WITHDRAWAL OF APPLICATION/CANCELLATION/TERMINATION OF CMBM & TERMS OF REFUND
- Withdrawal of Application for Full Refund:
- Subscriber may within a period of 07 (Seven) calendar days from the date of realization of the Down Payment by AHPL, withdraw his/her Subscriber Subscription Form by sending a written request duly signed by the Subscriber and claim a FULL REFUND of the Subscribership Price paid. In the event of the Subscriber failing to withdraw the Application within the aforesaid period of 7 days, then the right to full refund of Subscribership price paid will lapse. For the purpose of communicating such request for withdrawal of application of CMBM, Subscriber shall use Speed Post/Registered Post/Courier Services/E-mail from
- Registered e-mail address for communicating with AHPL. The refund in such cases will be made within 90 days from the date of receipt of written request for withdrawal from the Subscriber.
- CANCELLATION BY SUBSCRIBER
- A Subscriber may cancel the CMBM during Subscribership Usage period by tendering a request in writing duly signed by both the Subscriber and the co-applicant. The written request for cancellation of AHPL by the Subscriber if received by AHPL beyond 7 days from the date of realization of the Down Payment, it shall be treated as a request for cancellation of CMBM and the provisions for deduction upon cancellation as specified in Clause 8.4 shall apply. In the event of cancellation of CMBM, the Admission Fees amounting to 60% of the Subscribership Price is non-refundable and only 40% of the Entitlement Fees is payable subject to deductions as stated in Clause 8.4 herein below :
- TERMINATION BY AHPL
- AHPL reserves the right to terminate the Subscription of the Subscriber on occurrence of any of the following events:
- Breach of Rules by the Subscriber/co-applicant.
- Default in payment of Subscribership Price by the Subscriber.
- Breach of House Rules of AHPL by the Subscriber/co-applicant.
- Any other action by the Subscriber and/or his/her or occurrence of any event or situation within the premises of AHPL which constitutes a criminal offence.
- Subscriber indulging in any commercial activity by way of renting/or any other manner by Subscriber of his/her holidays through online portals, web advertisements, agents, or through any other modes/means.
- Subscriber indulging in any commercial activity by way of offer to transfer his/her Subscribership through any online/web portals/advertisement/any agents/in any other manner.
- Inappropriate/abusive behavior/acts/causing nuisance by any Subscriber/Co-applicant at any of the premises of AHPL offices of AHPL. In the event of termination on the basis of any of the above clauses, the refund shall be in accordance with and subject to the terms mentioned in Clause 8.4 herein below.
- DEDUCTIONS UPON CANCELLATION/TERMINATION
- Upon termination or cancellation other than withdrawal of application as mentioned in clause, the following deductions shall be made by AHPL from the amounts paid by the Subscriber towards the Entitlement Fees:
- Pro-rated Entitlement Fees for the period (in years) from the start of Subscribership Usage Period till the date of termination. Part of the year shall be treated as full year for the purpose of calculating the deductions.
- Cost of Holidays enjoyed by the Subscriber in excess of entitlement.
- Tax dues, if any and any other amount/s due to AHPL.
- The Subscriber shall not be entitled for refund of any unutilized Top up Nights. Further, the Subscriber shall not be entitled to the refund of any service tax or any other taxes that may have been paid by AHPL in connection with Subscription to any statutory authority.
- In the event of cancellation/termination aforesaid, the Subscriber shall return to Subscription the AHPL Certificate, Subscribership Card and other documents issued by AHPL in order to receive the refund of the Entitlement Fees, if any. AHPL shall refund the balance amount if any, after deductions set out in Clause 8.4 above, within 90 days from the date of receipt of the request for cancellation.
- TAXES
- A Subscriber shall be liable to pay all taxes/charges/levies statutory or otherwise imposed by or payable to any Government/ local body or any other authority on Subscribership Price/any other charge arising out of purchase and/or use of AHPL and usage of Subscription prepaid plan. Non-payment of taxes and levies shall disentitle the Subscriber from enjoying Holidays and shall amount to breach and result in termination of AHPL. For the sake of clarity, the Subscriber’s liability to pay Taxes/charges/levies shall include changes in rates to existing ones or enactment of new ones (either prospective or retrospective).
- AMENDMENT TO THE RULES
- The Subscriber agrees that AHPL shall have the right to unilaterally modify/amend/alter the terms and conditions contained in the Subscribership Rules and/or impose additional conditions at its sole discretion including but not limited to Reservation and Procedure Rules and any such modification/amendment/alteration as aforesaid would be communicated to the Subscriber through publication on the website of AHPL/through registered e-mails or any other modes. Further such modification, alteration, amendment and addition made by AHPL in the Subscribership Rules at its sole discretion shall be binding on the Subscriber.
- OTHER TERMS
- The Subscriber agrees that AHPL reserves its right to use the rooms in tie up property for Free Inward Travellers (FIT) or other guests irrespective of season classification at its sole discretion. Certain tie up property under AHPL may have rooms earmarked exclusively for FIT/other guests and Subscriber agrees to the same.
- Rooms earmarked for FIT/other guests may be made available by AHPL to Subscribers opting for it depending on availability and eligibility. The Subscriber agrees not to make any claim whatsoever against AHPL on the ground that such rooms do not have similar amenities and facilities as the rooms provided to the Subscriber.
- The Subscriber may avail holidays during the season as per Subscribership entitlement by choosing dates and in a tie up Resort listed under AHPL subject to availability. It may be possible that sometimes the Subscriber may not get his/her preferred dates/ resort due to non – availability and in such event the Subscriber may opt or AHPL may offer different resort or different dates subject to eligibility.
- A Subscriber may transfer the Subscribership subject to terms and conditions prevalent at the time of transfer.
- The Resort Condominium International Inc. (RCI) Exchanges shall be enjoyed by a Subscriber subject to the terms and conditions of RCI.
- The Subscriber hereby agrees and undertakes to provide all the relevant Know Your Customer (KYC) documents as requested by AHPL in accordance with the Government norms and also as prescribed by AHPL from time to time. The Subscriber also agrees to update the KYC with AHPL as and when there are any changes in the information submitted earlier.
- The Subscriber fully understands and confirms that all the payments made by the Subscriber towards the Subscribership Price to AHPL is for the purchase of CMBM and the same is not towards any scheme of investment/any investment Plan and there is no return/promise on profits/return/income on the Subscribership price paid to AHPL.
- AHPL reserves its right as and when it deems proper to convert Nights into the Week/days or any other system without affecting any of the benefits/rights of its Subscribers and customers in order to provide flexibility to the Subscriber in enjoying the holiday across the locations, in different seasons and apartments.
- AHPL reserves its right to affiliate with any other holiday exchange company in the place of RCI for providing domestic and international exchanges. In such event, Subscriber shall be entitled to benefits subject to the applicable terms and conditions and on payment of prescribed fee.
- AHPL reserves the right to enter into any arrangements with any company/person/firm/Association of Person (AOP) for provision of any additional services to the Subscriber. The Subscriber are entitled to utilize such additional services on payment of such charges/fees as may be applicable/prescribed by AHPL from time to time.
- Any promises and commitments, made either in writing or in words by any person representing AHPL, outside the purview of or in contradiction to the Rules are not binding on AHPL.
- If any provision or provisions of the Rules are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
- TERMS AND CONDITIONS FOR ENJOYMENT OF RCI EXCHANGES
- Through AHPL’s affiliation of the AR to Resort Condominium International Inc. (RCI), the Subscriber is entitled to RCI Exchanges, which are provided by RCI and AHPL would only facilitate the exchange by “banking” the Subscribers’ location/week as allotted with RCI.
- AHPL shall arrange/provide Subscribership of RCI to the Subscribers for the initial enrolment term of 2 years only with RCI. Subscriber would receive his/her Subscribership Kit directly from the RCI. Subscriber would have option to continue the RCI Subscribership after initial period of two years by paying the renewal/subscription fee for the same to the RCI directly.
- In case of exchange with RCI aforesaid, AHPL would allow the Subscriber to advance his/her holiday of the next two years.
- This RCI Exchange facility is by virtue of the contract between RCI and the CMBM Subscriber. The Subscriber shall abide by all rules, regulations, guidelines, conditions, modifications etc., as may be prescribed by RCI from time to time. The liability and responsibility of AHPL in respect of RCI Exchanges is only to the extent of enrolling during the initial enrolment term and Subscriber agrees to the same. It is clearly understood that RCI Exchange/Holiday is subject to availability of RCI destinations and is a matter purely between the Subscriber and RCI for which AHPL shall not be liable or responsible in any manner whatsoever for either the availability or the quality/standards.
- MEDIATION, ARBITRATION AND JURISDICTION
- Mediation: In the event of any disputes/differences pertaining to this agreement, the parties shall be entitled to settle the same through mediation. The Subscriber and AHPL shall first attempt to settle the same through mediation by mediator plighted by AHPL. The time limit for such mediation is 30 days subject to extension by mutual consent. If the mediation fails, the parties shall have the right to go for Arbitration as per clause 13.2 below. The mediation clause shall not prevent the party from seeking urgent interim relief. The limitation period shall stand extended by the duration of the mediation.
- Arbitration: All or any disputes, differences or questions arising out of this transaction shall be settled by Arbitration by a sole arbitrator to be plighted by AHPL. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The venue of such arbitration shall be Mumbai. The language used in the arbitration proceedings shall be English only. The award passed by the arbitrator shall be final and binding on the Subscriber and AHPL.
In respect to any matters pertaining to this transaction, only the Civil Courts in Vadodara City shall have jurisdiction to the exclusion of all other Courts.
HOTEL CANCELLATION POLICY
- Booking cancelled within 24 hours of check-in will attract the normal cancellation charges.
- Rates quoted are per room, per night and based on availability at the time of reservation.
- Aananta Holidays Private Limited. (“AHPL”) reserves the right to add, alter, modify all or any of these terms and conditions, or replace wholly or in part, this offer by any other offer, whether similar to this offer or not, or to withdraw it altogether, without prior notice.
- AHPL shall not guarantee or be held responsible or liable for any product or service offered by the hotels which is not within the control of AHPL.
- Decision of AHPL in all matters connected with or incidental to this offer shall be final and binding.
- Any disputes arising out of this offer shall be subject to the exclusive jurisdiction of competent courts in Vadodara, Gujarat.
- All other standard terms and conditions available at aanantaholidays.com shall apply.
