1 MAIN TERMS :
· “AHPL” means Aananta Holidays Pvt Ltd, a public limited company, incorporated under the provisions of the Companies Act, 1956, which term wherever applicable shall include its successors-in-interest and assigns.
· “AHPL” refers to the specific vacation prepaid plan offered by AHPL on Night basis with entitlements and privileges as specified herein
· “Subscriber Subscription Form” (SSF) means the Subscription form prescribed by “AHPL” and signed by the Main Applicant and the Co-Applicant for purchase of prepaid plan. The SSF contains the Rules of the Subscription, Payment Plan, Customer Review of Confirmation of Understanding of Subscription Rules and other documents.
· “Subscription Nights” (P) refers to the entitlement of the Subscriber, in whose name the AHPL certificate is issued, to avail accommodation in the tie up properties of AHPL Resorts as provided by AHPL from time to time.
· “Subscription Night Planner “(SPP) means the table showing the number of Nights required by a Subscriber for using the different type of accommodation as available in AHPL.
· “Subscription Price” means total amount payable for purchase of Subscription Nights as may be determined by AHPL from time to time. The Subscription Price shall comprise of: (a) a non-refundable one-time Admission Fee (AF) for enrolling into AHPL prepaid being 60% of the Subscription Price & (b) an Entitlement Fee (EF) payable towards availment of entitlements by subscriber during the Subscription Usage Period being 40% of the Subscription Price and includes Taxes, interest as applicable on the Subscription Price.
· “AHPL” means resorts make tie up through any other arrangement by AHPL and specifically made available for availing holidays from time to time for use of AHPL Subscribers.
· “Non Aananta Holidays Pvt Ltd.” (AHPL) means associate resorts and other resorts tied up for room arrangement whether in India or abroad and specifically made available for availing holidays from time to time for use of AHPL Subscribers.
· “Day” means a time interval between the check-in time of a specified calendar date and the check-out time of the subsequent calendar date which will vary from resort to resort.
· “Down Payment” means the minimum upfront payment made by the Subscriber towards the Subscription Price as fixed by AHPL from time to time and as has been mentioned in the Subscriber Subscription Form (SSF).
· “AHPL Subscriber” means any individual (s) in whose name the AHPL Certificate is issued.
· “Co-Applicant” means a person who is nominated by the Subscriber to enjoy the benefits of the AHPL Subscription along with the subscriber and being the spouse of the Subscriber.
· “Subscription Usage Period” means a period of Subscription prepaid for tenure 3, 5, 10 years commencing on the 1st day of the 2nd month from the month of admission as a Subscriber.
· “Individual” means a natural person.
· “Season Classification” means the division of the entire calendar year into such number of seasons as fixed by AHPL from year to year and announced at the start of the calendar year. The Season Classification may vary from resort to resort in respect of a particular year.
· “Privileges” means and includes benefits of Accumulation, advancing of holiday entitlement, and all other services, that the Subscriber may avail at the discretion of AHPL in connection with AHPL during the Subscription Usage Period.
· “Weekend” means and includes Friday night and the following Saturday night.
· “Year” means the rolling year (12 calendar months) commencing from the date of the start of Subscription Usage Period.
· “Taxes” means the taxes and levies more particularly described herein under in Clause 9.1.
· “Rules” or “Subscription Rules” means terms and conditions provided under this Main Terms and Procedural and Reservation Rules and such other terms and conditions as may be prescribed by AHPL from time to time in respect of the AHPL Subscriber.
· “Withdrawal of Subscription/Subscription” means the withdrawal of subscription of AHPL within 7 [calendar] days of the date of realization by AHPL of the Down Payment which would result in FULL REFUND as detailed in the Clause 8.1 herein below.
· “Cancellation of Subscription/Subscription” means the cancellation of the AHPL by the Subscriber any time after the 7 [calendar] days of the date of realization of down payment by AHPL resulting in REFUND of Subscription Price paid subject to the terms and conditions as detailed in the Clause 8.3 herein below.
· “Procedural and Reservation Rules” means the terms and conditions in respect of Usage of Holidays, Privileges (Accumulation and Advancing, Top up), Transfer of Subscription, Access Fee, etc. as contained in Annexure hereto.
2 PART A: AHPL SUBSCRIPTION ADMISSION RULES
ADMISSION OF SUBSCRIBER
· A Subscriber is admitted as a subscriber of AHPL with effect from the date of signing of SSF by the Subscriber and co-applicant subject to realization of the Down Payment by AHPL. AHPL may at the request of the Subscriber, agree to receive the balance Subscription Price in instalments under a payment plan of AHPL or any other financing arrangement approved by AHPL. In the case of instalment payments, the Subscriber shall deliver post-dated cheques/Automatic Clearing House (ACH)/Credit card authorization Forms or in any other manner as may be prescribed by AHPL. The Subscriber further binds himself/herself irrevocably to pay the instalment amounts towards Subscription Price and undertake to ensure due and prompt payment under the instalment plan opted by the Subscriber.
· A Subscriber will be credited with the entitlement night year on year and will be able to avail the benefits/privileges as per the Subscription rules.
· The Subscriber further recognizes and agrees that the Admission Fees (AF) which constitutes 60% of the Subscription Price is non-refundable.
· The Certificate of Subscription shall be sent through e-mail/post/courier by AHPL to the subscriber’s registered e-mail/postal address as mentioned in SSF subject to necessarily Know Your Customer (KYC) documents received from the subscribers within 30 working days after the expiry of the 7 working days from the date of realization of the DOWN PAYMENT unless AHPL has received a request for withdrawal from the subscriber.
· Subscriber has a limited and non-exclusive license to use the tie up property and the amenities provided, in accordance with the terms and conditions. Additional restrictions shall apply to Subscribers for use of certain amenities
3 PART B: SUBSCRIBERSHIP USAGE RULES
· ENTITLEMENTS OF SUBSCRIBER
· Subject to the terms and conditions contained in the Rules, and subject to the Subscriber complying with the said Rules, Subscriber is entitled to avail holidays based on a set of Nights credited every year which the Subscriber has subscribed for as specified in the certificate of Subscribership in any of the AR/NAR during the Subscribership Usage Period.
· The Subscribership Usage Period (Holiday Start Date) shall commence on the 1st day of the 2nd month from the month of admission as a Subscriber.
· SUBSCRIBERSHIP PLANNER
· Subject to the terms and conditions contained in these rules and subject to the Subscriber complying with the said terms and conditions, the Subscriber is entitled to avail Holidays, year after year in any of the tie up property of AHPL in any type of Apartment or any combination of Apartment(s) at any time of the Year based on Season Classification by surrendering such number of Nights as per the given planner subject to the availability of accommodation. Number of Nights applicable on per day basis in a AR/NAR for each apartment type and season, Resort and Weekday/Weekend (including Public Holidays collectively referred herein below as Weekend) as shown in MPP planner below
· All tie up property resorts (AHPL) are classified into 2 different categories: Cat A and Cat B for the purpose of the Subscribership Night Planner and the same are available in AHPL’s website https://aanantaholidays.in this categorization into Category A and Category B is subject to change.
· Burn rate may vary at the sole discretion of AHPL and the same will be notified on the website of AHPL. AHPL at its sole discretion may allocate different Burn rate for Resorts/Season/Apartment/Weekday/Weekend.
· Any changes/amendments in Subscribership Planner (MPP) required for availing holidays will be provided on the website https://Aanantaholidays.in Any addition, to the list of AR/NAR will be done by suitably amending the MPP indicating the Nights required for availing accommodation in such AR/NAR.
· DEFAULT IN PAYMENT OF INSTALMENTS
· In cases of default in payment of any instalment/s, AHPL shall have the right to terminate the CMBM in accordance with the Rules. In the event of such cancellation, the provisions and deductions mentioned in Clause 8.4 below shall apply.
· Without prejudice to the right of cancellation, AHPL reserves the right to charge interest at the rate of 18% per annum for any delayed payment of installment from the Subscriber.
· In case of part payment made by the Subscriber towards any outstanding, the same shall first be appropriated towards interest and then other dues/outstanding.
· ADDITIONAL FEES/ACCESS FEES
· AHPL reserves the right to charge additional fees including access fee or such other charges, as may be prescribed from time to time in respect of usage/experience in NAR and resorts located outside India
