of the Thaktechai Platform;
- temporarily or permanently revoke any special status associated with the guest Thaktechai Account; or
- temporarily or in case of severe or repeated offenses permanently suspend the guest Thaktechai Account.
- take action or enforce with the help of law enforcement or other administrative agency or governmental body
17.4 If the company takes any of the measures described above (i) the company may refund Guest in partial for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies and (ii) the guest shall not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17.5 When this Agreement has been terminated, the guest is not entitled to a restoration of the guest Thaktechai Account or any of the guest Member Content. If the guest’s access to or use of the Thaktechai Platform has been limited or the guest Thaktechai Account has been suspended or this Agreement has been terminated by us, the guest may not register a new Thaktechai Account or access and use the Thaktechai Platform through an Thaktechai Account of another Member unless given any approval from the Thaktechai Management.