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Terms & Conditions

GENERAL TERMS AND CONDITIONS

The website www.premieregetaway.com (the "Site") is published and maintained by Premiere Getaway Private Limited ("Company"), a company incorporated and existing in accordance with the laws of India When you access, browse or use this Site, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access any of the sub-Site (whether belonging to an 'associate' of Company or otherwise) through this Site, then such sub-Site may have its own terms and conditions, which are specific to such sub-Site. These Terms and Conditions of use and any additional terms posted on this Site together constitute the entire agreement between Company and you with respect to your use of this Site. DISCLAIMER Furthermore for the purpose of registering on Company's website and mobile application and for services of the Company, you hereby acknowledge and agree to undergo a mobile number verification process. The Company uses third party services for the purpose of aforesaid mobile number verification process and you hereby acknowledge, agree and confirm to be bound by the terms and conditions of such third party service provider as mentioned on https://mobileconnect.in/wp-content/uploads/2016/10/mc_india_t_c.pdf

A. TERMS AND CONDITIONS GOVERNING VACATION OWNERSHIP PLANS

ARTICLE I
ACCEPTANCE OF PREMIERE GETAWAY VACATION OWNERSHIP PLAN RULES In exercise of the discretion of the Management of Premiere Getaway Private Limited (PGPL herein after) to frame its own set of T&C of Premiere Getaway Vacation Ownership Plan (PGVOP herein after), forming an integral part of PGVOPP Application Form (MAF herein after) which can be a physical form or digital form, the Management of PGPL framed a set of PGVOPP Rules which while signing and submitting MAF, have been read, understood and agreed upon by the Applicant and it is hereby expressly agreed by and between PGPL and the Applicant that PGVOPP is subject to the following T&C, which may be updated, altered, deleted or changed by PGPL at its own discretion with or without notice, and these PGVOPP Rules constitute each Applicant's full and unconditional agreement and undisputed acceptance to the PGVOPP rules. PGVOP Rules require that no person or entity who intends to become a member of PGVOP, should sign the form without reading, understanding and accepting the Terms & Conditions and PGVOP Rules. Any applicant who signs the form either digitally or manually shall be presumed to have read, understood and accepted the PGVOPP Rules.

ARTICLE II
DEFINITIONS
1. PGVOPP Rules means Rules and/or Terms & Conditions governing the admission, entitlement, usage and termination of PGVOP which are subject to change from time to time during the PGVOP Usage Period depending on the market conditions, inflation, maintenance and operations overheads & other factors involved to run PGVOP, and prevailing practices of PGPL; and at any point of time of usage of holidays by a PGVOP Member, the Rules and/or Terms & Conditions of PGVOP prevailing at that time shall be applicable and binding on the PGVOP members.
2. “Applicant” means any person(s)/ Legal Entity who or which, is legally eligible to become member, applies for PGVOP by signing the Membership Application Form either in digital form or physical form prescribed by PGPL
3. “PGVOP” means membership of Premiere Getaway Vacation Ownership Plan, with entitlements and privileges as specified herein, which can be availed only on payment of such fees or charges prescribed and prevailing at that time.
4. “PGVOPP Member” means the Applicant whose application form is accepted by PGPL and who is enrolled as Member subject to full payment of PGVOPP Fees in advance.
5. “PGVOPP Fees” means the membership fee payable by the Applicant for the membership plan chosen by the Applicant as mentioned in Membership Application Form.
6. “Plan Start Date” (PSD) means the date from when PGVOPP Member can start using allotted and available Travel Points as per PGVOPP, upon completing 100% payment of PGVOPP fee.
7. “PGVOPP Usage Period” means the period for which PGVOPP is valid as per the membership plan mentioned in MAF starting from PSD unless the membership is terminated or kept on hold by PGPL for non-compliance of the rules mentioned herein.
8. “Premiere Getaway Notified Properties” (“PGNP”) means resorts/hotels/service apartments/guest houses/bungalow/home stay properties owned/affiliated/tied up/identified/shortlisted/engaged by way of purchase/taken on lease (fully or in part)/purchase room nights/rate contract by any arrangement by PGPL to provide accommodation to PGVOPP members. PGPL may alter/change/add/remove PGNP at its discretion at any time with or without any notice to PGNP members. PGVOPP members have no right whatsoever over the choice of PGNP. PGNP offered by PGPL to PGVOPP Members will be binding on the members.
9. “Day” means a time interval between the check in time of a specified calendar date and the checkout time of the subsequent calendar date as prevalent in a particular PGNP.
10. “Travel Points” (TP) means are the points awarded into virtual Travel Wallet to PGVOPP member against the membership plan purchased, upon completion of 100% payment of PGVOPP fee. It is the currency of PGVOPP. PGVOP services offered to its members are in the form of number TP required to be redeemed to avail the services.
11. “Family” means immediate family of the applicant comprising of spouse, children, spouse of children, grandchildren and Parents.
12. “Taxes” means taxes applicable on PGVOP services consumed by the member. Taxes will be charged at actual to the members, which are to be paid at the time of availing the services.
13. “Day Classification” means categorization of Day of the year depending upon season, demand and location. Each day’s classification will have specific Travel Point values.
14. “Privileges” means benefits, which include Exchange, Accumulation, Advancing of TP entitlement and all other similar services provided under PGVOP.
15. “Apartment Type” means type of the resort/hotel room viz Standard, Deluxe, Suit, Studio, One Bed Room, Two Bed Room, Bungalow etc. as per the configuration offered by respective PGNP. The size, specifications, facilities, amenities and usage rules each of the apartment type may vary from one PGNP to another.
16. “Look-in Period” means a period of 10 days from the date submission of membership application form for PGVOPP. The objective of the period is to give the member time to review benefits and services of the membership in details before starting the utilization of the membership benefits and services.

ARTICLE III
ADMISSION TO MEMBERSHIP & PAYMENT OF MEMBERSHIP FEES
1. PGVOP is offered upon submission of duly filled MAF either digitally or physically by the applicant only upon fulfilling the enrolment conditions. The acceptance of the MAF to admit the applicant as PGVOP member is solely at the discretion of the management of PGPL.
2. Verification of MAF - PGVOP Membership Application Form and all KYC documents submitted by the Applicant, will be subject to scrutiny including identity verification, address verification. Applicant hereby undertakes and commits to provide all correct information in the MAF and submit correct and valid documents, failure to do so will lead to cancellation of the membership and forfeiting of any money paid towards Membership Fees.
3. Premiere Getaway Vacation Club Membership Fee (PGVOP Fees) PGVOP Fees comprises of the following components:
a. Admission Fee: Admission Fee means the fee payable towards cost of marketing the membership, cost of application form processing and cost of admitting the Applicant into PGVC Membership. Admission Fee is 40% of the PGVOP Fees. Any payment made by the member will be first adjusted towards Admission fees. Admission fee is nonrefundable.
b. Entitlement Fee: Entitlement Fee means the fee payable towards getting an entitlement to consume Travel Points to avail services and benefits of PGVOP. Entitlement fee is 60% of PGVOP Fees. PGVOP Fees paid by the member after adjusting first towards Admission fee, will be credited towards entitlement fee. The entitlement fee is refundable in case of cancellation of PGVOP by the member, subject to recovery of actual cost of services and benefits of PGVOP utilized by the member including bank charges
4. PGVOP fee can be paid by the applicant online through the payment gateway at its website or through payment link sent over the applicant’s mobile phone and/or email. PGPL has affiliated with reputed payment gateway partners to provide secured payment gateway giving access to online payment using Credit Card, Debit Card, Net Banking, UPI, Amex and Payment Wallet.
5. PGVOP applicant indemnifies the payment gateway partners for the use of payment gateway for making online payment for submitting the credentials for making the payment. PGVOP applicants agrees that the online payment transactions using the payment gateway is done by him/her/it with full understanding and knowledge.
6. PGPL may make the arrangement with Banks and/or NBFCs for the applicant to avail the travel loan facility. However, the applicant shall bear the cost of processing. PGPL shall only be a facilitator and acceptance or rejection of the loan application by the bank/NBFC will be at its sole discretion. The applicant shall be solely responsible for repayment the travel loan availed and it is not linked with the PGVOP services and benefits and PGPL obligations. The applicant indemnifies PGPL against any charge back or recovery proceedings by the bank/NBFCs and shall take full responsibility of repayment of the travel loan availed.
7. In case PGVOP Applicant and actual payer of the PGVOP Fee are different entity, a declaration form, in the format prescribed by PGPL, is to be signed by both parties and is required to be submitted along with photo IDs of both at the time of submission of MAF.
8. In case PGVOP Applicant pays PGVOP Fees by Cheque, it must be CTS compliant cheque from the schedule commercial bank with Payer’s name mentioned on the it and it should be at PAR cheque.
9. PGVOP Member shall have only right to use TPs for accommodation at PGNPs, as per the Terms and Conditions of PGVOP Rules, without any lien or ownership claim on the property and assets of PGNPs.
10. PGVOP Fee is the money paid for the services and benefits of PGVOP and it is not as any form of deposit or interest bearing financial instrument with PGPL.

ARTICLE VI
CANCELLATION AND REFUND
1. Cancellation The member can exercise the right to cancel the membership any time during the period of PGVOP as per following policy;
a. The member shall have to give cancellation request to PGPL customer relations department in writing with the reason for cancellation.
b. The member may opt out to continue PGVOP within Look-in Period. In that case member shall be entitled to get refund of 100% of the amount paid by the member towards PGVOP fee.
c. The member may cancel PGVOP post Look-in Period. In such event, member shall be entitled to get refund of 60% of the amount paid towards PGVOP fee after deducting the actual cost of services and benefits of PGVOP utilized by the member and bank charges, if applicable.
2. Refund
a. Upon acceptance of the cancellation request, the eligible refund amount shall be processed in 30 working days.
b. The refund amount shall be paid to the member through same payment mode as it was paid by the member.
i. Fees paid by Debit Card/ Net Banking/ UPI – The refund shall be given into the member’s respective bank account.
ii. Fees paid by Credit Card – The refund shall be given to the payment gateway by way of giving approval for transaction reversal. TAXES PGVOP Member shall be liable to pay all taxes/charges/levies statutory or otherwise (Taxes), at the rates prevailing at that time, imposed by or payable to any Government/local body or any other authority on PGVOP Fees. Non-payment of such taxes and levies shall disentitle the Member from the benefits and privileges of PGVOP. For the sake of clarity, PGVOP Member shall be liable to pay Taxes including changes in rates of existing Taxes (either prospective or retrospective), enactment of new Taxes, etc.

TERMS AND CONDITIONS GOVERNING VACATION PACKAGES
• You acknowledge that pictures of the holiday packages as shown on the Site are indicative and may not be representative of the actual products.
• The rates /prices of the holiday packages shown of the Site are quotation only and no blocking has been made. Prices/Taxes are subject to changes and availability.
• You are requested to confirm acceptance of the holiday packages customized for you by return email for a valid booking to be made.
• Booking of holiday packages is subject to availability and confirmation of the holiday package supplier. Special rates shall apply for peak seasons and the inclusions of such holiday packages may vary without any notice.
• In case we are not able to provide the Hotel Packages as shown on the Site, we reserve the right to give the substitute Hotel Package of the same standard.
• You agree that the terms of the holiday packages may be subject to change at short notices due to circumstances beyond our or the suppliers control included but not limited to force majeure events etc.
• In such cases we act only as an intermediary agent with only the role of a mediator. Even if you make a booking through us, the contract will be between the supplier and you and the general travel and contractual terms and conditions of the supplier shall apply. We are not a party to the contractual relationship.
• By making a booking through our Site you make an offer to purchase the service or holiday package from the supplier. We are authorized by each supplier to accept your offer on its behalf; this acceptance occurs when we send you a written confirmation of the booking and payment as per payment policy is received.
• Before placing an order you are advised to check the description of the Holiday Package carefully. By making a booking for a Holiday Package you agree to be bound by the conditions of booking included in the Holiday Package's description.
• Once we accept your booking on behalf of our suppliers, a legally binding contract is formed between you and the supplier of the service or holiday package chosen by you.
• The supplier's general travel and contractual terms and conditions are made available by us to you by means of a link or full text before the booking takes place and they will apply in addition to those set out here. The supplier's terms and conditions may include provisions relating to payment procedures, default, liability, cancellations, changes of bookings and refunds (if available) and any other restrictions.
• Where there is a conflict between any information on our Site and these terms and conditions, these terms and conditions will apply in priority. Where there is a conflict between these terms and conditions and the supplier terms and conditions, the supplier's one will apply in priority.
• We act as a mediator between you and the supplier and we cannot be held responsible for any non-performance of the contract.
• We assume no liability for the performance of arranged services and/or holiday packages and we provide no guarantee with regard to their quality or fitness as represented. We do not as well supply any guarantee for the availability of services and/or holiday packages.
• The responsibility lies with the supplier as direct organizer of the services purchased by you.
• We request you to obtain suitable insurances/other protective measures etc. to safeguard yourselves.
• The suppliers providing their services and holiday packages through us are independent contractors and not our agents or our employees. We are not liable for their acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. We have no liability and we will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
• We only commit ourselves to a careful choice and control of our suppliers. Incidentally the relevant supplier shall be liable in its own responsibility.
• Your right to cancel your service or holiday or modify your booking is determined by the applicable terms and conditions of the supplier. In such cases it is your responsibility to inform us in writing of such request specifying your booking reference. The time of receipt by us of the declaration of cancellation shall be decisive for the time of withdrawal and cancellation fees to be applied by the supplier.
• The laws of India govern the Holiday Packages. All disputes shall be settled within the jurisdiction of Mumbai only.

ARBITRATION AND JURISDICTION
Any disputes, differences or questions arising out of this transaction shall first be resolved by amicable settlement and if the same could not be settled so, be settled by Arbitration by a sole Arbitrator to be appointed by PGPL. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or enactment thereto for the time being in force. The venue of such arbitration shall be Mumbai. The language used in the arbitration proceedings shall be English only. The Arbitrator shall have summary powers and shall be entitled to lay down his own procedure. The Arbitrator shall also have power to give interim award and/or directions. The award shall be final and binding on the parties. In respect of all matters arising out of this transaction, only the appropriate Civil Courts in Mumbai City shall have jurisdiction to the exclusion of all other Courts.