The agreement between you (or the company you represent) and ATW STAYS (OPC) PRIVATE LIMITED for use of the FindBestStay White Label platform.
By registering for, accessing, or using the FindBestStay White Label platform ("the Service"), you agree to be bound by these Terms & Conditions ("Terms"), whether you act on your own behalf or on behalf of a business entity. If you are entering into these Terms on behalf of a company, you confirm you have the authority to bind that company, and "you" refers to that company. If you do not agree to these Terms, do not register for or use the Service. The specific version of these Terms in force at the moment you registered (shown as "Version" above) is recorded against your account, so a later revision never silently changes what you originally agreed to.
The Service is a software-as-a-service platform operated by ATW STAYS (OPC) PRIVATE LIMITED ("ATW STAYS", "we", "us", "our") that lets you set up and operate your own branded flights, hotels and activities booking website, drawing on real-time inventory sourced from third-party supplier systems. We provide the technology, infrastructure and supplier connectivity; you provide your brand, your pricing, and your relationship with your own travelers.
You must be at least 18 years old and legally capable of entering into a binding contract to register for the Service. Information you provide during registration — company details, contact details, GST/PAN information where applicable — must be accurate and kept up to date. Access is gated by email one-time-password verification; you are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
The Service is offered under the plans described on our Plans & Pricing page. The Free plan carries no charge. Paid plans (Pro, Enterprise) are billed upfront for a full year at the rate shown at checkout; Network plan pricing is agreed separately and set out in your specific arrangement with us. The Affiliate plan also carries no charge and is subject to Section 15 below. Plans do not auto-renew without prior notice to you — we will contact you ahead of your renewal date so you can choose to continue, change plans, or let your subscription lapse. Full detail on charges, cooling-off and cancellation is set out in our Refund Policy, which forms part of these Terms.
You are solely responsible for your own storefront, including:
You agree not to: reverse-engineer, decompile or attempt to extract the source code of the Service; scrape, bulk-harvest or systematically extract data from the Service beyond normal storefront use; circumvent, disable or manipulate search quotas, rate limits or other technical controls; use the Service for money laundering, fraud, or any unlawful purpose; resell or sublicense access to the Service itself (as distinct from selling travel bookings through your own storefront, which is the intended use); or interfere with the security or normal operation of the Service.
7.1 Chargeback Liability. You are solely and entirely responsible for any chargeback, payment dispute, or reversal a traveler raises with their bank, card issuer, UPI provider, or payment gateway in connection with a booking made on your storefront. We will fulfil the service exactly as confirmed on that booking's own voucher (see Section 8); we are not a party to, and bear no responsibility for, a dispute between you and your own traveler about that booking.
7.2 Where a chargeback is deducted from. On plans where you fund your own wallet and connect your own payment gateway, any chargeback amount (and any associated gateway penalty) is debited from your wallet or otherwise invoiced to you. On the Affiliate plan, where our own payment gateway collects payment on your behalf, a successful chargeback is deducted from your future or unpaid commission; if no sufficient unpaid commission exists, you remain liable to reimburse us directly.
7.3 Sold-Out Inventory / Rates Not Honoured. Flight, hotel and activity inventory is sourced from third-party suppliers (Section 8) whose availability and pricing can change or fail even after a booking has been made. If, after a booking is made, the underlying inventory becomes unavailable or the supplier does not honour the booked rate, we reserve the right to cancel that booking and:
In either case, it then becomes solely your responsibility to refund your own traveler in full where applicable. We are not responsible for, and will not be a party to, any dispute between you and your traveler arising from such a cancellation.
Flight, hotel and activity inventory is sourced from third-party supplier systems. ATW STAYS acts as a technology intermediary connecting your storefront to that inventory — we do not operate airlines, hotels or activity providers ourselves. Fares, availability, fare rules, cancellation terms and travel dates are set by the relevant supplier, not by us, and are subject to change without notice from the supplier's side. We independently re-verify pricing against the supplier immediately before any booking is confirmed. Our commitment to you is to fulfil each booking exactly as confirmed on that booking's own voucher/PNR/confirmation number, issued once the first step of our booking workflow is complete — we do not guarantee any service, term, or price beyond what is stated on that confirmed voucher, and, as set out in Section 7.3, reserve the right to cancel and refund a booking the underlying supplier does not ultimately honour.
The Free plan, being provided at no cost, requires periodic engagement to remain fully active. If no one signs in to a Free-plan company's console for 90 consecutive days, that account is automatically, and without further notice or grace period, moved to a deactivated state. Deactivation under this Section is a soft state, not a termination: your console login continues to work, you may continue to view your existing bookings and your own travelers' data, and you may request that any remaining wallet balance be paid out to your bank account. Your storefront, however, stops accepting new bookings from the moment of deactivation. You may write to support@findbeststay.com at any time to request full reactivation, which we may also grant at our own discretion. This automatic process applies to the Free plan only — every other plan is ever deactivated or suspended only by a manual decision of ours, for cause, under Section 16 (Suspension & Termination).
The Service, including its software, design, "FindBestStay" name and platform branding, is and remains the exclusive property of ATW STAYS. Nothing in these Terms transfers any ownership of the Service to you. You retain ownership of your own brand assets, logos and content that you upload to your storefront, and grant us a limited licence to host and display that content solely to operate your storefront for you.
In the course of operating the Service, we collect certain personal information about your own travelers on your behalf, including, for international bookings, their PAN and a Tax Collected at Source (TCS) declaration, which we are required to collect and retain for our own statutory tax compliance. This specific information — a traveler's PAN, PAN name, and TCS declaration — is treated as sensitive and is visible only to us and to the traveler themselves; it is never shown to you or any other party, consistent with data-minimisation principles. You are responsible for your own compliance with applicable data protection law (including India's Digital Personal Data Protection Act, 2023, where applicable) in respect of any traveler data you collect, store, or process outside the Service.
The Service is provided on an "as is" and "as available" basis. We aim for high availability but do not guarantee uninterrupted, error-free or continuous access. We may modify, add to, or discontinue features of the Service at our discretion, and will make reasonable efforts to notify you in advance of changes that materially affect your storefront's functionality.
To the maximum extent permitted by applicable law, ATW STAYS's total aggregate liability to you arising out of or relating to these Terms or the Service, however arising, shall not exceed the total plan fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim (or, on the Free or Affiliate plans, ₹10,000). In no event shall ATW STAYS be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunity, even if advised of the possibility of such damages. We are not liable for the acts, omissions, insolvency or service failures of third-party suppliers, payment gateways, or for disputes between you and your own travelers, including any chargeback (Section 7) or sold-out-inventory dispute (Section 7.3).
You agree to indemnify, defend and hold harmless ATW STAYS, its directors, officers and employees from and against any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service; your pricing, content or conduct towards your own travelers; any chargeback or dispute a traveler raises against you; your breach of these Terms; or your violation of any applicable law.
If you register for the Affiliate plan, the following additional terms apply, in addition to (and not in place of) the rest of these Terms:
15.1 Commission Only. Your earnings on the Affiliate plan consist solely of the markup you add to the prices displayed through the platform. You may only mark up a price, never mark it down — the Affiliate plan does not support discounting below the underlying supplier price and platform margin.
15.2 Commission Becomes Payable. A commission becomes payable automatically once the travel date of the underlying booking has passed. It is voided, and no longer payable, if that booking is cancelled and refunded (Section 7.3).
15.3 Payout & Tax. Commission is paid out manually to your nominated bank account or UPI ID, together with an invoice generated in your name. Applicable TDS is deducted at the rate prescribed by law (2% with a valid PAN on file, 20% without one, under Section 206AA of the Income Tax Act, 1961), and GST, where applicable, is treated as included within your commission amount, not charged separately.
15.4 Approval & Deactivation. Every Affiliate application is reviewed manually; approval is not automatic, and is based on your ability to genuinely drive traffic to your storefront. We may activate or deactivate an Affiliate account at our sole discretion, including for inactivity, misuse, or any breach of these Terms. Deactivation pauses new bookings but does not affect commission already earned and payable for completed trips.
We may suspend or terminate your access to the Service, with or without prior notice, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, failed to pay applicable fees, or where continued access poses a risk to the Service, other users, or ATW STAYS. You may stop using the Service at any time. Termination does not entitle you to a refund of fees already paid except as expressly set out in our Refund Policy. Any remaining wallet balance at the time of termination is handled in accordance with the wallet terms communicated to you within the platform. See also Section 9 for the Free plan's separate automatic soft-deactivation process.
Each party agrees to keep confidential any non-public business, technical or commercial information disclosed by the other party in connection with the Service, and to use it only for purposes of performing under these Terms. This is separate from, and additional to, the specific traveler-data protections in Section 11.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, government action, internet or telecommunications failures, or failures of third-party suppliers or payment infrastructure.
We may update these Terms from time to time. Material changes will be notified to you by email or through the platform. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of India. Subject to Section 21 below, the courts at New Delhi shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
In the event of any dispute, controversy or claim arising out of or relating to these Terms, the parties shall first attempt to resolve it through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by ATW STAYS. The seat and venue of arbitration shall be New Delhi, India, and the proceedings shall be conducted in English.
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition or sale of assets. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ATW STAYS regarding the Service.
Questions about these Terms can be sent to info@findbeststay.com, or raised directly with our team via Contact Us.
ATW STAYS (OPC) PRIVATE LIMITED · C-184, Dayanand Colony, Lajpat Nagar 4, New Delhi – 110024, India
