Host Terms & Conditions

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Basic requirements for listing of hosts

Warm welcome

Make guests feel warm welcome whenever you are available. Give them all information of the place if needed.

Provision of essential amenities

This includes clean & hygienic condition of the premises including toilets. There must be clean bed rooms with linen bed sheets and blankets, at least one towel and pillow per booked guest. Provision of sufficient water for clean & safe drinking and other usage is mandatory. Hosts must keep their kitchen utensils clean.Host must ensure that home is properly ventilated and the temperature control systems are functional. Ensure guests safely use the heater/AC, fans and other electrical equipment.

Host Profile

Host must upload their true & complete profile on cozybreak.com. It is expected that they give complete description of rooms, available amenities, pick up facilities, transportation including sightseeing, food, adventure, fun & game, nearby places of tourist’s interests, other experiences etc. Hosts should design their profile in such a way that Tourist/ Guest could enjoy your hospitality up to the fullest. You will provide complete and accurate personal information when registering to use the website.

Hosts shall not attempt to damage or harm the Cozy Break Homestay website or services. They shall not enter obscene or objectionable material on the Cozy Break web portal. This includes messages, images and the information in your profile or any other form of information that can be entered on the website. Cozy Break will be the sole judge of what is considered obscene or objectionable. Cozy Break may remove the Host from and deny access to the web portal. Host must be over 18 years old to register with Cozy Break.

Cozy Break reserves the right to remove a host’s profile and any other information entered by users. Cozy Break takes no responsibility for any lack of system availability, and no responsibility is assumed for the corruption of any of the data held by Cozy Break.

Cozy Break assumes no responsibility for the content of any of the data held by Cozy Break provided by Hosts. Hosts are responsible for ensuring that the information that is entered does not breach any copyright, intellectual property, obscenity or other laws relating to the written word in printed or electronic form.

Responsiveness of updating occupancy status

Hosts must maintain the highest responsiveness of updating their occupancy status on every check out and advance booking of their rooms at our web portal www.cozybreak.com, so that proper booking of their rooms could be booked by us without any overlapping. The case of overlapping of bookings will be taken seriously. This would affect the booking partnership adversely.

Avoidance of cancellations

Cozy Break avoids unnecessary booking cancellations by hosts. We take cancellations seriously and ask all hosts to avoid cancelling booking of guests, as their all travel plans depend on it.

Maintenance of responsibilities

We expect from hosts to meet their responsibilities with highest level of commitment & hospitality standards like establishing safe occupancy limits according to government & local guidelines, maintenance of local emergency & the nearest Hospital/ Doctor numbers, easy supply of necessary items, availability of First Aid Kits, provisions of fire extinguisher and smoke alarm meeting government safety guidelines for your area, clearly marked fire escape route for easy exits, accommodation units built meeting the government & local rules etc. We also expect from Hosts that they identify the areas where guests might fall under hazardous conditions. Host must remove the hazard or mark clearly, fix any exposed wires, ensure stairs are safe and have railings and remove or lock up any object that may be dangerous to your guests. Host must ensure that home is safe for children or else notify guests of potential hazards.

Privacy

Guests’ privacy is our major concern. Always disclose whether there are security cameras or other surveillance equipment at or around your listing. Make sure you are aware of and comply with applicable Government and local laws.

Neighbors

Hosts must notify their neighbors that you will have guests and remind guests not to bother your neighbors (e.g., don’t knock on their door or buzz them to let you in).

Smoking & liquor intake

If Host does not allow liquor intake or smoking, posting signs to remind guests is suggested. If smoking is allowed, ensure that ashtrays are available in designated areas.

Parking

If any parking rule exists for the building, Hosts must make aware about it to their guest.

Pets

As far as possible, pets should not be allowed, If Host allows pets, ensure guests are educated about things like local environment and customs.

House Rules

Hosts must display their House Rules to avoid surprises of the guests. Hosts must include the information of House Rules comprehensively in their cozybreak.com listing profile.

Contracts

Hosts must check their society/local authorities’ rules & regulations to make sure that there is no restriction against subletting or any other prohibition against hosting. Hosts must read their lease agreement and check with the landlord, if applicable.

Roommates

If Hosts have roommates, consider a roommate agreement in writing which may outline things like how often you plan to host, how you will ensure guests follow the House Rules and even whether you will share revenue if that makes sense for you.

Unlawful Activities

Host can’t use the booked space/ services/ premises for any unlawful activity and he/ she cannot keep illegal things & arms with her/ him. In that case, law of the country/ state will be applicable. Cozy Break will not be responsible for that.

Commercial Terms With The Host

Room Listing Price

Host is free to fix his/ her room listing price on our web portal www.cozybreak.com. But, Host can’t ask for any security deposit from guests against the booked service through our web portal.

Commission and Pay Out

To maintain our website and to pay payment gateway charges, Cozy Break has a clear commercial policy with the Host. Host will have to bear 10% of room listing price (Excluding GST price) as Cozy Break commission. Payment received against booking will be credited to the Host account after deducting the commission amount. At the event of cancellation of booking, the cancellation fee collected from the guest shall be paid to the host after deducting 10% service charge of Cozy Break. Cozy Break will make its utmost effort to payout the payable amount to the host the same day after the check in of the guest and such intimation by the host. If any technical issue arises, Cozy Break shall make payout to the host within one week after the check out of the guest. The time it takes for the funds to arrive in the host’s account depends on the payout method. Cozy Break reserves the right to change the commission charged or introduce fees for any of the services at any time. If we introduce a new service, the commission for that service will be effective at the launch of the service, unless otherwise stated.

Collection & Remittance of GST

As per the latest notification released by Ministry of Finance on 28 June 2017, Cozy Break hosts who expect their annual commercial turnover from sale of goods and services to be at or below Rs. 20 lakhs (at or below Rs. 10 lakhs in special category states like Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand identified under Article 279A(4)(g)) are currently exempt from registering for Goods and Services Tax (GST) purposes. For those hosts listed in these states, Cozy Break will remit the entire GST collected from the guests directly to the tax authorities.

Hosts whose annual turnover is above the INR 20/10 lakhs thresholds mentioned above are required to remit the entire amount of the GST collected from the guest to the tax authorities. For any host that has provided Cozy Break with their GST registration number, Cozy Break will collect the GST from the guest at the time of booking and will pay out taxes to hosts. Cozy Break will make its utmost effort to payout the payable amount to the host the same day after the check in of the guest and such intimation by the host. If any technical issue arises, Cozy Break shall make payout to the host within one week after the check out of the guest. The time it takes for the funds to arrive in the host’s account depends on the payout method.

Limitation of Liability

Cozy Break encourages Hosts to ensure adequate insurance coverage of liability and their property to be used for Hosting purposes. Since, Cozy Break acts as an intermediary for the services provided. Therefore, Cozy Break is not liable to any party in contract, or negligence for damage, claim, loss, costs or expenses, specifically for: Any special loss, any loss of revenue, profits, business or contracts, any loss of data & any loss of reputation. Host expressly understands and agrees that:

  • 1. Cozy Break shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service.
  • 2. Cozy Break shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by Cozy Break.
  • 3. Cozy Break shall not be liable for the conduct or statements of other third parties to the service.
  • 4. Cozy Break is not responsible for the guest or host family actions. Cozy Break’s only role is to provide an online platform to facilitate guests and hosts. Failure of Hosts to satisfy their responsibilities may result in suspension of activity or removal from the Cozy Break Web portal.
  • Acceptance of other Terms & Conditions of Cozy Break

    Host agrees with the Booking and Cancellation Policy, Privacy Policy and Master User Agreement of www.cozybreak.com.

    Account Creation& Listing

    Creating account & listing on www.cozybreak.com is absolutely free. Hosts can click here to create their accounts by giving information such as Name, Email Id, Contact no. etc. After creating the account Host will have to upload the details of property and rooms with tariff, photograph, amenities, house rules etc. For account creation, password will be send on email id for verifying host email id, after login host can change their password. As one can understand, the content or photo cannot be evaluated by the system. Our moderator receives an alert when a new listing is posted on the Web Portal. He/she activates the details after confirming the same. One can expect around 5 to 30 minutes delay during the Indian office hours and during non-working hours, in extreme case, up to 12 hours. Host must need to make sure all details posted by him/her are owned by you legally and not violating copyright or intellectual property right rules.

    General Regulations

    Content given in this section is solely for information purposes and no Cozy Break Host or other third party may rely upon it as tax or legal advice or use it for any other purpose. As such, Cozy Break does not take any responsibility whatsoever to Cozy Break Hosts or other third parties as a result of the use of information contained herein. Readers are encouraged to consult with professional advisors for advice concerning specific matters before making any decision or taking a position on any tax return.

    Taxes

    Cozy Break disclaims any responsibility for positions taken by taxpayers in their individual cases or for any misunderstanding on the part of readers Hosts must look up any local taxes or business license requirements that may apply. This may include things like hotel/transient occupancy tax, sales, and other turnover taxes such as Goods and Services Tax (GST) or income tax.

    Goods and Services Tax (GST):

    There are variable GST rates on accommodation including any cleaning fee. Tax rates vary on the average nightly rate of the reservation. As per the latest notification released by Ministry of Finance on 28 June 2017, Cozybreak hosts who expect their annual commercial turnover from sale of goods and services to be at or below Rs. 20 lakhs (at or below Rs. 10 lakhs in special category states like Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand identified under Article 279A(4)(g) are currently exempt from registering for Goods and Services Tax (GST) purposes. For those hosts listed in these states, Cozybreak will remit the entire GST collected from the guests directly to the tax authorities. Hosts who expect their annual commercial turnover from sale of goods and services to be over the GST registration threshold of INR 20 lakhs (or INR 10 lakhs in special category states identified under Article 279A (4)(g)) are required to obtain a GST number and remit the entire amount of GST owed on the transaction to the tax authorities. Hosts whose annual turnover is above the INR 20/10 lakhs thresholds mentioned above are required to remit the entire amount of the GST collected from the guest to the tax authorities. For any host that has provided Cozy Break with their GST registration number, Cozy Break will collect the GST from the guest at the time of booking and will pay out taxes to hosts about within 2-3 working days after the guest’s scheduled check-out time. The time it takes for the funds to arrive in the host’s account depends on the payout method. For detailed information about GST, visit India’s government concerned website.

    Permits or Registrations

    Host must look up any permitting, zoning, safety, and health regulations that may apply. The governing authorities that regulate the use and development of property in your area may have useful information on such regulations.

    Rent Control/Rent Stabilization

    If Host lives in rent controlled or stabilized housing, there may be special rules that apply may be applicable. Therefore, Host should contact local Rent Board to enquire about it.

    Registration of Guests

    Local regulations require maintaining a register for guest check-in and check-out records containing Name, Address, contact no., valid Identification Proof, no. of persons, places of coming from & going to and passport details of foreign tourists. Additionally, in the case of foreigners are provided accommodation in any Hotel/ Guest House/ Dharamshala/ Individual House/ University/ Hospital/ Institute the Host must submit the details of the residing foreigner in Form C to the registration authorities within 24 hours of the arrival of the foreigner at the premises. The Form C can be submitted online once the accommodation provider completes the registration process. The regulations also require the accommodation provider to maintain the Form B as a corresponding register.

    Guidelines on Foreigner Registration (FRRO) Process for Indian Hosts

    Following information in the form of Frequently Asked Questions (FAQ) can help you in learning about some of the laws and registration requirements for hosting of foreigner guests. This information is not comprehensive and should not be taken as legal advice. In addition, the process for FRRO registration and Form C submission may vary from state to state. If you are not sure about how local laws or this information may apply to you, we encourage you to contact your local authorities of FRRO office or consult a local lawyer. It must be noted that we do not update this information in real time, so you should confirm that the law is not changed recently.

    Frequently Asked Questions (FAQ)

    When should a host submit Form “C”?

    Any person hosting a foreign guest for monetary consideration in India, even for a few hours, should submit C-Forms. The submission of C-Forms and maintenance of guest registers has come out from the Foreigners Act 1946 and Registration of Foreigners Rules, 1992. This requirement extends across India and applies to all persons who give accommodation to foreign guests for monetary purposes. The C-Form mechanism helps the authorities to locate and track foreigners in India to enhance security and safety. Failure in complying with the reporting requirements could be resulted in fines and imprisonment of up to 5 years.

    How does a host submit C-Forms?

    Hosts may submit C-Forms through the online platform of the Bureau of Immigration (BoI). But before submission, hosts need to complete the FRRO registration process. The FRRO registration process is different for hosts who operate Hotel/ Homestay/ B&B/ Dharamshala/ Institute/ University/ Hospital and hosts who accommodate guests in their own individual houses. Once the host completes the FRRO registration by submitting the registration form online and submitting the supporting documents in person (or by mail/courier, depending upon local FRRO office’s guidelines) and activates the FRRO registration, subsequent submissions of C-Form may be made.

    What is the Procedure of Registration?

    Visit the website of Bureau of Immigration; http://boi.gov.in. Visit the C-Forms page —> Register and give pertinent details —> Submit the registration form online —> Visit the local FRRO Office (or submit the documents via post or courier, depending on your local office’s requirements) with supporting documents to activate registration —> Complete registration.

    What are the supporting documents required for hotels/homestays/B&Bs/dharamshalas/ institutes?

    Two copies of the duly signed registration form printed from the website, address of premises, ownership details and license for operating the premises on a commercial basis.

    What are the supporting documents required for individual houses?

    Two copies of the duly signed registration form printed from the website, Utility bills in the name of the host, Property tax receipt issued by local authorities, Sale deed or rent agreement in the name of the host, and other documents as may be required by the local FRRO Office.

    Are all hosts required to submit or furnish a B&B license to register with FRRO?

    No, hosts who accommodate foreign guests in their individual houses/apartments do not need to submit a B&B/Homestay license to register with the FRRO. Such hosts may simply submit their address proof to activate registration.

    What documents are needed to accompany with an online C-Form submission?

    Completed online C-Form, Visa copy of the foreigner and Passport copy of the foreigner (the photo page) are needed. In some areas, as per the local office guidelines, the host may also be required to submit the host’s address proof again.

    How many times C-Forms should be submitted for a particular foreigner guest?

    C-Forms should be submitted twice for each foreigner guest, once when they check-in and once when they check-out. C-Forms must be submitted within 24 hours of a foreign guest check-in. Currently, there is no explicit timing for submission of the C-Form upon check-out. But, Host should submit the same within 24hrs.of check-out time. If a foreigner guest plans to check out within a few hours of check-in, then C-Forms should be submitted as soon as they check-in.

    Should a C-Form be submitted for every single foreigner guest even if they arrive in a group with a group leader?

    Yes; one C-Form must be submitted for each individual foreigner guest, even if they are travelling in a group.

    Should Host submit physical copies of C-Forms to the local FRRO office?

    No; Host is not needed to visit the FRRO office or submit physical documents once they complete their one-time registration with FRRO. Host will only need to complete the online submission of C-Forms although it is advised that Hostshould keep printed copies of C-Forms for the record. However, some local FRRO offices may demand that Host should submit physical copies of each C-Form for their administrative convenience. In this case, Host may submit the C-Forms personally or delegate someone to do the same on his/her behalf.

    Should Host submit any documents to local police?

    No. Typically, Host is not required to submit additional information to the local police. Where Host is unable to complete the online submission of C-Forms whether due to connectivity issues or otherwise, he/she may submit the physical form to the local FRRO. If there is no local FRRO office, Host should submit the C-Form to the local Superintendent of Police (SP) and not to the local police station.

    What if the host loses internet connectivity and is unable to submit the C-Form online?

    If the Host does not have internet connectivity, the host should inform the FRRO office or the local SP. Lack of internet connectivity is not an acceptable excuse for failing to report a foreigner guest when alternative reporting options exist.

    Are there any additional reporting requirements when hosting a Pakistani national?

    If you host a Pakistani national, in addition to submitting the C-Form, immediately call, email or fax the FRRO office or local SP.

    Should hosts maintain a register in addition to C-Form submission?

    Yes; in addition to C-Form submission for foreigner guests, Host is required to maintain separate registers for Indians and foreigners with details of every guest, now referred to as Form B (formerly Form F). The Form B register has to be maintained irrespective of the nature of accommodation, and shown to the relevant government officer when requested. The register is a hand-written record of host and guest information. In the event there is any issue with the C-form submissions, the register helps the host and FRRO to track guests. It is a permanent, hand-written document and should have the signatures of each guest and the host. Parents can sign on behalf of minor guests.

    How should Host inform guests about the documents required for C-Form submission?

    There is no fixed way to do this. Many hosts in India have outlined the following requirements in their ‘House Rules’ section: Government issued ID needed for every guest such as Voters ID, AADHAAR, Driving License, Passport, Govt. ID etc., Foreign Nationals valid Passport & VISA etc. Guests may be required to sign in Visitor’s Register. Mentioning these as part of the House Rules or in early interactions with the guests before they check in, their accommodation will be made smoother.

    Where can a Host find out more information about the FRRO requirements?

    Host can find out more information about FRRO requirements in India by visiting the website of Bureau of Immigration; http://boi.gov.in

    Is there anything else a Host should think about?

    Hosts should be prepared to assist foreign guests to understand FRRO registration requirements that apply to the guest. For this, hosts should have a basic understanding of the VISA rules & VISA exemptions for the foreigner guests.