Property Owner Agreement
Volume 2 | Rented Ghar
1. OWNER DECLARATION
1.1 Declaration of Ownership and Authority: The Property Owner hereby solemnly declares, represents, confirms, and warrants that he/she/it is the lawful, absolute, and undisputed owner, co-owner duly authorized by all other co-owners, lessee, licensee, allottee, attorney holder under a valid and subsisting Power of Attorney, or otherwise legally entitled to possess, manage, license, lease, and permit temporary occupation of the property described in Schedule A annexed to this Agreement (hereinafter referred to as the Property).
1.2 Accuracy of Information: The Owner shall provide complete, true, correct, updated, and non-misleading information regarding the Property. Any loss, claim, dispute, penalty, refund, cancellation, reputational harm, or legal proceeding arising from incorrect, false, misleading, incomplete, or outdated information supplied by the Owner shall be the sole responsibility of the Owner.
1.3 Compliance with Applicable Laws: The Owner declares that the Property complies with all applicable laws, rules, regulations, bye-laws, notifications, and directions issued by competent authorities.
1.4 Declaration Regarding Encumbrances: The Owner declares that the Property is either free from encumbrances or that all encumbrances have been fully disclosed in writing to the Company prior to listing.
1.5 Declaration Regarding Litigation: The Owner represents that no civil, criminal, revenue, consumer, insolvency, or regulatory proceeding is pending or threatened against the Property or the Owner that may materially affect the listing, booking, possession, occupancy, management, or use of the Property.
1.6 Declaration Regarding Occupancy Status: The Owner confirms that the Property is presently vacant or that the existing occupant has lawfully vacated the Property prior to making it available for booking through the Platform.
1.7 Declaration Regarding Society and Local Restrictions: The Owner confirms that the housing society, apartment association, resident welfare association, colony association, landlord, lessor, or local authority has not prohibited short-term accommodation, guest stay, service apartment use, homestay use, or temporary occupancy of the Property.
1.8 Declaration Regarding Utilities and Habitability: The Owner declares that the Property has functional electricity supply, water supply, sanitation facilities, ventilation, access, and basic habitability standards suitable for human occupation.
1.9 Declaration Regarding Safety: The Owner confirms that the Property is structurally safe and does not contain any known hazardous condition, exposed wiring, unsafe staircase, unstable structure, toxic substance, gas leakage risk, severe seepage causing electrical danger, or any other condition likely to endanger occupants.
1.10 Indemnity for False Declaration: The Owner shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and representatives from and against all losses, damages, penalties, fines, liabilities, claims, actions, proceedings, expenses, and legal costs arising from any breach of the declarations made under this Clause.
2. OWNERSHIP WARRANTY
The Owner hereby irrevocably warrants that he/she/it possesses valid, lawful, marketable, and enforceable title or lawful authority in respect of the Property and has full legal capacity to enter into this Agreement and to permit the Company to market, list, book, manage, and facilitate temporary occupancy of the Property through the Rented Ghar platform.
The Owner warrants that no person other than the Owner has any ownership, possessory, tenancy, leasehold, license, inheritance, succession, maintenance, marital, easement, occupancy, or other right that would restrict or invalidate the listing of the Property, except those expressly disclosed in writing to the Company.
3. AUTHORITY TO LIST
The Owner hereby appoints and authorizes Kolahal Homes Private Limited, operating under the brand name Rented Ghar (hereinafter referred to as the Company), on a non-exclusive basis unless otherwise agreed in writing, to list, market, advertise, promote, publish, display, offer for booking, manage booking inquiries, facilitate reservations, collect booking payments, coordinate guest stays, and provide ancillary accommodation management services in relation to the Property.
Nothing contained in this Agreement shall be construed as a transfer, assignment, sale, lease, tenancy, mortgage, charge, or creation of any proprietary interest in favor of the Company. The Company acts only as a booking facilitator and accommodation management service provider, and all ownership rights in the Property shall remain vested in the Owner.
The Owner expressly authorizes the Company to collect booking payments, security deposits, convenience fees, cleaning charges, maintenance charges, taxes, and other approved charges from guests and to settle the Owner's share after deducting applicable commissions, taxes, refunds, chargebacks, penalties, and agreed deductions.
4. LISTING PERMISSION
The Owner hereby grants the Company full permission to publish, display, reproduce, store, transmit, distribute, and publicly communicate the Property listing on digital and physical marketing platforms for the purpose of attracting prospective guests.
The Company may edit, optimize, translate, resize, watermark, crop, compress, reformat, categorize, or otherwise modify listing content for technical, operational, marketing, or quality purposes, provided that the essential nature of the Property is not materially misrepresented.
The Company may suspend, hide, or remove the listing without prior notice if: (a) the Property becomes unsafe; (b) complaints are received regarding hygiene, security, fraud, harassment, or illegal activity; (c) statutory violations are suspected; (d) ownership documents are disputed; (e) repeated booking cancellations occur; (f) service quality falls below the Company's standards; (g) government or police directions require suspension.
5. RENTAL PRICING
The Owner shall propose the base rental tariff for the Property, and the Company may review, recommend modifications, or optimize such tariff based on market conditions, seasonal demand, local events, occupancy trends, property category, guest profile, duration of stay, and operational feasibility.
The Owner acknowledges and agrees that the Company may implement dynamic pricing mechanisms, including increases or decreases in nightly, weekly, monthly, festival, event, medical season, academic season, or emergency-period tariffs, provided that such pricing remains within the pricing parameters approved by the Owner or subsequently communicated by the Company.
6. REVENUE SHARING
The parties agree that the gross booking revenue received from guests shall be apportioned between the Owner and the Company in accordance with the revenue sharing model specified in Schedule B or otherwise agreed in writing.
Before releasing the Owner's share, the Company may deduct: (a) commission; (b) platform fee; (c) payment gateway charges; (d) taxes deducted at source where applicable; (e) refunds issued to guests; (f) chargebacks; (g) penalties payable due to Owner default; (h) damage recovery adjustments; (i) cleaning or maintenance expenses recoverable from the Owner; (j) other amounts expressly permitted under this Agreement.
7. CLEANING CHARGES
The Owner shall ensure that the Property is cleaned, sanitized, aired, and made ready for occupancy before every guest check-in and after every guest check-out. Cleaning standards shall be consistent with reasonable hospitality practices and the quality standards prescribed by the Company from time to time.
8. MAINTENANCE CHARGES
The Owner shall maintain the Property, fixtures, fittings, appliances, furniture, electrical systems, plumbing systems, sanitary installations, doors, windows, locks, lighting, water systems, and all amenities in safe, functional, and habitable condition throughout the term of this Agreement.
Routine maintenance shall include repairs arising from normal wear and tear, preventive servicing, replacement of consumable components, lubrication, tightening, painting touch-ups, plumbing repairs, electrical repairs, and servicing of appliances and air-conditioning units.
9. COMMISSION STRUCTURE
The Owner acknowledges that the Company is providing technology, marketing, booking management, payment facilitation, guest support, and accommodation management services on a commercial basis, and the Owner agrees to pay commission to the Company in consideration of such services.
10. TAX RESPONSIBILITY
Each party shall be independently responsible for its own taxes arising from income earned under this Agreement, including income tax, surcharge, cess, GST, professional tax, and any other applicable statutory levy. The Owner shall be solely responsible for payment of property tax, house tax, municipal tax, water tax, sewerage charges, development charges, society charges, and all other taxes, duties, cesses, and levies relating to ownership, possession, or use of the Property.
11. PROPERTY STANDARDS
The Owner shall ensure that the Property continuously complies with the minimum accommodation standards prescribed by the Company and applicable laws and remains safe, habitable, hygienic, functional, and suitable for temporary residential occupancy.
12. INSURANCE
The Owner shall be solely responsible for obtaining and maintaining adequate insurance coverage for the Property, including building insurance, contents insurance, fire insurance, burglary insurance, public liability insurance, and any other insurance considered appropriate for short-term accommodation use.
13. FURNITURE INVENTORY
The Owner shall prepare and provide to the Company a complete inventory of all furniture, fixtures, appliances, furnishings, utensils, electronic items, decorative items, linen, equipment, and other movable assets placed in the Property for guest use.
14. PHOTOGRAPHY CONSENT
The Owner hereby grants irrevocable consent to the Company and its authorized photographers, videographers, content creators, marketing agencies, and representatives to enter the Property at mutually convenient times for the purpose of photographing, filming, scanning, measuring, documenting, and creating visual content relating to the Property.
15. ONLINE ADVERTISEMENT PERMISSION
The Owner hereby grants to Kolahal Homes Private Limited and its brand Rented Ghar a worldwide, royalty-free, non-exclusive, transferable, sublicensable, and revocable license during the term of this Agreement to advertise, market, promote, display, publish, distribute, and communicate information relating to the Property through online and digital media for the purpose of generating bookings and promoting the Company's services.
16. BOOKING ACCEPTANCE
The Owner authorizes the Company to accept booking requests on behalf of the Owner through the Platform in accordance with the availability calendar, pricing rules, occupancy limits, stay restrictions, and other booking parameters approved by the Owner.
17. OWNER CANCELLATION & PENALTIES
The Owner acknowledges that guests rely upon confirmed bookings for travel, medical treatment, educational purposes, and temporary residence. The Owner shall not cancel confirmed bookings except in genuine Force Majeure situations or exceptional circumstances permitted under this Agreement.
Host Cancellation Penalty: As detailed in the Rented Ghar Cancellation & Refund Policy, if a Host cancels a confirmed Weekly Booking after the permitted 7-day free-cancellation period, the Host shall be liable for a cancellation penalty equivalent to one day's rent. The Company reserves the right to deduct such penalties, as well as any reasonable relocation costs incurred for the Guest, directly from the Owner's future payouts or settlements.
18. GUEST COMPLAINTS
The Owner shall cooperate fully with the Company in the prompt, courteous, professional, and lawful resolution of guest complaints relating to the Property, services, amenities, staff, access, cleanliness, maintenance, safety, billing, or occupancy.
19. EMERGENCY REPAIRS
The Owner shall remain primarily responsible for attending to and rectifying all emergencies affecting the Property and shall maintain updated emergency contact details with the Company at all times. If an Emergency occurs during a guest stay or immediately before check-in and the Owner cannot be contacted despite reasonable efforts, or immediate action is necessary to prevent harm, the Company may arrange emergency repairs.
20. TERMINATION
This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with this Clause. The Owner may terminate this Agreement by giving not less than thirty (30) days' prior written notice to the Company, provided that all confirmed bookings extending beyond the notice period shall continue to be honored unless otherwise agreed by the Company and the affected guests.
21. INSPECTION RIGHTS
The Owner hereby grants to Kolahal Homes Private Limited and its authorized employees, agents, auditors, quality inspectors, photographers, technicians, contractors, and representatives the right to inspect the Property during the term of this Agreement for operational, quality, safety, maintenance, legal, audit, compliance, booking, emergency, and customer service purposes.
22. DISPUTE RESOLUTION
The parties shall first attempt to resolve all disputes, differences, claims, controversies, or questions arising out of or relating to this Agreement through good faith discussions and negotiations. Any dispute not resolved through negotiation or mediation shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Lucknow, Uttar Pradesh, India.
23. CONFIDENTIALITY
Each party shall keep Confidential Information strictly confidential and shall use it solely for the performance of this Agreement. Neither party shall disclose Confidential Information to any third party except to its employees, directors, officers, agents, auditors, insurers, legal advisers, consultants, contractors, or service providers who have a legitimate need to know and are bound by confidentiality obligations.