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- A. Rao Holidays is a private limited firm incorporated under companies act 2013
- B. "Applicant" means any person(s) who is/are potential Vacationer/user who has applied for membership to the Rao Holidays a unit of Harsha Holidays and Resorts private Limited.
- C. "Vacationer/User" means the applicant whose application for membership has been approved by the Management/authorized person of Rao Holidays and in whose name the Rao Holidays certificate is issued on the realization of the Down payment.
- D. "ANNUAL MAINTENANCE CHARGES" or "ANNUAL SUBSCRIPTION FEES" means the charges which are decided by the Management of Rao Holidays to be paid by the Vacationer/User every year.
- E. "INTERNATIONAL EXCHANGE FEES" means the fees which the vacationer has to pay, to access various facilities as prescribed by the Government/service providers of the respective nations, before the booking and which may vary from time to time.
- F.Purple Season means the period of Diwali week and Christmas to New Year.
- G. White Season means the time of the year which is not earmarked as "Purple Season".
1. APPLICATION PROCEDURE
- 1.The application for membership to the Rao Holidays may be made as per the prescribed format approved by the management ('application Form") that forms a part of the Membership Terms and Conditions.
- 2. The Membership is subject to the Terms and Conditions, the rules and regulations made thereunder and as amended from time to time by the management and as notified to the members by putting up a copy thereof at the Office Premises/Website or any other suitable place ("Rules and Regulations").
- 3. The Terms and Conditions include the FEE STRUCTURE for the Membership as on the date thereof as amended from time to time by the Management. Further PLAN & FEE STRUCTURE ARE FORMING PART OF THIS AGREEMENT
- 4. The Management of the Rao Holidays vests exclusively in the Partners of Rao Holidays and its authorized executives and who in these Rules and Regulations are referred to as "Management". The Management reserves the right to reject or to conditionally accept the Application Form without assigning any reason whatsoever. A member ("Member") is a person whose application has been accepted by the Management/authorized persons.
- 5. . A member has the right to use the facilities provided by the Rao Holidays on the days and during the time as has been specified by the Management. The Management may further notify the calendar days as Purple and White Days as well as another category which might be notified to the member from time to time.
Eligibility :
Persons indicated in clause "category of membership" hereinabove can offer their application for membership as per the details as given in Clause "Procedure" hereinbelow. No individual member, corporate who has been declared to be an undischarged insolvent or has been convicted by a court of law shall be eligible for the membership or the nomination to the Golf Resort.
Corporate shall be eligible to nominate a fixed number of persons for some time as provided for in the Fee Structure.
DEFAULT CLAUSES
- a. The application for these Vacationers/Users needs to be submitted along with a copy of Identity Proof and Address Proof. The Vacation charges mentioned should be paid online in favour of "Rao Holidays".
- b. Individual applicants/members seeking Membership are required to submit the duly filled-in Application Form, submit KYC documents, make payment for his availed membership and complete all other formalities in all respects pertaining to membership. Management of the Rao Holidays has the absolute right to accept or reject any application for membership at their sole discretion without assigning any reason whatsoever and the applicant shall have no right to challenge the decision of the Management. Membership is awarded only after proper& complete procedure is followed as decided by management. b. Cash Remittance- if any should be made only to "Rao Holidays" ACCOUNT DEPARTMENT and spot receipt should be obtained along with a mail generated email sent to the registered mail address of the "Vacationer"/ User. The management/company will not be held responsible under any circumstances for cash payments to be made to company sales personnel or any employees or marketing associates.
2. Vacationers Usage Rules:
- a.. A Vacationer is entitled to use the enrolled membership nights every year as per the membership.
- b. The calendar year is divided into 365 days with Peak and non-Peak Seasons
- c. The accommodation shall be provided in Standard rooms subject to availability.
- d. Vacationer/User is entitled to accommodation for the selected time and period.
- -1. Either for two adults with one Kid below 12 years of age
- -2. A standard room can accommodate a maximum of(a) two adults along with one washroom only.
- -Children above 12 years of age shall be considered as adults. The criteria for age shall vary depending on the terms and conditions of the respective properties/resorts/hotels at which the agreement is being made. Extra beds will be provided at the rate as applicable in the allied (respective) properties/resorts/hotels.
- Dependent vacationers above Twelve (12) years shall be considered as adults.
- e. Vacationer traveling with 3 adults, the charges for one extra person will be borne by the vacationer/User and in case 2 rooms are allotted to member then nights deducted will be as per multiple apartment booking. All the bookings and room allocations will be subject to availability at the respective resorts/hotels. Further there will be no scope of unnecessary dispute or pressure tactics with the management or its employees regarding the same.
- f. The Vacationer/User will have the right to use their nights, but cannot gift, or cannot split the nights (2nights minimum) without prior information to "Rao Holidays" as per booking terms and conditions.
- g. Vacationers entitlement covers "Rao Holidays" affiliated/associated/allies' properties which are including but are not limited to short/long term lease/tie-ups.
- h.The Vacationers entitlement can be used in any of the alliance properties. The said list is available on the company website and shall be updated from time to time.
- i.The Vacationer user agrees, accepts and confirms that the vacation package is valid only when the company receives the payment in full. The prices may revise from time to time without any prior notice. No dispute regarding the same will be entertained by the management.
3. Process of Availing Holidays:
- a. A member can avail holiday by giving a request for reservation in a prescribed format approved by Rao Holidays. In case of joint applicant request received for availing holiday will be entertained from the principal member only.
- b. All holiday reservations shall be done on a first-come-first serve basis and will be processed subject to eligibility of respective membership and availability at a respective resort/hotel. The booking window will be open 90 days to 07 days before check-in.
- c. The Vacationer/ user agrees and accepts that he/she was informed about the season, terms and conditions of his membership pertaining to booking, procedure of booking and its availability at respective resort/hotel and accordingly he/she will request for booking.
- d. The Vacationer/ user agrees and accepts that he/she understood the booking process and is aware that booking can be done either through mail or through the member login portal on the Website.
- e. The Vacationer/ user understood, agrees and accepts that a white season owner can never travel to purple season whereas purple can travel throughout the year as per availability and booking window. f. The vacationer/User is liable to pay exchange fees for using international tie-ups. The fees may vary between 1000 to 2000 depending on city/country, seasons, and duration of travel.
- g. Notwithstanding anything stated hereinabove Rao Holidays, shall not incur any liability or obligation if it is not in a position or control to fulfil the same because of any War, civil commotion, force majeure, pandemics, Act of God, other notification/s from any court of law, State Government, Competent authority, or Government of India or the concerned countries or any other reason which are beyond the control of Rao Holidays.
4. PARTICULARS OF VACATIONER PACKAGES:
- a. In the case of more than one application, the first user will have the right to request for booking on a particular date. The booking department would revert and subject to availability would confirm the booking and the confirmation of the same would be sent to the VACATIONER user through the mail.
- b. Any booking made cannot be cancelled. The Booking will automatically amount to the usage of that holiday by the Vacationer/User and no dispute to the same will be entertained.
- c. The vacationer/ user can avail of the benefits on full payment of the gateway package with no pending due in the system after receiving the gateway card and kit.
- d. "Rao Holidays" has the right to withdraw any properties/resorts/hotels from the list at any time without prior information.
- e. Booking will be given on a first come first serve basis and is open for booking as specified in the clause below. Booking will be confirmed subject to availability as per our inventory allowed with the hotels/resorts. Any unnecessary dispute or argument pertaining to availability of rooms at the desired resort/hotel will be heard as the company cannot book the rooms which are not availed in advance.
- f. A nominal exchange fee may apply in form of luxury taxes or state taxes which are to be borne by the Vacationer/ user.
- g. Notwithstanding anything stated hereinabove Rao Holidays, shall not incur any liability or obligation if it is not in a position or control to fulfil the same because of any War, civil commotion, force majeure, pandemics, Act of God, other notification/s from any court of law, State Government, Competent authority, or Government of India or the concerned countries or any other reason which are beyond the control of Rao Holidays.
5. General Conditions:
a. Withdrawal of Application and Terms of Refund. The Vacationer/ user/ member understands, agrees and accepts that the Vacation CHARGES or Membership fees or gateway fees are non-refundable under any circumstances and the Vacationer FEES/ membership fees/gateway charges are not a refundable deposit even irrespective of the utilization of the services pertaining to availed membership.
6. TAXES:
a.A Vacationer/user shall be liable to pay all taxes/charges/levies statutory or otherwise imposed by or payable to any government or local body or any other authority on Vacationer price or any other charges arising out of purchase /use of "Rao Holidays" gateway (taxes). Non-payment of taxes and levies shall disentitle the Vacationer/ user from enjoying vacations and shall amount to a breach of contract and result in termination of Vacationer/User agreement and the same is agreed, accepted and confirmed by the Vacationer/User.
7. GENERAL:
- A. The Vacationer/ user agrees, accepts and confirms to purchase Vacationer product of "Rao Holidays" and also accepts the same, subject to the terms and conditions of this agreement.
- B. The Vacationer/ user understood, agrees and accepts the benefits available under these products which are more particularly listed out in this agreement. The Vacationer/user further understands, accepts, agrees and confirms that no benefits other than those listed in this agreement will be available to the Vacationer/ user.
- C. The Vacationer/ user understands, agrees, accepts and confirms that Pickup/drop/sightseeing/flights/breakfast/lunch/dinner/hi-tea/brunch is not a part of his Vacationer product and are purely a Complimentary offer which can be fulfilled subject to availability at particular destination, country, resort/hotel. Further it can be arranged only at an additional charge depending on resorts/place/country and "Rao Holidays " has no responsibility or obligation for such services.
- D. The Vacationer/ user understands, agrees, accepts and confirms that he/she is bounded by Rules and Regulations, terms and conditions of "Rao Holidays" and respective membership, which are duly amended from time to time. The decision of the management of Rao Holidays" would be final in all matters and no dispute for the same will be entertained.
- E. apart from these terms and conditions as mentioned above, all other statutes as applicable shall be binding on Vacationer/ users.
- F. The Vacationer user understands, agrees, accepts and confirms that this agreement SUPERSEDES including but not limited to any communication whether written or oral or any other written communication issued by "Rao Holidays" representative (including company letterhead or stamp).
- G. The Vacationer/ user agrees, accepts and confirms that he/she has gone through terms and conditions, rules and regulations and benefits/obligations and has understood, agreed and accepted the same.
- H. the correspondence from "Rao Holidays" shall be addressed to the first-named applicant only.
8. GENERAL:
a. The Vacationer user agrees and accepts to indemnify, defend and hold harmless from all claims, disputes, litigations, judgments, all costs, and attorney fees resulting from (a)loss, damage, or injury to the user and user family, guests, or their personnel property. (b) any acts or omissions of the Vacationer/ user (C) the booking of or travel in connection with a "Rao Holidays" package (d) the acts, omissions, products, or services of any travel suppliers person or company rendering services in connection with "Rao Holidays" (e) any failure or delay or performance by any travel supplier. "Rao Holidays" is not responsible or liable for lost, stolen, or misplaced items. Vacationer/ users are also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool / Jacuzzi features.
9. ARBITRATION:
a. In the event of any difficulty, the Vacationer/ user can contact the call center team of "Rao Holidays". In the event, the Vacationer/User is not satisfied, the Vacationer/User shall discuss the issue with the resolution cell of the "Rao Holidays" at Ahmedabad. Even thereafter, if the parties fail to reach an amicable solution. All or any dispute and difference/s which may arise between the Parties, out of or about these Terms and Conditions, shall be finally settled by arbitration in Maharashtra only by an arbitrator appointed by the Company, under Arbitration and Conciliation Act, 1996. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment upon the award rendered may be entered in the court of competent jurisdiction.
10. JURIDICTION AND APPLICABLE LAW:
These services rendered hereunder are subject to all the applicable laws and regulations of India and the courts of Law, Palghar District , Maharashtra only shall have exclusive jurisdiction and there will be the exclusion of all other courts to try and decide the dispute of any kind between the parties hereto.