1. RIGHT TO USE THE BEJOY HOLIDAYS PVT LTD HOME/HOTELS/RESORTS-
- By entering into the Agreement, the Member agrees that he/she is not acquiring any proprietary rights or interest in BEJOY HOLIDAYS PVT LTD and /or its affiliates,BEJOY HOLIDAYS PVT LTD Hotel / Resorts, any portion of the land, improvement and/or other fixtures annexed to them whatsoever.
- BEJOY HOLIDAYS PVT LTD may issue the Member with identification cards or any other similar means for the purpose of identification when provided by BEJOY HOLIDAYS PVT LTD Hotel /Resorts.
2. WELCOME PACK
- Members shall receive a BEJOY HOLIDAYS PVT LTD Welcome Pack comprising one Membership card, a welcome letter, Gift voucher and a copy of these club rules upon the full settlement of the total sum of the payment due. The material mentioned above shall be delivered to the Member’s correspondence address within six (6) Weeks from the date of purchase subject to the country of residence of the Member and the local delivery system.Subject to the Member’s place of residence, Member may be required to collect the abovementioned materials from a pick up location designated by BEJOY HOLIDAYS PVT LTD in the respectivejurisdiction.
- Members may begin to enjoy the rights and benefits of BEJOY HOLIDAYS PVT LTD Club Membership by utilizing the facilities provided by BEJOY HOLIDAYS PVT LTD Home Hotel/Resorts receivingthe welcome letter and BEJOY HOLIDAYS PVT LTD ID card with number.
3. RULES OF OCCUPATION AND USAGE FEE-
- The Member shall pay BEJOY HOLIDAYS PVT LTD the Usage Fee at the time of reservation of any BEJOY HOLIDAYS PVT LTD Hotels /Resorts or Exchange Unit or Accommodation.
- The Usage Fee entitles the Member to enjoy exclusive accommodation rights subject to availability and non –chargeable facilities such as any swimming pool within the BEJOY HOLIDAYS PVT LTD Hotels/Resorts.. The Member is entitled to special discount when dining in the restaurants and other chargeable facilities operated by BEJOY HOLIDAYS PVT LTD Hotels /Resorts, which may vary from time to time and are subject to availability.
- No refunds will be given to Members who opt to pay the Usage Fee to save their entitlements week.
- Booking during festivals & peak seasonsDeepawali,Holi&Long weekend is strictly subject to availability.
- No. of unused night in Current year can be forwarded to next year.In the next year, firstly the nights of current year Packages would be consumed then those of previous year. The unused Room nights cannot be transferred to the third year.
- The other amenities of properties such as Body massage, Steam bath, Heater, food, Drinks, laundry etc. would be chargeable.
4. RESERVATION AND USAGE AT BEJOY HOLIDAYS PVT LTD HOTEL /RESORT-
- If the Member’s top three preferred choice of Unit or Apartment in BEJOY HOLIDAYS PVT LTD Hotel/Resorts is not available,BEJOY HOLIDAYS PVT LTD shall offer the Member an alternative Use Period or alternative accommodation within other BEJOY HOLIDAYS PVT LTD HOILDAY destination or any other option available .
- The allocations of all Use Period is subject to availability and are on a first –come-first –served basis.
- BEJOY HOLIDAYS PVT LTD has the right to assign an alternate Unit or Apartment of the same size and occupancy as per Unit or Apartment confirmed on reservation.All bookings are for standard Unit or Apartment type only. Any request for a different grade or type only of unit or Apartment (e.g. requested for beach /sea view room) will be subject to an upgrade fee as specified by the hotel/resort, and is subject to availability. Need to pay at hotel or resort condition applied.
- Member should provide BEJOY HOLIDAYS PVT LTD with a notice of at least forty-five (45) for 3(D) and rest of the session 30 days prior to the proposed check-in date to ensure a higher (but not guaranteed) chance of obtaining availability Member may reach BEJOY HOLIDAYS PVT LTD S.
- BEJOY HOLIDAYS PVT LTD members can use the package from 1st year, but In case of EMI, at least 50% of packageamount must be deposited inBEJOY HOLIDAYS PVT LTD’s A/c.
5. CHILD STAY-
- An individual is considered as child if he/she is aged 10 years or below.
- BEJOY HOLIDAYS PVT LTD has all the rights to chargestandard tariff, if the child is of more than10 years of age, with Member at any BEJOY HOLIDAYS PVT LTD Hotels/Resorts.
6. GUEST(S) OF THE MEMBER-
- The Member may grant their guest(s) the Exclusive Right of Occupation to which his/her Membership Certificate relates provided fourteen (14) days prior written notice is given to BEJOY HOLIDAYS PVT LTD detailing the name and address of his/her guest(s).
- BEJOY HOLIDAYS PVT LTD will issue the Member with a Guest Certificate for identification purposes. Guest Certificates cannot be resold or exchanged for cash.
- The Member shall ensure that the BEJOY HOLIDAYS PVT LTDclub rules are complied by his/her guest(s) and shall be liable for any breach of the provision stated herein.
7. LATE CHECK – IN AND NO-SHOW-
- The Member shall inform BEJOY HOLIDAYS PVT LTD in writing via email, of any check-in scheduled later than 4.00pm, at least seventy –two (72) hour or three (3) days prior to check-in date.
- In the event of last minute unforeseeable circumstances such as flight delays, Member who anticipates late arrival, or arriving after the check-in time, shall call the relevant resort or hotel in advance. Failure to inform or notify the relevant resort or hotel of late arrival may result in the unavailability of the reserved room or the room reservation being cancelled.
- If the Member fails to check-in on the date confirmed or fails to complete the period of stay as confirmed, the Fee paid and Entitlement shall not be refunded.
- The Member shall not be entitled to any refund or extension of his/her check-out date in the event of their late check-in or no-show.
- The request for booking cancellation should be informed 5 days prior to the check –in-Date.
- BEJOY HOLIDAYS PVT LTD would not charge extra andthe number of nightwould remain the same.
- The Member shall be responsible for complying with all laws, regulations, orders, demands and requirements of countries flownfrom, into or over and stayed in. BEJOY HOLIDAYS PVT LTD shall not be liable or in any way responsible to the Member in connection with obtaining necessary travel document or complying with such laws, regulation, orders, demands, notices, requirements or instruction, whether given orally or in writing or otherwise, or for the consequences resulting from the Member’s failure to obtain such document and/or to comply with such laws, regulation, orders, demands, notices, requirements or instruction.
9. TRANSFER OF CLUB MEMBERSHIP RIGHTS
- Membership packs in transferable to family member after showing the Relationship certificate.
- Should BEJOY HOLIDAYS PVT LTD consent to a transfer of any Member rights, a fee of 1700 any application fee for the transfer of BEJOY HOLIDAYS PVT LTD Member shall be payable by the transferee. Upon the registration of such transfer, the transferee shall receive a new BEJOY HOLIDAYS PVT LTD Welcome Pack, comprising a BEJOY HOLIDAYS PVT LTD ID card. The transferee shall be bound by the Agreement and the Rules stated herein upon the registration of such transfer.
- NotwithstandingBEJOY HOLIDAYS PVT LTD consent to a transfer, BEJOY HOLIDAYS PVT LTD will not register any transfer of the Membership right until all outstanding payments due to BEJOY HOLIDAYS PVT LTD are settled by the transferring Member.
- No. of remaining room nights can only be utilized by the transferee.
10.TAXES AND SURCHARGES
All additional taxes and surcharges attributable to the provision of services, units or apartment by the Member shall be borne by the Member.Subjectmatter to the Taxes applicable at that time.
11. OBLIGATIONS OF THE MEMBER
The Member shall,
- Only occupy the unit or apartment between the check-in time on the first day and the check-out time on the last day of each period of stay allocated to them in any year.
- Keep and maintain the interior of the Unit or Apartment occupied during the period of stay.The Member shall be liable to pay and indemnify BEJOY HOLIDAYS PVT LTD Hotel/Resort and/or BEJOY HOLIDAYS PVT LTD against any damage, deterioration or dilapidation, other than as a result of fair wear and tear, and damage or destruction by fire or any other insured risk, which may have occurred during his/her period of stay.
- Allow reasonable access toBEJOY HOLIDAYS PVT LTD Hotels/Resorts, on reasonable notice (except in the case of emergency), to enable any repair or maintenance work that is required it be carried out in a unit or apartment during the period of stay.
- Not damage or make any alteration to any unit or apartment allocated during the period of stay.
- Pay all other expenses incurred by the Member during the period of stay including, but not limited to telephone calls and deposits payable upon demands by BEJOY HOLIDAYS PVT LTD Hotel/Resort.
- NotifyBEJOY HOLIDAYS PVT LTD of any changes in their contact details including their permanent address, telephone number and emails address.
12. PERSONAL DATA PRIVACY
- a. BEJOY HOLIDAYS PVT LTD value the Member’s right to privacy. Any information provided by the Member to BEJOY HOLIDAYS PVT LTD shall be treated in confidence except when it is necessary to give effect to any transaction (s) related to the Member or if BEJOY HOLIDAYS PVT LTD is required by law to disclose the same.
13. SHARING OF INFORMATION-
- BEJOY HOLIDAYS PVT LTD may disclose personal information collected from the Member including, but not limited to the name, address and the BEJOY HOLIDAYS PVT LTDID card number of the Member to:
- i. Any bank for the proposes of authorizing transaction and payment;
- ii. Travel agents hotels and resorts associated with BEJOY HOLIDAYS PVT LTD; and
- iii. Regulatory authorities if legally required to do so.
- BEJOY HOLIDAYS PVT LTD may share anonymous and aggregated information of the Member with third parties but will not supply any information to third parties that may lead to personal identification of the Member.
14. PAYMENTSCHEDULE ENFORCEMENT-
- The Member’s failure to settle any payment due under this Agreement and any other fees associated with it within thirty(30) working days from the date of issuance of written notice issued by BEJOY HOLIDAYS PVT LTD, shall constitute as a default under this Agreement.BEJOY HOLIDAYS PVT LTD may at its sole discretion terminate the Member’s membership in the event of such default. The Member shall be liable to in respect of any costs incurred on a full indemnity basis.
- All notice or other communication or processes given or made under the Agreement shall be in writing and delivered or sent to the relevant party by hand in person or by registered mail at their respective addresses set out below. Any process served by registered mail which is not returned to sender within fourteen (14) days of its mailing, shall be deemed duly served and received by the Party to whom it is addressed.
- Place of service may be at different addresses as either duly ordered by the court of competence or the address notified in writing by one party to the other.
16. DURATION AND TERMINATION-
- The Agreement shall commence on the date the Agreement unless and until it is terminated in accordance with Clause 17 of these Rules.
- BEJOY HOLIDAYS PVT LTD shall have the right to terminate the Agreement, upon completion ofthirty (30) days. Through awritten notice to the Member in the event where the Member is in breach of the provision set out in these Rules.
17. CONSEQUENCES OF TERMINATION-
- Any rights granted to the Member under the Agreement or these rules shall cease to be in force upon the termination of the Member’s BEJOY HOLIDAYS PVT LTD Club Membership in accordance with Clause 17 of these Rules.
- No refund of fees shallbe payable by BEJOY HOLIDAYS PVT LTD to the Member in the event of termination.
- Termination of the Agreement shall be without prejudice to any right and liabilities that the Parties may have accrued or incurred under or pursuant to these rules.
18. FORCE MAJEURE-
- BEJOY HOLIDAYS PVT LTD shall not be liable in damages for any delay or defaults which is caused by conditions or event beyond its control, including but not limited to Acts of God, governmental restrictions, continuing domestic or internal problems such as war or insurrection, strikes, fires, floods, work stoppages, embargoes, and/or lack of material.
- The Agreement and the BEJOY HOLIDAYS PVT LTD Club Rules stated herein constitute the entire Agreement between BEJOY HOLIDAYS PVT LTD and the Member. All obligation of the Member herein (when there is joint membership) shall be joint and several.
- The Agreement andthese Rules are legally binding.The Member is deemed to have signed the Agreement and accepted these Rules once the Member has clicked the “Agree” button that appears at the end of the Agreement.
- The Agreement and these Rules constitute the entries understanding of the parties relating to the subject matter of the Agreement and these Rules and supersedes, cancels and replaces all prior agreements between the parties which relate to the same subject matter whether written,oral,implied or which would be inferred from the correspondence, oral statement or conduct of the parties.
- BEJOY HOLIDAYS PVT LTD may revise and amend these Rules without prior notice to the Member.
- Failure on the part of either of the parties to exercise or enforce any right conferred by the Agreement of these Rules shall not be deemed to be a waiver of any such right or operate so as to bar he exercise or enforcement thereof any time.
- Nothing in the Agreement or these Rules shall create or joint venture between the parties, or to establish. A relationship of a principal and an agent or any other relationship of a similar nature between the parties.
- The Agreement and these Rules shall be governed by accordance with the laws of MUMBAI.
- If any provision of the Agreement or these Rules is held to be void and/or unenforceable for any reason, it shall be severed without impairing or affecting any other provision of the Agreement or these Rules and/or in order to achieve the intent of the parties to the extent possible. In any event, all other precision of the Agreement or these Rules shall be deemed valid and enforceable to the full extent possible.
- Any dispute concerned with the formation, performance, interpretation, nullification, termination or invalidation of the Agreement or these Rules or raiding from, or related to, the Agreement or these Rules in any manner whatsoever shall be referred to arbitration in accordance with the Rules adopted by the MUMBAI which Rules are deemed to be incorporated by reference into this clause. For the purpose of any arbitration proceedings commenced pursuant to this clause:
a. The number of arbitrators shall be one.
b. All such arbitration shall be held in MUMBAI, and
c. The language to be used in the arbitral proceedings shall be in English and Hindi.
- Each party hereby agrees that:
a. It will submit to the exclusive jurisdiction of the court of MUMBAI for the purpose of rectifying any award made pursuant to arbitration proceedings conducted.
b. It will not challenge any arbitral award made pursuant to arbitration proceedings conducted.
c. It will not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings conducted inany courtand it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.
d. The Member shall not assign the benefit of the Agreement or these Rules or any interest herein, nor delegate any obligation under the Agreement or these Rules hereunder, without the prior written consent of BEJOY HOLIDAYS PVT LTD.BEJOY HOLIDAYS PVT LTD may assign its right and obligation under the Agreement and these Rules to a subsidiary,parent, successor or affiliate of the Company without prior notice and consent of the Member.
e. All additional services offered by BEJOY HOLIDAYS PVT LTD like,Flight’s Ticket charges and services as per the rules applicable of BEJOY HOLIDAYS PVT LTD S.
20. FINAL ACKNOWLEDGEMENT BY MEMBER-
- The Member hereby acknowledges and agrees that he/she has read, understood, and executed the Agreement and is bound by the Rules set forth herein.