Terms And Conditions
Individuals who are above the age of 18(Eighteen) years can apply for the membership plan offered issued by the “AIHR”
1. Certificate of Membership (CoM)shall be issued and the price will be mentioned in the membership plan
2. Membership term and Membership price (“payment plan”) will be mentioned in this form under the heading “Payment of Membership Price”. The term Commences from the date of issue of CoM.
3. During the term the membership plan will entitle the member to eligible number of night stay as given in the membership plan at:
(i)Various destinations as determined/revised by the “AIHR time to time at its sole discretion, subject to the eligibility, terms & conditions
(ii)Strictly, if there’s no outstanding payment from the member, the member along with his/her spouse and two Kids (below 12 years) (for Studio and 3 Adults and 2 Kids or for 1BR/2 HUS Membership will be ended for night stays subject to the terms of usage in Annexure-I attached.
(iii) The member shall be entitled to avail the Night Stays subject to availability of rooms with the “AIHR” in Resorts/Hotels (i.e. the rooms which the “AIHR” is entitled to allot to member as per “AIHR’s” understanding with the respective Resorts/ Hotels) and one priority basis wherein priority will be given to the members based on membership plan in the following order (I) Platinum & Titanium membership plan, Wherein Titanium will be highest priority and Platinum will be a little less priority compare to titanium. Titanium week-Booking can be done between 120 days to 7 days before the desired holiday’s dates. Platinum week-Booking can be done 90 days to 15 days before the desired holiday dates All holidays are subject to availability as we follow a floating week. Every effort is made to
Ensure our booking system is transparent and other “AIHR” members of higher Membership Plan get and opportunity to book first
(iv) In case of non availability of rooms in Resorts / Hotels as requested by the member, the AIHR” may end over
to offer the member alternate accommodation in another Resort Hotel as available at any destinations different from the Destinations requested by the member, to be determined by the “AIHR” at its sole discretion (“the said Destination”) and the member shall be entitled to avail the Night Stays in alternate Resort/ Hotel at the said Destination
(v) The Member while utilizing the night stays shall comply with rules, policies & T&C of the concerned Resorts Hotels of the “AIHR”, in addition to these T&C 4.Gifted of Night Stays
(i) The member can gift night stays to his/her immediate family member only (“Authorized Person”)
(ii)While gifting the Night Stays, the member shall issues duly filled confirmation voucher in favor of the Authorized Person and shall send the copy of the same to the “AIHR”, on Certificate shall be issued for gifting of the Night Stays so the Authorized Person
(iii)The Authorized Person shall also produce such other documents to the “AIHR” and/or Resort Hotels as required for booking availing of Night Stays to the Resorts/ Hotels
(iv) Notwithstanding anything contained in this clause, the “AIHR” shall have the sole right to refuse the gifting of Night Says to the Authorized Person, if (a) the membership application form of such person was rejected by the “AIHR”, or (b) the Membership Plan of such person was terminated cancelled by the “AIHR”; or (c) is the opinion of the “AIHR”, said and transfer is commercially undesirable to the interest of the “AIHR”, or (d) it is against the Policies and/or policies of the Resorts/Hotels.
(v) “AIHR” decision in regards to the gifting of the nights shall remain final & binding to the members.
(vi) The authorized person shall abide by the T&C of the “AIHR” and Resorts/Hotel’s “AIHR
(vii) However, the member of Titanium membership plan or Platinum membership plan is disentitled from the benefits of this clause, Further; the member shall be disentitled from gifting the Night Stays for and during the Peak Season.
5.Reservation and Carrying Over Night Stays:
(i) Reservations and Carrying Over of Night Stays Reservations to avail the Night Stays shall be made by the member in advance within the booking window as mentioned in the Membership Plan of the proposed stay at the Destinations selected & subject to the Terms & Conditions as stipulated in the membership form Reservations to avail the Nights Stays shall be done on first-come-first serve basis subject to availability of rooms and on the basis of priority as per the Membership Plan of the member as explained herein above CL4(iii).
(ii) On confirmation of the reservation at the Resorts Hotels, the “AIHR” shall inform the member about the same and shall is a reservation confirmation voucher (RCV) in favor of the member within 7 (Seven) days from the date of such intimation. The member shall abide with the T&C mentioned in the RCV.
(iii) At the time of reservation, 7Nights/8 Days can be split in 2 parts and maximum 2 Rooms can be Booked as per availability and eligibility.
(iv) Member can avail maximum of 10 nights at one time, rebooking can be availed only after 2 months.
(v) Transfer/Rescheduling of reservation is not allowed.
(vi) If the member cancels the reservation, the number of Night Stays shall be debited from the total number of Night Stays available to the member in that concerned year
(vii) The member can carry forward maximum of each number of Night Stays as per his Membership plan to the next year as specified under (“Accumulated Night Stays”). The member can utilize such number of Night Stays in advance (“Advance Night Stays”) that is entitled to for maximum of such number of years as mentioned in the Membership Plan.
(viii) If for some reason, the “AIHR” is unable to provide accommodation after confirmation of the reservation to the member, the “AIHR” shall provide alternate accommodation to the member falling which the “AIHR” shall only be liable to the extent of crediting the equivalent number of Night Stays to the total Night Stays of the member in that year and the member shall not raise any claims or demands for damages, loss, refund, penalties, interest, etc, in respect thereof.
(ix) The Member is liable to pay an exchange fees of Rs. 1499/-+ GST per night in India, Rs.2499/=-+GST per night in Asia, 3499/-+GST per night rest of the world. (x) The Management of Accor International Holidays & Resorts Pvt.Ltd. Reserves the right to revise or amend any fees at any time.
6.Payment of Membership Price:
(1) Member shall pay membership fees as per the plan either through cash, cheque, demand draft, NEFT RTGS. Only in the name of Accor International Hotels & Resorts Pvt. Ltd.
7.Payment of ASF:
(i) The member shall pay the ASF as per the membership plan, in advance for each year.
(ii) The member can utilize his Night Stays in a year only when he has paid the ASF of that year in full. The member specifically agrees that the ASF is payable by the member for every year even if he does not avail the Night Stays during a particular year ASF is not refundable & non-payment of the same shall amount breach of T&C by the member.
8.Legal Dues:
(i) The member shall be liable to (a) Membership Price as per CI7, (b)ASF as per CI8,(c) Exchange fees applicable outside India & South east Asia CI5, (d) Transfer fees as per CI14, (e)all taxes/charges/levies/municipal taxes/luxury tax, either statutory or otherwise, imposed by or payable to any government local body or any other authority, on the Membership Price/ASF/Guest Fees Transfer Fees Night Stays from time to time, including changes in rates to existing Taxes (either prospective or retrospective),enactment of new taxes, etc (Collectively referred to as ” Legal Dus”)
(ii) Non-payment of Legal Dues shall disentitle the member from enjoying the Night Stavs under the Membership Plan and shall amount to breach of T&C, which can result in termination of the membership of the Membership Plan and the provisions of CI.12 shall become applicable.
(iii) Notwithstanding the right of termination of the “AIHR” under CI9 (ii), in case of delay default in payment of Legal Dues including Membership Price and/or any equated monthly installment of the Membership Price, the “AIHR” shall have the right to collect the delayed payments towards the Legal Dues from the defaulted member together with an interest an 18% per annum compounded monthly for the period of delay. All payments made by the member who is in default, the same shall be first appropriated towards interest and then towards the dues/outstanding amounts. The right of the “AIHR” to charge interest under this clause shall be exercised at the sole discretion of the “AIHR” on case
case basis and and shall not be deemed to constitute a waiver of any other right under the T&Cond or Policies in case the defaulted member fails to pay the outstanding Legal Does along with the interest as mentioned hereinabove, the “AIHR” shall have a right to terminate the Membership Plan of the defaulted member with immediate effect and the provisions of C1.12 shall become applicable.
(iv) If any member has defaulted in payment of or delayed failed to pay the Legal Dues, the following shall apply (a) the defaulted member shall not be allowed to avail the Night Stays till be pays the outstanding Legal Dues together with the interest, if any, that may be charged by the “AIHR”, (b) No gifting of Membership Plan as per CI.5 (d) No transfer of Membership Plans per CI.11 (e) No carrying forward of utilized Night Stays shall take place unless the outstanding Legal Dues together with the interest, if any, see paid in full by the defaulted member.
(v) All Legal Dues shall amount to and be considered as an ascertained debt.
9.Change in Membership Plan Category:
(i)In case the member, after issue of CoM, wishes to upgrade/downgrade its type of membership plan (“Change”), he shall immediately inform the “AIHR” about the same through an official email or other official contact details along with the reason for such Change.
(ii) The Member, hereby acknowledges that the decision of the “AIHR” with respect to the Change shall be final & binding Further, the member will be required to fill in the renewed membership application form for the Change and the manner of payment of Membership Price by the concerned member after the Change, shall be decided solely by the “AIHR”
(iii)After execution of the Change, a new CoM shall be issued to the concerned Member, reflecting the suitable changes.
(iv) The upgradation /downgradatice of type of membership plan shall be subject to payment of the revised membership price by the member and other charges, as may be applicable at the relevant time.
10.Transfer of Membership Plan
(i)The member, upon payment of full Membership Price (“Transferor”), is entitled to transfer the Membership Plan (without splitting or bifurcating the Membership Plan) (“Transfer”) to any person (“Transferee”) provided there are no dues payable by the Transferor to the “AIHR.”
(ii) The Transferee shall be issued the membership of the Membership Plan by the “AIHR”, only when he (a) surrenders the original CoM of the Transfer, and (b) provides an authorization letter duly signed by the Transferor authorizing the Transfer from the Transferor to the Transferee.
(iii) In addition to the above, the Transferee shall also produce such other documents to the “AIHR”, which are essential for enrolment of the Transferee as member of the Membership Plan Also, the Transferee is required to pay such transfer fees as prescribed in the Policies to the “AIHR” in order to effectuate the Transfer (“Transfer Fees”).
(iv) After being satisfied that the Transferee has completed all the formalities related to Transfer, the “AIHR” shall issue the CoM in favor of the Transferee within 30 (Thirty) days from the date of receipt of above mentioned that the above mentioned documents and transfer fees from the Transfers
(v) Any person to whom the Membership Plan has been transferred as per this clause, shall be entitled to enjoy the Nights Says only after a fresh CoM is issued in favor of the said person. Further subject to these T&C, such person shall be entitled for the Night Stays under the Membership Plan only during the unexpired portion of the Term of the member whose Membership plan has been transferred.
(vi) Notwithstanding anything contained in this clause, the “AIHR” shall have the sole right to refuse the transfer of Membership Plan to any person if (a) the membership application form of such transferee was rejected by AIHR or (b) Membership Plan of such transferee was terminated/cancelled by the “AIHR or in the opinion of the “AIHR” said transfer is commercially understandable to the interest of the the “AIHR or (d) it is against the Policies.
(Vii) The Member and transferees hereby recognizes that the decision of the “AIHR” with respect to transfer of Membership Plan of a concerned Member, shall be final and binding.
(vi) The transferees after being used the membership of the Membership Plan shall abide with these T&C.
11. Termination of Membership Plan
(I)The Membership Plan can be terminated or revoked by the “AIHR” w.e.f. if the member and/or Family Members/Authorized Person, if applicable, (a) defaults/delays in payment of Legal Dues or any amount due from the member to the “AIHR” under this T&C or otherwise for more than 7(Seven) days from the due date; and/or (b) is in breach of the T&C/policies of the concerned Resort/Hotels (as the case may be)/policies of RCI;(c) any representation or warranties or acknowledgement under this T&C policies of the concerned Resorts/Hotel (as the case may be)/policies of RCI is found to be incorrect;
(d) found cont…guilty of misconduct illegal acts, and/or (e) commits act any or omission which the “AIHR” think is wrong/unlawful/prejudicial to the interest of the “AIHR”; (f) is in breach of any of the Applicable laws wherein applicable laws means and includes with respect to any person, any/all laws, statutes, treaties, rules, enactments, acts of legislature, notifications, circulars, directions, ordinances, licenses, orders, decrees, by-laws, regulation determinations, orders, wrists, processes, decrees, injunctions, judgments, approvals of any authority, directives, guidelines, policies or awards of an arbitrator, a court or any other governmental authority, tribunal, board, court, and/or other authorities, as amended from time to time, and all governmental notifications binding upon or applicable to such person (“Applicable Laws”)
(ii) in the event of such termination the member shall not be entitled to may refund of the amount paid by the member towards Legal Dues including Membership Price.
(iii) in the event such termination, the member shall run the original CoM and other documents issued by AIHR at the time of enrolment of the member for the Membership Plan in order to avoid any misuse of the same. In case In case the member fails to return the said documents to the “AIHR” and misuses the said documents, the member shall solely be liable for the same and shall indemnify the “AIHR”, in any damages with respect to, including but not limited so reputation and property of the Resort/Hotels is caused due to such misuse of the said documents.
12 Forse Majeure Events
(i) In case the member, after issue of CoM, wishes to upgrade/downgrade its type of membership plan (“Change”), he shall immediately inform the “AIHR” about the same through an official email or other official contact details along with the reason for such Change.
(ii) Notwithstanding anything here above, the “AIHR” shall not incur any liability or refund any amounts to the member, in case the “AIHR” is unable to fulfill its obligations due to the occurrence of the Force Majeure Events (as defined below) of any event/occurrence which is beyond the control of the “AIHR” or any event/occurrence which makes it commercially non-feasible for the “AIHR”, to fulfill its obligations.
(iii) “Force Majeure” shall mean any event or combination of events or circumstances beyond the control of the “AIHR” which cannot (a) by the exercise of reasonable diligence, or (b) despite the adoption of reasonable precaution and or alternative measures be prevented or caused to be prevented, and which materially and adversely affects the “AIHR’s ability to perform obligations in respect of the Membership Plan Night Stays, including (c) acts of God i.e fire, draught, flood, earthquake, epidemics and other natural disasters; (d) explosions or accidents, air crashes and shipwrecks; (e) strikes, lock-outs, circumstances analogous to the foregoing which is beyond the control of the “AIHR”.
13. General Conditions:
(i) The members of different Membership Plans may enjoy different kind of special rights, privileges, etc. depending upon the type of Membership Plan and therefore, the member cannot raise any objection with respect to the same or raise any demand or claim in respect of the same.
(ii) The member shall not carry any outside food and/or beverages in the premises of the Resorts Hotels and in case the member breaches the said clause, he shall be liable to pay the penalty as per the rules and policies.
(iii) The member shall enjoy his/her Night Stays without causing any inconvenience or disturbance to other guests at the Resorts/Hotels.
(iv) The member shall be liable for all the loss, damage, etc incurred sustained by the Resorts Hotels due to any act of commission emission by the member, Family Members of Authorized Person and shall make good the said loss, damage, etc, immediately on demand made by the “AIHR” Valuation of said loss, damage, etc by the “AIHR” shall be final and binding. Further, until the said loss/damage is made good by the concerned member, he shall not be permitted to avail the Night Stays and shall amount to breach of T&C, which can result in termination of the membership of the Membership Plan and the provisions of CI.12 shall become applicable.
(v) The member shall comply and shall ensure that the Family, Family Members and Guests also comply with all rules and policies of the Resorts Hotels.
(vi) The Guests brought by the member or recommended by the member, are expected to pay charges as per Policies and follow all rules and regulations prescribed in the Policies with respect to the Guests.
14.Representation, Warranties. Covenants and Acknowledgments
(i)The member hereby acknowledge that on signing this T&C, the member consent to the “AIHR” to regularly reach out to the member through phone/mobile/SMS/social media etc. for new schemes and other value additions, even if the member is in the TRAI regulated DND.
(ii) The member hereby covenants that no other verbal/written promises or any other assurances in deviation from this T&C have been made by any authorized representative/agent of the “AIHR”.
(iii) The member acknowledges that the member has been treated pleasantly and courteously and the member has signed this T&C with his/her free will and there is no compulsion or coercion or under influence exercised by the “AIHR” and/or its authorized representatives/agents with respect to the same.
(iv) The member further represents that the member is signing the T&C on behalf of himself and have independently evaluated the desirability of thus T&C and he is not relying on any representation, guarantee or statement other than as expressly set forth in this T&C.
(v) The member hereby covenants that he shall always abide with the Policies and this T&C.
(vi) The member recognizes that the “AIHR” is not responsible to evaluate his/her physical condition and medical limitations pertaining to participation in events and/or usage of facilities offered by Resorts/Hotels. The member assumes all responsibility for having a medical test done through medical practitioner of his/her choice before participating in any of the events/activities offered by the Resorts/Hotels, and prior to using any of the equipment or amusement facilities such as swimming, sports/adventure activities etc, at the Resort Hotels.
(vii) The member hereby covenants that he shall not indulge in any illegal activity such as gambling, harassment or any kind of illegal activity under any law during his/her stay in the Resorts Hotels. If the Member is found guilty then the “AIHR” shall have a right to terminate the Membership Plan of the member with immediate effect and the provisions of C1.12 shall become applicable.
(viii) The member hereby agrees that the Policies may be modified at any time at the discretion of the “AIHR”.
(ix) The member hereby covenants that he will not disseminate any information related to the “AIHR” or its members to any person, which in any manner violates the Applicable Laws and/or privacy rights of the other member.
15. Release and Indemnity:
(i) The member agrees to release, waive, discharge, defend, indemnify and hold the “AIHR”, its subsidiaries, affiliates, officers, employees, agents, representatives, members and other third parties harmless from all liabilities, losses, damages, costs and expenses (including attorney’s fees) on account of any claim, suit, action, demand or proceedings made or brought against any such party, or on account of the investigation, defense, or settlement thereof arising in connection with the member’s membership of the Membership Plan, his/her Night Stays and/or violation of this T&C and Applicable Laws or the rights of any third party by the member.
(ii) It will be sole responsibilities of member to secure his valuables and the “AIHR” shall not be responsible for any damage or loss of property of the member during their stay in the Resorts Hotels
(iii) The member hereby covenants that to the maximum extent permitted by the Applicable Laws, the “HCRIPL” shall not be liable for any direct, indirect, incident, special, consequential or exemplary damages, including without limitation, damages for intangible losses, resulting from (a) any use or inability to utilize the Nights Stays; or (b) unauthorized access to or alteration of personal information or membership data of the member. If in case, the “AIHR” is adjudged to be liable by a court or other body of competent jurisdiction for the same, the member, for any reason whatsoever, agrees and understands that he may not recover damages in excess of the amount of Membership Price actually paid by a to the “AIHR”. The limitations of liability contained in this paragraph are a material part of this T&C which provides membership of the Membership Plan to the member.
16.Miscellaneous
(i) No walvers: The failure of the “AIHR” to insist upon strict adherence to any term of these T&C on one or make occasions shall not be considered to be a waiver or deprive the “AIHR” of the right there after to insist upon strict adherence such term or any other term of these T&C. In order to be effective, any waiver must be in writing in application form/”AIHR” Letter Head, signed by a duly authorized and same to be verified on Welcome call.
(ii) Notices: Any/all notices or other communications required to be given or served to the member shall be given in writing in English and may be sent by personal delivery or post or courier or facsimile and shall be deemed to have been received, if sent by e-mail or prepaid registered post acknowledgment due, at the address of the member as specified in this membership application form. Notwithstanding anything contained hereinabove, any notice given to “AIHR” shall be deemed to have been served upon the “AIHR” when it is actually received by the “AIHR”.
(iii) Severability: If any provision or any part of a provision within this T&C be rendered void, invalid, inoperative or unenforceable as a matter of law for any reasons, such provision shall be modified to the extent possible to make it enforceable in such circumstances and any other circumstances, and, whether or not such modification is possible, such invalidity or unenforceability shall not void or render invalid or unenforceable any other provision or part of a provision in this T&C.
(iv) Governing Laws and Jurisdiction: The member agrees that this T&C shall be subject to, governed by, and construed in accordance with the Applicable Laws. Further, su1bject to the arbitration clause herein below, only the courts and tribunals of competent jurisdiction at New Delhi shall have exclusive jurisdiction with respect to any proceedings relating to this T&C.
(v) Dispute Resolution: Any dispute, difference, controversy or claim (“Dispute”) arising between the member and the “AHRPL” (“Parties”) out of or in relation to or in connection with this T&C Membership Plan Night Stays, of the breach, termination, effect, validity, interpretation or application of this T&C/Membership Plan/Night Stays or as to their rights, duties or liabilities there under, or as to my act, matter or thing arising out of consequent to or in connection with this T&C/Membership Plan/Night Stays, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (“Arbitration Act”). The sole arbitrator shall be appointed by the “AHRPL”, who shall preside over the matter. The arbitration proceedings shall be conducted in English language. The seat of arbitration shall be New Delhi and the award rendered by the arbitrator shall be final, conclusive and binding on the Parties and shall be subject to enforcement in any court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including foes and expenses of the arbitrator, shall be shared equally by the Parties, unless the award otherwise provides.
** The member shall be responsible and liable to contact the Customer Care Specialist and apprise/update itself of the Destinations, Resorts/Hotels available offered under the Membership Plan from time to time, and/or any other information with regard to the Membership Plan
***(i)The applicant was informed of the Destinations at which the Night Stays under the Membership Plan can be availed of as on the date of this membership application form and further that the list of Destinations are subject to revision alteration from time to time at the sole discretion of the “AHRPL”, without any intimation to the member
(ii)The charges for food and beverages, Sightseeing, Pick and Drop and other facilities at the Resorts Hotels shall be extra and not included in the Nights Stays.
(iii)The eligibility of the member to avail Night Stays at the Resorts Hotels shall be as per the eligibility of the member for the same under the Membership Plan and subject to terms and conditions in the Membership Plan/Usage Terms.
Cancellation Policy:
Member would like to terminate/cancel his/her membership of the membership plan, however, if membership is withdrew/cancelled within 3 (Three) days (“Cooling Period”), the “AIHR” shall refund the admission fees and advance paid towards the membership price with the application form to the applicant without interest, after deducting the administrative expenses of 10% of total membership value + GST, as applicable from time-to-time refund will be processed within 45 days.
After the Cooling Period the “AIHR” will forfeit the amount/price already paid