# TERMS OF SERVICE **PahariPath** Operated by: **Saksham**, a sole proprietorship trading as "PahariPath" ("**Company**", "**we**", "**us**", "**our**") Registered/Principal place of business: **Near GSSS Ward No. 6, Nadaun, Distt. Hamirpur, Himachal Pradesh, India - 177033** Date of Commencement of Business: **24-06-2026** Effective Date: **24-06-2026** | Last Updated: **24-06-2026** > **PLEASE READ THESE TERMS CAREFULLY BEFORE USING PAHARIPATH.** By accessing paharipath.in, creating an account, making a booking, listing a property, or otherwise using any part of the platform (the "**Platform**" or "**Service**"), you ("**User**", "**you**") agree to be bound by these Terms of Service ("**Terms**") in full. If you do not agree, you must not use the Platform. --- ## 1. Definitions - "**Platform**" means the website paharipath.in, all associated subdomains, mobile-optimized views, and any successor application, however accessed. - "**Host**" means an independent third party who lists accommodation ("**Stay**") on the Platform. - "**Traveller**" or "**Guest**" means a User who searches, enquires about, or books a Stay. - "**Booking**" means a confirmed reservation of a Stay made through the Platform. - "**User Content**" means any content submitted by a User, including but not limited to Community Pins, location corrections, reviews, host feedback, PAHADI task suggestions, photographs, and text. - "**PAHADI Points**" means the loyalty/recognition point system described in Clause 8. --- ## 2. Nature of the Service — Marketplace Only 2.1 The Company operates PahariPath solely as an **online intermediary marketplace and information platform** connecting independent Hosts with Travellers. The Company is **not**: (a) a party to any accommodation, rental, or hospitality contract formed between a Host and a Traveller; (b) a hotel operator, travel agent, tour operator, common carrier, or provider of lodging services; (c) an employer, agent, partner, franchisor, or joint venturer of any Host; nor (d) a guarantor of the accuracy, quality, safety, legality, or fitness of any Stay, Host, or destination listed on the Platform. 2.2 Each Host is an **independent third party** who is solely responsible for the accuracy of their listing, the condition and legal compliance of their property (including any applicable Himachal Pradesh homestay/tourism registration, municipal permissions, fire/safety compliance, and tax obligations), and the performance of the accommodation contract with the Traveller. 2.3 The contract for the Stay itself is formed **directly between the Host and the Traveller**. The Company's role is limited to facilitating discovery, communication, and payment collection as described in Clause 5. 2.4 Nothing in these Terms or on the Platform shall be construed as the Company endorsing, warranting, vetting, inspecting, or certifying any Host, Stay, or destination, notwithstanding any badge, label, or designation (including "Verified Host," "Eco Certified," or similar) that may appear on the Platform, which reflects only that a Host has self-declared or submitted certain information and/or documentation, which the Company may or may not have independently verified. --- ## 3. Eligibility 3.1 You must be at least 18 years of age and capable of entering into a legally binding contract under the Indian Contract Act, 1872, to use the Platform. 3.2 By using the Platform, you represent and warrant that all information you provide is true, accurate, current, and complete, and that you will maintain and promptly update such information. 3.3 The Company reserves the right, at its sole discretion, to refuse service, suspend, or terminate any account without assigning any reason, subject to applicable law. --- ## 4. Account Registration 4.1 You are responsible for maintaining the confidentiality of your login credentials (including any host dashboard or admin credentials) and for all activities that occur under your account. 4.2 You must notify the Company immediately of any unauthorized use of your account or any other breach of security. 4.3 The Company is not liable for any loss or damage arising from your failure to comply with this Clause 4. --- ## 5. Bookings, Pricing, and Payments 5.1 All payments are processed through Razorpay, a third-party licensed payment aggregator. The Company acts only as a **limited payment collection agent** on behalf of Hosts for the purpose of facilitating Bookings; the Company is not a bank, payment aggregator, or escrow agent, and does not warrant the uninterrupted availability of any payment gateway. 5.2 Prices displayed are inclusive of applicable GST as stated at checkout. Any platform commission, service fee, or similar charge, if introduced in the future, will be disclosed to Users prior to completion of a Booking made after such introduction; introduction of fees shall not retroactively apply to Bookings confirmed prior to such change. 5.3 Carbon offset contributions and Eco Permit fees collected at checkout are **non-refundable once a Booking is confirmed**, regardless of whether the underlying stay or visit subsequently does not occur, except where required by law. 5.4 The Company is not responsible for, and disclaims all liability arising from, any failure, delay, chargeback, fraud, or dispute relating to payment processing by Razorpay or any other third-party payment processor, save to the extent caused by the Company's own gross negligence or willful default. --- ## 6. Cancellations and Refunds 6.1 Cancellation terms displayed on the Platform at the time of Booking (including any free-cancellation window) apply. Cancellations made outside any stated free-cancellation window are subject to the cancellation fee schedule displayed at the time of cancellation, which may vary by proximity to check-in date. 6.2 The Company does not guarantee any refund where a Booking is disrupted, shortened, or rendered impossible due to **causes outside the Company's reasonable control**, including but not limited to those listed in Clause 15 (Force Majeure), Host unavailability, Host non-performance, or governmental restriction on travel to a region. 6.3 Where a Host fails to honour a confirmed Booking, the Company's sole obligation, at its discretion, shall be limited to using reasonable efforts to assist in securing a refund from the Host or a comparable alternative Stay; the Company shall not be liable for any consequential loss (including alternate travel or accommodation costs, loss of holiday enjoyment, or incidental expenses) arising from such Host non-performance. --- ## 7. PAHADI Points, Traveller Tiers, and Referral Program 7.1 PAHADI Points, tier designations, badges, and any associated discount or benefit ("**Rewards**") are a discretionary loyalty and recognition program with **no cash value**, and cannot be sold, transferred, exchanged, or redeemed for cash under any circumstance. 7.2 The Company reserves the unrestricted right to modify, suspend, devalue, or discontinue the PAHADI Points program, any tier, threshold, or associated Reward, at any time without prior notice and without liability to any User, including in respect of previously accumulated points. 7.3 The Company reserves the right to reverse, forfeit, or cancel any Points or Rewards obtained through fraud, abuse, manipulation, referral-farming, or any activity inconsistent with the intended use of the program, as determined by the Company in its sole discretion, and to suspend or terminate the account of any User found to have engaged in such conduct. 7.4 Points awarded in connection with a Booking are credited only upon commencement of the check-in date associated with that Booking, are not vested prior to that date, and are automatically forfeited if the underlying Booking is cancelled prior to check-in. --- ## 8. Eco Permits 8.1 Eco Permits are **date-specific, non-transferable, and non-refundable** once issued. 8.2 An Eco Permit constitutes permission to enter a designated zone subject to the daily visitor cap and other conditions in force at the time of the visitor's arrival, which may be revised, reduced, or suspended by the Company, local authorities, or forest/wildlife/tourism departments without notice, including for reasons of conservation, safety, weather, or government order. The Company does not guarantee physical access to any zone notwithstanding issuance of a permit. --- ## 9. Crowd Data, Weather, Road Safety, Forecasts, and Itineraries — No Warranty 9.1 All live crowd-level indicators, weekly/monthly forecasts, weather estimates, road-safety indicators, snow-status indicators, carbon-footprint estimates, and auto-generated or host-submitted itineraries displayed on the Platform (collectively, "**Informational Content**") are **estimates derived from historical patterns, seasonal models, and third-party or user-submitted data**, and are provided for general informational purposes only. 9.2 Informational Content is provided **"AS IS" and "AS AVAILABLE," without any warranty of accuracy, completeness, timeliness, or fitness for a particular purpose**, whether express or implied. 9.3 You acknowledge that actual conditions at any destination — including but not limited to crowd levels, weather, road conditions, landslide or avalanche risk, network connectivity, and altitude effects — may differ materially from Informational Content displayed on the Platform, and that **you are solely responsible for independently verifying current conditions** with local authorities, host communication, and official government advisories before and during travel, particularly to high-altitude or environmentally sensitive zones. 9.4 The Company shall not be liable for any loss, injury, delay, expense, or damage arising from reliance on Informational Content. --- ## 10. Assumption of Risk — High-Altitude, Remote, and Adventure Travel 10.1 You acknowledge that travel to the destinations featured on the Platform, particularly high-altitude regions (including but not limited to Spiti, Lahaul, Kinnaur, and Pangi), remote valleys, trekking routes, and other offbeat locations, involves **inherent and material risks**, including but not limited to: (a) altitude sickness, acute mountain sickness, and related medical conditions; (b) landslides, avalanches, flash floods, road closures, and other natural hazards; (c) limited or absent mobile network coverage, medical facilities, and emergency response infrastructure; (d) extreme weather conditions and rapidly changing conditions; (e) wildlife encounters; and (f) risks inherent to trekking, adventure activity, or travel on unpaved or high-altitude roads. 10.2 By using the Platform to plan or undertake travel to any such destination, you **voluntarily assume all such risks**, and confirm that you have made your own independent assessment of your fitness to travel, including consulting a qualified medical practitioner where appropriate before undertaking high-altitude travel. 10.3 The Company strongly recommends that all Users obtain comprehensive travel insurance, including coverage for high-altitude trekking and medical evacuation, prior to travel. **The Company does not provide travel insurance and is not responsible for arranging the same.** 10.4 Nothing on the Platform, including any "eco permit," crowd-safety indicator, or itinerary, constitutes medical advice, a safety certification, or a representation that a destination is safe for any particular individual. --- ## 11. User Conduct You agree not to, and warrant that you shall not: (a) provide false, misleading, or fraudulent information in any listing, booking, review, feedback, community pin, or other submission; (b) use the Platform for any unlawful purpose or in violation of any applicable Indian law, including but not limited to laws relating to wildlife protection, forest conservation, and local tourism regulation; (c) harass, defame, threaten, or engage in abusive conduct toward any Host, Traveller, or Company representative; (d) attempt to circumvent the Platform's booking or payment system to avoid applicable fees, where introduced, in bad faith; (e) interfere with, disrupt, reverse-engineer, scrape, or attempt unauthorised access to the Platform, its underlying database, or any User's account; or (f) engage in conduct that damages, litters, defaces, or endangers any destination, wildlife, or local community featured on the Platform. Violation of this Clause 11 may result in immediate suspension or termination of your account, forfeiture of PAHADI Points, and, where applicable, referral to law enforcement. --- ## 12. User-Generated Content 12.1 By submitting any User Content (including Community Pins, location corrections, reviews, host feedback, and photographs), you grant the Company a **perpetual, worldwide, royalty-free, non-exclusive, sublicensable license** to use, reproduce, display, adapt, and distribute such content on the Platform and in the Company's marketing materials. 12.2 You represent and warrant that you own or have the necessary rights to submit such User Content, and that it does not infringe any third party's intellectual property, privacy, or other rights, and is not defamatory, unlawful, or misleading. 12.3 All User Content is reviewed at the Company's discretion prior to publication and may be edited, rejected, hidden, or removed at any time without notice or liability to the submitting User, including where content is alleged to be inaccurate, defamatory, abusive, or in violation of these Terms. 12.4 The Company does not independently verify the factual accuracy of User Content (including Community Pins and location corrections) and disclaims all liability arising from reliance on such content, including any injury, loss, or misdirection resulting from an inaccurate pin, review, or correction. --- ## 13. Host Obligations 13.1 Each Host represents and warrants that they hold all rights, permissions, licenses, and registrations required under applicable law (including any Himachal Pradesh state tourism/homestay regulations, municipal permissions, and applicable tax registrations) to lawfully offer their Stay. 13.2 Hosts are solely responsible for the safety, cleanliness, legal compliance, and accurate representation of their Stay, and for honouring confirmed Bookings. 13.3 Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between the Company and any Host. Hosts act at all times as **independent contractors**. 13.4 The Company reserves the right to suspend or remove any Host listing at its sole discretion, including for failure to honour Bookings, guest complaints, safety concerns, or breach of these Terms, without liability to the Host for any resulting loss of business. --- ## 14. Intellectual Property 14.1 All content on the Platform other than User Content — including but not limited to the PahariPath name, logo, design, software, database compilation, and the PAHADI Points system design — is the exclusive property of the Company and is protected under applicable Indian intellectual property law. 14.2 You may not reproduce, copy, modify, distribute, or create derivative works from any part of the Platform without the Company's prior written consent. --- ## 15. Force Majeure The Company shall not be liable for any failure or delay in performance of any obligation under these Terms, nor for any loss, injury, or damage arising therefrom, to the extent such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disaster, landslide, avalanche, flood, epidemic or pandemic, war, civil unrest, strikes, governmental action or restriction, internet or telecommunications failure, or failure of any third-party service provider (including Razorpay, Supabase, Vercel, mapping providers, or SMS/email gateways). --- ## 16. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THEREIN ARE PROVIDED **"AS IS" AND "AS AVAILABLE,"** WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS. --- ## 17. Limitation of Liability 17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PROPRIETOR, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY **INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES**, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR TRAVEL DISRUPTION COSTS, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, ANY BOOKING, ANY STAY, OR ANY CONDUCT OF ANY HOST OR THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 17.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY TO ANY USER ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, FOR ANY CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THAT USER TO THE COMPANY (EXCLUDING AMOUNTS PASSED THROUGH TO A HOST OR THIRD PARTY) IN RESPECT OF THE SPECIFIC BOOKING GIVING RISE TO THE CLAIM, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. 17.3 Nothing in this Clause 17 shall exclude or limit liability that cannot lawfully be excluded or limited under applicable Indian law, including liability for death or personal injury caused by the Company's own gross negligence or willful misconduct, or fraud. 17.4 The limitations in this Clause 17 apply regardless of the number of claims, and are a fundamental basis of the bargain between you and the Company. --- ## 18. Indemnification You agree to defend, indemnify, and hold harmless the Company, its proprietor, employees, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your use or misuse of the Platform; (c) any User Content submitted by you; (d) your violation of any applicable law or third-party right; or (e) any dispute between you and a Host or another User. --- ## 19. Suspension and Termination 19.1 The Company may suspend or terminate your access to the Platform, with or without notice, for any actual or suspected breach of these Terms, fraudulent activity, or conduct the Company reasonably considers harmful to the Platform, other Users, or third parties. 19.2 Upon termination, your right to use the Platform ceases immediately; Clauses 2, 7.2–7.3, 9–10, 12, 14, and 16–24 shall survive termination. --- ## 20. Dispute Resolution and Arbitration 20.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms, a Booking, or use of the Platform ("**Dispute**"), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiation, by written notice to **hello@paharipath.in**, for a period of thirty (30) days. 20.2 If the Dispute is not resolved within such period, it shall be referred to and finally resolved by **arbitration under the Arbitration and Conciliation Act, 1996** (as amended), by a **sole arbitrator** appointed by the Company. The seat and venue of arbitration shall be **Nadaun, Himachal Pradesh, India**, and the language of arbitration shall be English. The award of the arbitrator shall be final and binding on the parties, subject to any right of appeal available under applicable law. 20.3 Nothing in this Clause 20 shall prevent either party from seeking urgent interim or injunctive relief from a competent court prior to or during arbitration. 20.4 Subject to Clauses 20.1–20.3, the courts at **Nadaun, Himachal Pradesh** shall have exclusive jurisdiction over any matter not subject to arbitration. --- ## 21. Limitation Period To the extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of the Platform or these Terms must be filed within **one (1) year** after such claim or cause of action first arose, failing which such claim shall be permanently barred. --- ## 22. Governing Law These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. --- ## 23. General Provisions 23.1 **Severability.** If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. 23.2 **Entire Agreement.** These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Platform, superseding any prior agreements. 23.3 **No Waiver.** No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver thereof. 23.4 **Assignment.** You may not assign or transfer your rights under these Terms without the Company's prior written consent. The Company may freely assign these Terms in connection with a merger, acquisition, or sale of assets. 23.5 **Relationship of Parties.** Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you, the Company, and any Host. 23.6 **Amendments.** The Company reserves the right to modify these Terms at any time. Material changes will be reflected by updating the "Last Updated" date above. Continued use of the Platform after such changes constitutes acceptance of the revised Terms. --- ## 24. Grievance Officer / Contact In accordance with applicable Indian law, grievances relating to these Terms may be directed to: **Grievance Officer:** Saksham **Email:** hello@paharipath.in **Address:** Near GSSS Ward No. 6, Nadaun, Distt. Hamirpur, Himachal Pradesh, India - 177033 --- > ### ⚠️ IMPORTANT NOTE FOR THE FOUNDER — READ BEFORE PUBLISHING > This document was drafted to comprehensively cover the realistic risk scenarios facing a travel-booking marketplace operating in Himachal Pradesh (host non-performance, high-altitude travel risk, inaccurate crowd/weather data, cancellations, community-submitted content, payment disputes, and loyalty-program disputes), using standard clauses seen in comparable marketplace platforms (limitation of liability, indemnification, arbitration, force majeure, assumption of risk). > > **It is not a substitute for review by a lawyer licensed in India.** Before publishing, have a qualified advocate confirm, in particular: > - **Clause 17 (Limitation of Liability)** and **Clause 20 (Arbitration)** — enforceability against consumers can be challenged under the Consumer Protection Act, 2019 if a term is found "unfair" or if the consumer forum route is used instead of a civil court (consumers generally retain the right to approach a Consumer Forum/Commission regardless of an arbitration clause — this needs specific legal confirmation for your situation). > - The **Nadaun, Himachal Pradesh** placeholders — insert your actual registered address and preferred arbitration seat. > - Whether Himachal Pradesh has **specific homestay/tourism registration requirements** that should be referenced or required of Hosts in Clause 13. > - Your actual business entity details in the header (proprietor's full legal name and registered address).