Terms & Conditions
Definitions:
1. "CVPL" means Club Viator Private Limited, a private limited company incorporated under the provisions of the Companies Act,2013, which term where applicable shall include its successors- in-interest and assigns.
2. "TSLS " means Time Share License Scheme herein after referred to as TSLS means membership plans offered by CVPL with entitlements and privileges as specified herein.
3. "Applicant " mmeans any person(s) I company I firm who or which applies for membership of TSLS by executing the application form prescribed by CVPL. In the case of joint applications, the First applicant alone shall be treated as Applicant for the purposes of communications with the CVPL.
4. "Membership Fee " means total fee payable towards membership of TSLS as per the fee structure fixed by CVPL from time to time and shall comprise of (a) a non- refundable one-time Admission Fee (AF) for being 60% of the Membership Fee & (b) an Entitlements Fee (EF) Payable towards Provision of entitlements by member during the Membership usage Period being 40% of the Membership Price and include Taxes as applicable.
5. "CVPL Notified Properties " ("CVPLNP") means properties offered by CVPL and specifically made available for availing Holidays from time for use of its members.
6. "Annual Maintenance Charges (AMC)" means the annual fees, as stipulated by CVPL from time to time, payable by a member towards utilities, upkeep, upgrade and maintenance of CVPLNP Membership and reservation services and such other services as may be provided by CVPL or any nominated Maintenance Agency in connection with CVPL.
7. "Privileges " means and includes Accumulation, Split, advancing of holiday entitlement and all other services members are entitled to in connection with TSLS during the membership Usage Period.
8. "Apartment Type " ” means a furnished Studio /1Bedroom /2 Bedroom Apartment.
9. "Night " means the night per calendar date in context of the definition of “Days” above.
10. "Week " means seven (7) Nights and eight (8) Days.
11. "Weekend " means and includes Friday and the following Saturday of a given week.
12. "Year " means the rolling year (12 calendar months) commencing from the date of the start of Membership Usage period.
13. "Down Payment " means the minimum upfront payment made by the Member towards the Membership Fee as fixed by CVPL from time to time.
14. "Member " means any person(s) /company /firm in whose name the Certificate under TSLS is issued on realization of the Down Payment. In the case of joint applications, the first Applicant shall be the Principal Member. "Member" from the date of receipt or realization of Down Payment by CVPL up to such time as the Membership is withdrawn or cancelled or otherwise terminated in accordance with the terms and conditions listed below.
Membership Rules:
1.A member is entitled to a one week free stay every year in the CVPLNP during the membership usage period, provided the member is not in breach of any of his obligations set out in the membership terms and conditions. The member agrees to comply with the rules set out by CVPLNP in which the member may choose to avail holiday.
2.The membership usage period shall commence after one month of 50% initial payment. The member opting for a 100% down payment of the membership fee, membership usage period shall commence within 1 month from the end of the month after admission as a member.
3A member can avail holiday by giving written requests for reservation as maybe prescribed by CVPL from time to time.
4.All holiday reservations are consequently subject to eligibility & availability. Request for domestic holiday reservations can be done from 6 months to 7 days prior to the commencement of the holiday. Any international holiday reservations must be sent 45 days prior to the commencement of the holiday.
5.On confirmation of the availability of holiday of the period requested by the member, CVPL shall issue a confirmation voucher specifying the reservation details. The member shall abide by the terms and conditions mentioned in the confirmation voucher.
6.6. No request for transfer of confirmation voucher shall be entertained by CVPL.
7.A member shall pay AMC in advance for the year with such time stipulated by CVPL from time to time.
8.A member cannot avail holiday entitlement unless the entire AMC due for the year is paid in full.
9.AMC is non-refundable and non-payment of AMC would be a breach of contract.
10.CVPL shall not incur any liability if it is not in a position to fulfill its obligations by reason of any civil war, civil commotion, force majeure, act of God, other notifications from any Court of Law or Government or any other reason beyond the reasonable control of CVPL.
11.CVPL reserves its rights to classify CVPLNP and adopt different rules.
12.For 3 years membership there will not be any advancing privilege from the next year. For 5 years membership only one week (next year's week) can be taken in advance on clearing AMCs & both the weeks cannot be merged/ clubbed together. For 10- & 25-years membership next 2 years week can be taken in advance on clearing AMCs & maximum 2 weeks can be merged/ clubbed together. Member can accumulate/ save maximum 3 years, beyond that extra weeks will be lapsed (Ex: If member is not using continuously 4 years, then 1 week will be lapsed & if member is not using continuously for 5 years, then 2 weeks will be lapsed.)
13.CVPL shall not buy back weeks.
14.In the event of the death of any member/ applicant the membership shall be transferred to the surviving applicant (in case of joint application) or to the legal heirs (in case of a single applicant) on producing the death certificate and legal heirship certificate.
15.A member of TSLS can gift the days/ weeks. Members immediate family members i.e. Spouse, Parents, Children (Upto the age of 25 years) are excluded from the payment of guest fees/ charges.
16.The authorized person in whose favor the confirmation voucher is issued shall provide the ID proof requested by CVPL.
17.Any payment made by the member would first be appropriated towards the admission fee (AF) and the balance if any would be appropriated towards the entitlement fee (EF).
18.The number of CVPLNP that is available for holiday may vary from time to time. Further the specifications and facilities of CVPLNP such as kitchenette, sofa cum bed, size of room may differ from one property to another and a member who opts for CVPLNP accepts such differences. Information regarding availability of CVPLNP for holidaying and other details can be obtained from CVPL.
19.CVPL reserves the rights to modify/ amend/ alter the terms and conditions contained herein and/or impose additional conditions at its sole discretion including but not limited to respect of reservation procedure, appropriation towards AMC, Transfer of membership, Access fees, Gifting etc. and same would be communicated to the members as and when the modification/ alterations/ amendment/ addition is done.
20.CVPL reserves rights to affiliate with any hotels for domestic and international holiday.
21.All or any disputes, differences or questions arising at this transaction shall be settled by Arbitration by a sole arbitrator to be appointed by CVPL. The arbitration proceedings shall be as per the provisions of Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The value of such arbitration shall be at Kolkata. The language used in the arbitration shall be English only. The awards shall be final and binding on the parties.
22.The award passed by the arbitrator shall be final and binding on the Applicants/ Members and CVPL.
23.There will not be any black outs date for 10 & 25 years of membership. However, for 3- & 5-years membership black out days are 25th December till 5th January.
24.There will be no acceptance of any verbal/ written promises, or any other assurance made by any CVPL personnel which is not mentioned in the membership application form or in the membership rule.