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Terms and Conditions

1. DEFINITIONS

1.1. "Safara" means Safara Holidays & Resorts Private Limited, a Private limited company, incorporated under the provisions of the Companies Act,1956, which term where applicable shall include its successors-in-interest and assigns.

1.2. "Safara Holidays Membership " means membership plan offered by Safara with entitlements and Privileges as specified herein.

1.3. "Applicant" means any person(s)/company/firm who or which applies for Safara Holidays Membership by executing the application form prescribed by Safara.

1.4. "Membership Fee" (MF) means total fee payable towards Safara as per the price structure fixed by Safara from time to time and shall comprise of a non-refundable one-time Admission Fee (AF) for enrolling into a Safara Holidays Membership being 60% of the Membership Fee & an Entitlements Fee (EF) payable towards provision of entitlements (excluding those set out in clause 1.10.) by Safara during the Membership Usage Period being 40% of the Membership Fee and includes Taxes as applicable.

1.5. "Safara Resorts and Properties" ("SRP") means resorts developed by Safara and includes Safara Associate Resorts ("SAR") taken on lease / acquired by any other arrangement by Safara Holidays & Resorts Private Limited and specifically made available for availing Holiday's from time to time for use of its Members.

1.6. "Day" means a time interval between the check in time of a specified calendar date and the check out time of the subsequent calendar date as prevalent in a particular SRP.

1.7. "Member" means any person(s)/company/firm in whose name the Safara Holidays Membership Certificate is issued on realization of 20% of the MF.

1.8. "Holiday Starting Date" - "HSD" means the date from which holiday period starts.

1.9. "Membership Usage Period" means a period of 10 years from HSD for Safara Vintage and 5 years from HSD for Safara Express as set out in Clause 3.2.

1.10. "Annual Charges" (AC) means the annual fees payable by a Member towards utilities, upkeep, upgrade and maintenance of SRP, Safara Holidays Membership & reservation services and such other services provided by Safara in connection with Safara Holidays Membership.

1.11. "Privileges" means and includes Accumulation, Split, Advancing of holiday entitlement and all other similar services provided to the Members by Safara Holidays & Resorts Private Limited at its discretion in connection with Safara Holidays Membership during the Membership Usage Period.

1.12. "Year" means rolling year (12 calendar months) commencing from the date of the start of Membership Usage Period.

1.13. "Week End" means any holiday where a member spends either Friday night or Saturday night or both together at SRP.

1.14. "Taxes" means the taxed and levies more particularly described in Clause - 7.

1.15. "Rules" or "Membership Rules" means the Membership Admission Rules and the Membership Usage Rules.

PART A: MEMBERSHIP ADMISSION RULES

2. ADMISSION TO SAFARA HOLIDAYS MEMBERSHIP

2.1. An Applicant is admitted as a member of Safara Holidays Membership upon the payment of 20% of MF to Safara. Safara may at the request of the Applicant, agree to receive the balance MF in installments under a payment plan of Safara or any other finance scheme approved by Safara. In the case of installment payments, the Applicant shall deliver post- dated cheques/ECS/Credit card authorization cards. The Applicant further bind themselves irrevocably to pay the installment amounts and undertake to ensure due and prompt payment under the installment scheme. The Member shall comply with the obligations to pay the balance MF as per the agreed price structure and failure of which, shall amount to breach of contact by the Member.

2.2. The Applicant recognize that the MF is payable by him for Safara's goodwill, reputation and brand equity and after having being satisfied before joining with the quality of the SRP's, quality of service and facilities and is therefore not refundable under any circumstances.

2.3. The Safara Holidays Membership Certificate shall be sent by Safara to the Applicant within 30 days from the date of realization of 20% of the MF admitting the Applicant as the Member of Safara Holidays Membership.

PART B: MEMBERSHIP USAGE RULES

3. ENTITLEMENTS OF SAFARA HOLIDAYS MEMBERSHIP

3.1. A member is entitled to a Six Nights and Seven Days of holiday every Year in any of the SRP during the Membership Usage Period, provided the Member is not in breach of any of his obligations set out in the Rules. Member agrees to comply with the Rules governing SRP which Member may choose to avail holiday.

3.2. Prior to the commencement of the Membership Usage Period, the Member is liable to pay the MF in full or in installments under a payment plan of Safara Holidays & Resorts Private Limited or any other finance scheme approved by Safara.

3.3. The Membership Usage Period shall commence as under:

  • Members opting for full payment or 50% down payment - HSD is 15 days from date of application.
  • Members opting for 20% down payment
  • Members opting for 6 months installment plan - HSD is last date of the month when first installment get realized .
  • Members opting for 9 month installment plan - HSD is last of the month when second installment get realized.
  • Members opting for 12 months installment plan - HSD is last date of the month when third installment get realized.

3.4. In the case of installment payments, the Applicant shall deliver post-dated cheques/ECS/Credit card authorization cards. The Applicant further bind themselves irrevocably to pay the installment amounts and undertake to ensure due and prompt payment under the installment scheme.

3.5. The Member shall comply with the obligations to pay the MF as per the agreed price structure and failure of which, shall amount to breach of contract by the Member.

3.6. A Member can avail of a holiday by giving a request for reservation in a form(s)/Mobile Application/Website as may be prescribed by Safara. All holiday reservations shall be done on a first-come-first-served basis and are consequently subject to eligibility and availability. Request for reservation can be done from upto 3 months to 15 days prior to the commencement of the holiday.

3.7. A Member is entitled to enjoy a minimum of 2 days and a maximum of 18 days as specified in Clause 4.5 in a year.

3.8. A Member is entitled to enjoy only one weekend per year, even if a Member is Advancing or Accumulating (As per Clause 4) his/her/its holiday only one weekend is allowed per year per member.

3.9. Safara reserves the right to limit the number of room nights that can be booked simultaneously during one holiday. On confirmation of the availability of the holiday period requested for by the Member, Safara shall issue a confirmation voucher specifying the reservation details including check-in and check-out time to a Member for enjoyment of the holiday. The Member shall abide by the terms and conditions mentioned in the confirmation voucher.

3.10. Member cannot request for transfer of confirmation voucher.

3.11. The request for cancellation of confirmed holidays is subject to such terms and conditions as specified by Safara from time to time. The following norms shall apply in the event of cancellation of confirmed holidays. The request for cancellation of confirmed holidays shall be made by the Member in writing/through Mobile Application/through website. The date of recept of the request for cancellation by MHRIL shall be reckoned as the date for the purpose of determining the applicability of cancellation norms.

  • Upto one month before the start date of holiday - re-credit of entire number of days of holiday.
  • From one month to 15 days before the start date of holiday - 50% re-credit of the number of days of holiday.
  • Less than 15 days from the start date of holiday - the entire number of days shall be debited.

3.12. The maximum number of occupants allowed shall be 2 Adults and 1 child below 6 years. The maximum number of occupants allowed at SRPs may vary with the occupancy rules applicable to the particular SRP in which Member avails Holiday.

3.13. If for some reason, Safara is unable to provide holiday after issuance of confirmation voucher in the allotted SRP, Safara shall provide alternate accommodation. In the event of default in providing alternate accommodation, Safara shall only be liable to pay liquidated damages equivalent to 100% of the rent/tariff that is applicable in the allotted Apartment and destination during the period for which the confirmation voucher is issued. The liquidated damages payable, if any, shall be paid by Safara within 30 days of such default. notwithstanding anything stated herein above, Safara shall not incur any liability if it is not a position to fulfill its obligations by reason of any war, civil commotion, force majeure, act of God, other notification form any Court of Law or Government or any other reason beyond the reasonable control of Safara.

3.14. In all cases where Safara provides alternative accommodation or pays liquidated damages, the same shall be in lieu of the number of days confirmed in the confirmation voucher by Safara.

4. PRIVILEGES

4.1. Splitting: A Member can split the holiday entitlement and avail the same subject to a minimum of 2 days to be utilized.

4.2. Accumulation: An unutilized days in any year can be accumulated for one year subject to availability and booking terms.

4.3. Advancing: A member can advance two consecutive years days if his current year holidays are availed subject to availability and booking terms.

4.4. The maximum number of days to the credit of the Member at any point of time shall not exceed 18 including the current year's entitlement.

4.5. Any days in excess of 6 days cannot be accumulated and it shall automatically lapse.

4.6. The Member can gift his/her/its days subject to such terms and conditions as set out in Clause 10. Confirmation of Holiday - The Holiday requested for by a Member consequent to the above has to be confirmed by issue of confirmation voucher by Safara. All requests for holiday are subject to eligibility and availability.

5. ANNUAL CHARGES (AC)

5.1. A Member shall pay AC in advance for the Year within such time as stipulated by Safara from time to time A Member cannot avail of his/her/its Holiday entitlements unless the entire AC due is paid in full. Revision in AC shall be effected by Safara based on the Consumer Price Index numbers for urban non-manual employees - All India and selected centers published by Reserve Bank of India as relevant to the period immediately preceding the period for which AC is fixed. In the event of extra ordinary circumstances of abnormal increase in cost due to inflationary conditions, Safara shall have the right to take into account such extra ordinary circumstances and fix the AC taking into consideration factors such as costs incurred in running and maintaining the SRP in India and provision of various amenities and facilities to its Members. Member agrees to pay such revised AC without demur.

5.2. In case a Member advances his/her/its entitlement under Clause 4.3 above, the AC for the Year(s) advanced is payable by the Member at the time of advancing at the rates prevailing on the date of request.

5.3. The AC is payable even if the Member does not avail his/her/its holiday during a particular Year and the Member specifically agrees to the same.

5.4. AC is not refundable and non-payment of AC would amount to breach of Contract.

5.5. In the event of non-payment of AC including arrears if any within the stipulated period in spite of intimation in this regard from Safara to the address provided by the Member, the following shall apply:

  • Member shall not be entitled to avail holidays till the payment of AC together with interest, if any, that may be charged by Safara in accordance with Clause (b) below.
  • b) Safara reserves the right to charge interest on monthly basis for the outstanding AC payable by the Member.

5.6. In the event of non-payment of AC and/or Interest by Member for two consecutive years at any point of time, Safara reserves the right to terminate the Membership as set out in Clause 6.1 (c). In the event of termination, the deductions and conditions mentioned in Clause 6.2 below shall apply.

5.7. No transfer of Membership shall be given effect to by Safara until AC together with interest, if any are paid in full by the Member.

PART C: GENERAL CONDITIONS

6. TERMINATION

6.1 In the event of termination / cancellation of Membership, the following shall apply.

Rescission period Termination / cancellation:

  • Withdrawal of application for Safara shall be permitted within the Rescission Period which is 10 days from the date of realization of 20% of Membership Fee, provided such request for withdrawal is made in writing and signed (by both the Applicants/Members in case of Joint Membership) and reaches Safara within 10 days from the date of application. In the event of such withdrawal, Safara shall refund the entire amount received from the Member towards Membership Fee within 30 days from the date of receipt of request for withdrawal. In the case of joint applications, refund shall be made to the first applicant only.

Post Rescission period termination / cancellation (by Applicant/Member/Safara):

a) In the event of withdrawal of the application by an Applicant beyond 10 days from the date of application, the Applicant shall not be eligible for any refund of the amount of the AF paid by him.

b) In the event of termination of Membership by Safara or the Member, the Member shall be entitled to a refund of the EF paid after deducting the amount set out in Clause 6.2. The member shall not be entitled to any refund of the AF. For the sake of clarity, the Member shall not be entitled to the refund of any service tax that may have been paid by Safara in connection with the Membership.

c) Safara reserves the right to terminate the Membership on occurrence of any of the following events:

  • Default in payment of Membership fee by the Member.
  • Default in payment of AC in full or in part for two consecutive years by the Member.
  • Breach of House Rules of Safara / SRP by the Member.
  • Breach of Contract by the Member.
  • Any other action by the Member or occurrence of any event or situation giving Safara a right to cancel/terminate the Membership.

6.2. Upon termination, the following deductions shall be made by Safara from the amounts paid by the Member towards the EF.

  • Pro rated EF for the period (in years) from the start of Membership Usage Period to the date of termination. Part of the year shall be treated as full year for the purpose of calculating the deductions.
  • Outstanding AC together with interest if any.
  • Taxes due
  • Cost of Holidays enjoyed by the Member in excess of entitlement.
  • Any other amounts/due to Safara.
  • Any premium / enrolment incentives.

6.3. In the event of termination aforesaid, the Member shall return to Safara the Membership Card and other documents issued by the Safara in order to avail of the refund of the EF, if any. Safara shall refund the balance amount if any, after deductions set out in Clause.

6.4. Above and after adding any amounts that may be due to the Member, within 90 days from the date of receipt of the above.

6.5. All requests for termination shall be made by Member in writing.

7. TAXES

A Member / shall be liable to pay all taxes / charges / levies statutory or otherwise imposed by or payable to any Government/local body or any other authority on Membership Fee / AC any other charge arising out of purchase and/or use of Membership ("Taxes") excepting the Property/Municipal taxes which shall be paid by Safara. Non-payment of taxes and levies shall disentitle the Member from enjoying Holidays and shall amount to breach of contract and result in termination of Membership. For the sake of clarity, the Member's liability to pay Taxes aforesaid tax shall include changes in rates to existing Taxes (either prospective or retrospective), enactment of new Taxes,etc.

8. DEFAULT IN PAYMENT OF INSTALLMENTS / ANNUAL SUBSCRIPTION FEES

8.1. In case of default in payment of any installment/s, Safara shall have the right to terminate the Membership in accordance with the Rules if the same is not paid. In the event of such cancellation, the cancellation charges / rules mentioned in Clause (6.2) above shall apply.

8.2. Without prejudice to the right of cancellation, Safara reserves the right to collect the delayed payments from the Member together with interest @ 18% per annum for the period of delay.

8.3. Appropriation of Payments
In case of part payment made by the Member towards any outstanding shall first be appropriated towards interest and then earlier dues / outstanding.

9. TRANSFER OF MEMBERSHIP, ETC.

9.1. A Member who has paid the full Membership Fee is entitled to transfer his/her/its Membership (without splitting or bifurcating the Membership) to any person provided there are no dues payable by the Member to Safara. Any such transferee shall be registered as Member only when he / she / it surrenders the Original Membership Card and an Authorization Letter for the Transfer. In addition to the above, the transferee shall also produce the document of transfer as prescribed by Safara duly executed by the previous Member and such other documents prescribed by Safara and pays such fees as prescribed by Safara from time to time towards transfer charges for effecting Transfer of Membership. Any such transferee shall be entitled to avail the Membership only during the unexpired portion of the Membership Usage Period subject to the terms and conditions contained herein. Re-issuance of the Membership Card shall be effected within 30 days from the date of transfer.

9.2. A Member is entitled to bequeath his/her Membership (without splitting or bifurcating the Membership) to any person. No transfer charge is payable to Safara in this regard. However, such legatee shall be registered as Member only when he/she surrenders the original Membership Card, proof of such bequest and subject to such conditions and production of such documents as may be prescribed by Safara in this regard from time to time. Any such legatee shall be entitled to enjoy the days only during the unexpired period of the Membership subject to the terms and conditions contained herein and only after a fresh Membership Card is issued.

9.3. In the case of joint applications, in the event of any Applicant/Member dying intestate, if "either or survivor" option has been exercised, then the Application/Membership shall be automatically transferred to the surviving Co- Applicant subject to all liabilities and obligations of the deceased and on production of death certificate of the deceased Member. A fresh Membership Card shall be issued to the survivor on surrendering the original Membership Card.

9.4. In the case of joint applications, in the event of any Applicant/Member dying interstate, if "either or survivor" option has not been exercised or in the case of a single Applicant/Member, the Membership shall be transferred to the legal heirs on production of Death, Legal Heirship Certificate and such other documents as may be required by Safara.

9.5. In all cases, the legal heirs / successors to the deceased Applicant/Member shall be entitled to only the unexpired portion of the Membership on obtaining a fresh Membership card from Safara and shall be subject to all liabilities and obligations of the deceased Applicant/Member.

9.6. Notwithstanding anything contained in this Clause 9, Safara shall have the sole right to refuse the transfer of Membership to any person:

  • Who has been refused Membership by Safara;or
  • Having been admitted to the Membership was terminated/cancelled for any reason;or
  • In the opinion of Safara is financially insecure or otherwise commercially undesirable to the interests of Safara. Safara's decision in this respect shall be final and binding.

10. GIFTING

10.1. A Member can gift his/her/its days. This privilege is subject to payment of gifting charges and such terms and conditions as may be specified by Safara from time to time. The Member's immediate family members i.e., spouse, parents, children (up to 18 years of age) are excluded from the payment of gifting charges.

10.2. The member should upload the proof of identity of those who are availing holiday on behalf of the member, however the authorized person in whose favour confirmation voucher is issued shall produce the proof of identity on request from Safara at the time of check-in.

Notwithstanding anything contained in this Clause 10, Safara shall have the sole right to refuse the gifting to any person:
who has been refused Membership by Safara or having been admitted to Safara the Membership was terminated for any reason.

11. GENERAL

11.1. All requests for holidays shall be subject to eligibility and availability only.

11.2. Safara reserves the right to enter into any arrangements with any company/person/firm/AOP for provision of any additional services to the Members. The Members are entitled to utilize such additional services on payment of such charges/fees as may be applicable/prescribed by Safara from time to time.

11.3. A Member shall not be entitled to avail holidays or any benefits in case of any dues or outstanding payable to Safara as on the date of request for holidays.

11.4. The number of SRP that are available for holidays may vary from time to time. Safara reserves it's right to withdraw any SRP from the list of notified Resorts without notice. Further, the specifications and facilities of SRP such as kitchenette, sofa cum bed, size of room, etc may differ from one Resort to another. Information regarding the availability of SRP for holidaying and other details can be obtained from Safara. Every resort may or may not have similar features as such as kitchenette, size of rooms, etc and a Member who opts for SRP accepts such differences. Member confirms and agrees not to make any claim whatsoever against Safara on the ground that SRP do not have similar amenities or facilities. Safara reserves the right 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, Privileges (Accumulation and Advancing), appropriation towards MF, AC, transfer of Membership, Gifting, etc.

11.5. The Member shall enjoy holidays without causing any inconvenience or disturbance to other Members / guests at SRP.

11.6. The Member / shall be liable for all the loss, damage, etc., incurred / sustained by Safara due to any act of commission / omission on their part or their guests and authorized person/s. The Member shall make good the loss, damage, etc., immediately on demand from Safara. Valuation of loss by Safara shall be final and binding. Until the loss / damage is made good to Safara, there shall be no entitlement to enjoy the membership The Member shall comply and shall ensure compliance by their guests and authorized persons with all the house rules of the SRP.

11.7. Change of address, if any shall promptly be informed to Safara. In case, the Member shifts out of India then he / she / it shall pay such amount as may be fixed by Safara from time to time towards increased administrative expenses.

11.8. Safara reserves its right as and when it deems proper to convert the days into points or any other system without affecting any of the benefits/rights of its Members and customers in order to provide flexibility to the Member in enjoying the holiday across the locations.

11.9. All correspondence from Safara shall be addressed to the first named Applicant only. In case of inconsistency in instructions or requests for holiday, Safara shall act upon the instructions/requests of the first applicant only.

11.10. Safara reserves its right to affiliate with any holiday exchange company for providing domestic and international exchanges. In such event, Member shall be entitled to benefits subject to the applicable terms and conditions and on payment of prescribed fee.

11.11. Any request (not pursuant to Transfer of Membership etc., mentioned in clause 9) by the Member which results in the issuance of fresh Membership Card shall be effected by Safara upon payment of such charges towards administrative expenses as may be fixed by Safara from time to time.

11.12. The Membership Card issued/ to be issued, renewal thereof or any other benefit/s is subject to such terms and conditions as may be prescribed by Safara from time to time.

11.13. Add-on card issued / to be issued to a Joint Member (the Co-Applicant in the application form), renewal thereof and payment terms shall be as prescribed by Safara from time to time.

12. ARBITRATION AND JURISDICTION

12.1. All or any disputes, differences or questions arising out of this transaction shall be settled by Arbitration by a sole arbitrator to be appointed by Safara. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996 shall be English only. The award shall be final and binding on the parties.

12.2. The award passed by the arbitrator shall be final and binding on the Applicants / Members and Safara.

12.3. In respect of all matters pertaining to this transaction, only the Civil Courts in Chennai City shall have jurisdiction to the exclusion of all other Courts.