Terms & Conditions:
DEFINITIONS:
a. "MVPL" means Madhav Vacation Private Limited is a company incorporated under Companies Act 2013 (18 of 2013) and the company is limited by shares.
b. Applicant means any person(s) who is/are potential Vacationer/User who has applied for Membership to the MVPL.
c. "Vacation User" means the applicant whose for membership has been approved by the management authorized person of MVPL and in whose name the MVPL certificate is issue on realization of Down payment.
d. Annual Maintenance Fees or Annual Subscription Fees (ASF) means the charges which are decided by the management of MVPL to be paid by the Member Every Year.
e. International Exchange Fees means the fees which the Member has to pay to access various facilities as prescribed by the Government/Service providers of the respective nations prior to the booking & which may vary from time to time.
f. Blackout days means the time period for the month of Diwali & Christmas to New Year. And will update from time to time as per Calendar Year.
g. Holidays Season Means the time of the year which is not earmarked as "Blackout Days".
h. Membership is classified into three types ( Classic , Premium and Super Premium membership) which is mention in Agreement copy / Welcome letter at time of signing the membership . Classic Membership Means Properties with 3 Star Hotels/ Resorts, Premium membership means properties with 3 star and few 4 star Hotels/ resorts & Super Premium Membership means properties with Exclusive of 4 Star & few 5 Star Hotels/ Resorts & MVPL have the rights to withdraw any properties from the list at any time without prior information. The said list available on company website/Application & shall be updated from time to time.
APPLICATION PROCEDURE:
1. The application for the Membership to the MVPL may be made as per the prescribed format (Application Form) that forms a part of the membership Terms & Condition.
2. The Membership is subject to terms & conditions .The rules & regulations made there under and as amended from time to time & as notified to the members by putting up a copy thereof at the office Premises/website or any other suitable place. (Rules & Regulations).
3. The Terms & Condition includes the FEE Structure for the membership as of the membership agreement sign date thereof as amended from time to time by the management. Plan & FEE structure is forming part of this agreement.
4. The Management of the MVPL vests exclusively in the directors of MVPL and its authorized executives & who is who in these Rules & Regulations are referred as the management. The Management reserves the right to reject or to continuously accept the applications form without assigning any reason whatsoever. A member ("Member") is a person whose applications has been accepted by the management/ authorized person.
5. A member has a right to use the facilities provided by the MVPL on the days during the time as has been specified by the management. The management may further notify the calendar days as Blackout Days & holiday's days as well as other category which might be notified to the member from time to time.
6. Payment made under Madhav Events and Realtor will be considered as the payment done for the membership of MVPL and all terms & conditions of Madhav Vacation Private Limited will be applicable. Digital Member: People enrolling membership plan through online mode using platforms such as Facebook, Instagram, etc. and have agreed terms through website. Digital member are default classic member.
1. ELIGIBILITY:
a. Person Indicated in Clause "Category of Membership" here in above can offer their application for Membership as per the details as given in clause "Application Procedure" herein below no individual member, corporate who has been declared to be an un-discharged insolvent or has been convicted by a court shall be eligible for the membership or the nomination to the facilities of Membership plans. A corporate shall be eligible to nominate a fixed number of people for a period of time as provided for in the Fee Structure.
Default Clauses:
a. The Application for these Vacationers needs to be submitted along with a copy of identity Proof & Address Proof, The vacation charges mentioned should be paid via Cheque/DD/ Credit Card/Debit Card favoring MVPL individual members & corporate applicants/members seeking membership are required to submit the duly filled in application form complete in all aspects. Management of MVPL has absolute right to accept or reject application for membership at their sole discretion without assigning any reason whatsoever & the applicants shall have no right to challenge the decision of the management. Membership is awarded only after then proper & complete procedure is followed as decided by the management.
b. Cash Remittance if any should be made only to MVPL account department & spot receipt should be obtained along with a mail from official email id from representatives of MVPL with a domain of madhavvacations.in sent to the registered mail address of the "Vacationer". The company will not to be held responsible under any circumstances for cash payment to be made to company sales personnel or any employee or marketing associates.
2. MEMBERSHIP USAGE RULES:
a. A Membership is entitled for 6 Night & 7 Days Every Year.
b. The Calendar year is divided into Blackout & Holidays Seasons.
c. The accommodation shall be provided in Regular or Superior rooms subject to availability.
d. Member is entitled for accommodation of the selected time & either for 2 adult & 2 Kids below 12 years or 3 adult.
e. A standard room can accommodate maximum of either 3 adult or 2 adult & 2 Kids below 12 years, children above 12 years of age shall be considered as an adult. (The criteria of age shall be varying depending on the terms & conditions of the respective properties at which the agreement is being made. Extra bed will be provided at the rate as applicable by the allied properties dependent vacationers above 12 years shall be considered as an adult)
f. Member travelling with 4 adults must either have a 1 BR membership or in a case of booking for 2 rooms & not having such membership second room cost has to borne by the Members, in whatsoever case multiple apartment booking exceeding the maximum size of Persons allowed in a particular membership will not be entertained. All the bookings & room allocations will be subject to availability. There will be no scope of dispute regarding the same.
g. The Members will have right to use their night may also Gift, Split the night with prior information to MVPL as per the booking terms & condition.
h. Member's entitlement covers MVPL affiliated/associated allies the properties which are including but not limited to short/long terms lease/tie ups.
i. The Members entitlement can be used any alliance properties. The said list is on company website/Application & shall be updated from time to time.
j. The Members user agrees that vacations packages are valid only when company receives the payment in full. The prices may revise from time to time without any prior notice.
k. Members are not entitled for any holidays if any of the EMI is unpaid/due, Failure to clear AMC/ASF will be breach of agreement & vacation cannot be utilized until dues are cleared. The vacationer is aware that failure to clear dues, MVPL has the right to terminate the Members package.
l. The enrolment offer will be valid for one year from the date of Membership purchased. Enrolment benefits cannot be clubbed with regular nights/holidays in any whatsoever situation.
3. PROCESS OF AVAILING HOLIDAYS:
a. A Member can avail holidays by giving a request for a reservation as prescribed by MVPL in case of joint applicant request for availing holidays will be entertained from the principal member or co-applicant.
b. All holidays reservations shall be done on a first come first serve basis and are consequently subject to eligibility & availability. Booking window will be open 60 days in advance to 15 days prior for domestic and 60 days to 45 days prior for International holidays to all members irrespective of "CATEGORY OF MEMBERSSHIP PLAN".
c. The Member user agrees that he/she was informed about the blackout period/membership categories & he/she will be making the booking request accordingly.
d. The Member user agrees that he/she understood the booking process & aware the booking can be done either through Call Centre or through member login portal on website/mobile app only no other medium would be considered as request raise by Member.
e. The Member understood that he/she can never travel in blackout days rest he can book throughout the year as per membership planned & which is not earmarked as a "Blackout Days" as per availability & booking windows.
f. The Member might be liable to pay an Exchange fees for using international Tie-Ups. The fees may vary depending on City/Country seasons & duration of travel.
g. Notwithstanding anything stated herein above MVPL shall not incur any liability if it is not in a position to fulfill its obligation by reason of any war/unavoided circumstances. Civil commotion, Force Majeure, Pandemics, Act of God, other notifications from any Court of Law or Government of India or the concerned countries or any other reason beyond the reasonable control of Madhav Vacation Private Limited.
4. ANNUAL MAINTENANCE FEES: (AMS/ASF):
a. The Member user agrees to Pay Annual Maintenance Charges AMC/ASF (Annual Subscription Fees) of Rs.4999/-for 1 room and Rs.7999 for 1BR/ 2 Room every year together with applicable taxes or other similar taxes if any. AMC/ASF applicable from the effective date of Membership & will be revised without prior notice. The first maintenance will be payable after 60 days of enrolment or before availing first holidays, whichever comes first. The AMC is payable online & payable every year irrespective of usage of vacationers/vacations/facilities/ amenities. Failure to clear AMC/ASF will be a breach of of agreement & vacation cannot be utilized until dues are cleared, The vacationers is aware that failure to clear dues Madhav Vacation Private Limited has the right to terminate the Membership Packages.
b. AMC/ASF is non-refundable & non-payment of AMC/ASF would amount to breach of contract & the member would not be liable to access the facilities as per the agreement any longer.
c. MVPL reserves the right to charges additional fees including access fees or such other charges as may be the prescribed from time to time for usage of India or International properties.
5. PARTICULARS OF MEMBERSHIP PACKAGES:
a. In case of more than one application, the first user will have the right to request for booking on particular dates. The booking department would revert & subject to availability would confirm the booking & the confirmation of the same would be sent to the Member user through mail.
b. Any booking made cannot be cancelled 15 days prior to holidays check in date; the booking will automatically amount to usage of that holiday by the vacationer.
c. The vacationer user can avail the benefits on full payment of gateway package with no due in system.
d. The vacationer user can avail the benefits only after his holiday start date mentioned in welcome letter or post 3 month of receiving of membership application form whichever is later.
e. Madhav Vacation Private Limited has the right to withdraw any properties from the list at any time without prior information.
f. Booking will be given on first come first serve basis & is open for booking as specified in clause below. Booking will be confirmed subject to availability as per our inventory allowed with hotels/resorts. A nominal exchange fees may be applicable in form of luxury taxes or state taxes or taxes with any other name regulated by the government or any other person beyond the reasonable control of Madhav Vacation Private Limited.
6. GENERAL CONDITONS:
a. Withdrawal of Application & Terms of Refund: The Vacation user member understand that the vacation charges or membership fees or gateway fees is/are non-refundable under any circumstances and the vacationer fees membership fees/gateway charges is/are not refundable deposit even irrespective of the services utilization in whatsoever situations.
b. Transfer of Membership:
i. In the event of death of vacationer applicant, the entitled package can be transferred to the surviving co-applicant, subject to all liabilities & obligations of the deceased & on the production of death certificate of the deceased.
ii. In the event of vacationer user dying intestate, the entitled package will be transferred to the legal heirs on production of death certificate documents as required by MVPL.
7. TAXES:
a. A Vacationer User shall be liable to pay all taxes/charges levels statutory or otherwise imposed by or payable to any government or local body or any other authority of Vacationer.
b. Price / AMC or ASF any other charges arising out of purchase/use of "Madhav Vacation Private Limited" gateway (Taxes). Non-payment of taxes & levies shall disentitle the vacationer user from enjoying vacations & shall amount to breach the contract & result in termination of Vacationer agreement.
8. GENERAL INFORMATION:
a. The vacationer user understood the benefits available under these products which are more particularly listed out in this agreement. The vacationer user further understands that no benefits other than those listed in this agreement will be available to the vacationer user.
b. The vacationer user understands that pickup/drop/sightseeing/flight/breakfast/lunch/
Dinner-tea/brunch is not a part of his vacationer product unless mentioned in offer column in the agreement. It can be arranged at additional charges depending on resort/hotel/place/country & MVPL has no responsibility for such services unless mentioned as enrolment benefits.
c. Apart from these terms & conditions as mentioned above, all other status as applicable shall be binding on vacationer user.
d. The vacationer user understands that this agreement SUPERSEDES including but not limited to any communication whether written or oral or any other written communications issue by MVPL representative (Including company letter head or stamp).
e. The vacationer user agrees that he/she have gone through terms & conditions & benefits/obligations & have understood & accept the same.
9. ARBITRATION:
a. In the event of any difficulty, the vacationer user can contact the Call Centre team of Madhav Vacation Private Limited in the event of vacationer user is not satisfied.
b. All or any dispute and differences which may arise between the parties, out of or in relation to this terms & conditions shall be finally settled by arbitration in Ahmedabad by the arbitrator appointed by the company under arbitration & Conciliation act 1996.
c. The parties further agree that the awards of the arbitrator are binding upon the parties & that the judgment upon the award rendered may be entered in the court of competent jurisdiction.
10. JURISDICITON & APPLICABLE LAW:
a. The services rendered here under are subject to all applicable laws & regulations of India & the court of Law. Ahmedabad city only shall have exclusive jurisdiction & there will be exclusion of all other courts to try & decide dispute, if any kind between the parties hereto.
b. MVPL is a company incorporated under companies act 2013 (18 of 2013) and the company is limited by shares.
c. Renting or Gifting of the days is a Member responsibility; MVPL does not undertake any responsibility or liability.
d. Member can gift their holiday nights to friends/ Relative by paying the nominal guest fee as per the gifting terms and conditions prescribe from time to time.
e. Guest is entitled to go on holiday in semi peak/ non-peak season only as per the calendar year.
11. DEFAULT IN PAYMENT OF INSTALLMENTS:
a. Without prejudice to the right of cancellation, MVPL reserves the to charge interest at the 18% per annum for any delayed in payment of installments by the member.
b. In case of part payment made by the member toward any outstanding, the same shall first be appropriated towards any dues/outstanding.
12. TERMINATION BY MVPL:
a. MVPL reserves the right to terminate the Membership of the Member on occurrence of any of the following events.
i. Breach of Rules by the Member.
ii. Default in Payment of Membership Price by the Member.
iii. Any other action by the member and/or occurrence of any event or situation within the premises of MVPL which constitutes a criminal offence.
iv. Member indulging in any commercial activity by way of renting/or any other manner by the member of his/her/its vacation through online portals, web advertisement, agents or through any other modes/means.
v. Inappropriate/abusive/behavior/acts/causing nuisance by the member at any of the premises of MVPL.
b. In the event of Termination on the basis of any of the above clauses, the refund shall be in accordance with subject to the terms & conditions herein above. The member shall not be entitled for refund of any utilized vacations further, the member shall not be entitled to the refund of any service tax or any other taxes may have been paid by MVPL in connection with the MVPL Membership to any statutory authority.
13. AMENDEMENT TO THE RULES:
a. The member agree that MVPL shall have the right to modify/amend/alter the terms & condition contained in the membership rules and / or impose its sole discretion including but not limited to Reservation & procedural rules and any such modifications/ amendment / alteration as aforesaid would be communicated to the member through publication on the website of MVPL / through registered e-mails or any other modes.
b. Further such modifications, alteration, amendment and addition made by the MVPL in the membership rules at its sole discretion shall be binding on the Member.
14. OTHER TERMS:
a. If for some reason, MVPL is unable to provide vacation after issuance of confirmation voucher in the allotted dates, MVPL shall provide alternate accommodation. In all cases where MVPL provides alternative accommodation, the same will be in lieu of the number of nights confirmed in the confirmation voucher by MVPL & Member agrees the same.
b. MVPL reserves the right to enter into any arrangement with any company / person / firm / association of person (AOP) for provision of any additional services to the member. The Members are entitled to utilize such additional services on payment of such charges/fees as may be applicable / prescribed by MVPL from time to time.
c. Any promises & commitment made either in writing or in words by any person representing MVPL, outside the purview of or in contradiction to the rules are not binding on MVPL.
15. MEMBER DECLARATION:
a. I/We have received a copy of the membership rules for my detailed perusal post the explanation & understanding given to me of the terms & condition today on the date hereunder written.
b. I/We are aware of the MVPL are aware of the MVPL Membership Terms of the Membership and agree to abide by the same.
c. I/We confirm & agree that Telemarketing Centre of MVPL is authorized to contact me through telephone for communicating promotions, events & benefits related to my MVPL Membership on my telephone/mobile number whether listed or not in any Do Not Call (DNC Registry).
d. I/We confirm & agree that MVPL is authorized to contact me through E-Mail/through other modes of communication.
e. I/We certify that the above details furnished are accurate. I/We have gone through the above Membership rules of the MVPL Membership & agree to abide by the same.