- The Promoter the developer “KARMA INDIA HOLIDAYS BY SHOOTING STAR E SERVICES PVT. LTD., having its office at Unit no -28, Second Floor Near Chintpurni Mandir, Sector-5, Gurugram 122001. Guarantees to provide accommodation rights equivalent to the holiday credit/weeks owned by the purchaser.
- The Second Party understands that THE VACATION CHARGES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE VACATION FEE IS NOT A REFUNDABLE DEPOSIT.
- In an event that studio rooms are unavailable we will make superior rooms available, however as they are of a higher category on MAP plan (which also includes breakfast and lunch or dinner).
- The application for this vacation needs to be submitted along with a copy acceptable proof of identity and proof of address. The vacation charges mentioned should be paid via Cheque/DD/PO/Credit Card/Debit Card favoring “KARMA INDIA HOLIDAYS BY SHOOTING STAR E SERVICES PVT. LTD., payable locally and should be submitted along with this Agreement. CASH REMITTANCE, if any, should be made ONLY TO SSESPL’s ACCOUNTS DEPARTMENT at SSESPL office and spot receipt should be obtained along with a mail generated email sent to the registered email address of the second party. The company will not be held responsible for cash payments made or alleged to be made to Company’s sales personnel, or any employees or Marketing Associates against receipts on letter head, stamp paper etc. only.
- 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 SSESPL’s vacationers of higher season/points get an opportunity to book first. Week – 24th December to 3rd January are blocked out dates hence booking on these dates will only be given to RED members, RED week- Booking can be done between 90 days to 2 days before the desired holiday dates, WHITE week – Booking can be done between 75 days to 30 days before the desired holiday dates and BLUE week – Booking can be done between 60 days to 45 days before the date of the desired holiday dates. After the stipulated dates mentioned as per the season/points, all SSESPL vacationers have an equal opportunity to book their holidays. Only after those SSESPL vacationers of higher category books his holiday, a SSESPL vacationer of middle or lower category can book his holiday.
- Renting of vacations can be done only during off-peak season through your personal contacts and cannot be advertised. SSESPL does not engage in renting of vacations. SSESPL has the right to reject any booking.
- The Second Party understands that the holidays are to be utilized under the agreement and that once the holiday lapses for 3 years, the same cannot be renewed under any circumstances.
- Sightseeing may be arranged on request ONLY at an additional charge.
- It is understood by the Second Party hereto that only after submission of all the necessary documents and satisfactory verification of the same thereafter by SSESPL, vacation vouchers will be issued to the Primary applicant to the address provided in this Agreement. The Second Party understands that there are no separate holiday vouchers for sale and the Second Party is entitled to benefits that are only set out under this agreement.
- The Second Party understands that he/she will not have to pay Taxes and other levies as levied by the government i.e. Luxury tax/Service tax.
- Second party can be denied using his vacations under this agreement if there is any other outstanding amount due from any other agreements payable to the First Party.
- COVENANTS OF PURCHASER
The Second Party hereby agrees to purchase vacations of SSESPL’s vacations and SSESPL accepts the same, subject to the terms and conditions of this Agreement.
- Second Party has understood the benefits available under the vacations scheme which are more particularly listed out in this Agreement. Second Party further understands that no benefits other than those listed in this Agreement will be available to Second Party.
- The Second Party understands that he/ she should furnish their change of address; telephone numbers etc., if any to Customer Care Dept., to keep Second Party’s record up to date. Second Party permits SSESPL to contact Second Party via Phone/SMS or E-mail even if the party is in the TRIA regulated DND for any services and schemes/offers in the future.
- The Second Party understands that he/ she are bound by Rules & Regulations of SSESPL and as duly amended from time to time. The decision of the management of SSESPL would be final in all matters.
- Apart from these Terms & Conditions as mentioned above, all other statues as applicable shall be binding on Second party. Any amendment or enactment of a legislation resulting in additional obligations on First Party or changing the nature of any activity undertaken by First Party to the detriment of the First Party then the provisions in this agreement to the extent the additional obligations are imposed on the First Party and the provisions in this agreement to the extent the law applicable is changing the nature of the activity undertaken by the First Party would be considered as extinguished before the amendment or enactment of the legislation coming into force and the Company would not be held responsible for consequences of such changes.
- Second party understands that this Agreement (in the printed form ONLY) SUPERCEDES any communication whether written or oral or any variation or hand written remarks rewriting the printed Agreement made by the Agents and/or representatives of SSESPL or Second party to this Agreement and / or any other written communication issued by SSESPL representatives (including on Company Letter head or STAMP PAPER). Further, Second Party understands that the benefits and terms of the vacations as set out in this Agreement are final and binding on SSESPL, and Second Party.
- Second Party confirms that no other verbal/written promises or any other assurances in deviation from this agreement have been made by SSESPL’s personnel.
- Second party hereby declares that particulars given above are true, correct and are completely in order. If any transaction is delayed or not affected all for the reason of incomplete or incorrect information, Second Party shall not hold SSESPL responsible for any loss/damage/inconvenience caused due to the same. The Second Party shall, within 30 days from shifting to any other residence apart from the address mentioned in this agreement, shall intimate the same to SSESPL at the address mentioned in this agreement regarding the new address along with address proof. In the event the intimation of change of address is not given to SSESPL, any communication either by SSESPL or through their lawyers is deemed to be served on the address mentioned in this agreement.
- Second Party acknowledges and confirms that all the Terms and Conditions of SSESPL, shall be fully and completely binding on Second Party on signing of this Agreement by Second Party and that any further amendments to the same shall also be binding on Second Party.
- Second Party confirms that Second Party shall not use the vouchers and/or offers, if any, or the facilities offered pursuant to the offer, if any, for any improper or illegal or unlawful purposes/ activities or adopt or alter the same for any improper or illegal or unlawful gain.
- Second Party acknowledges that Second Party has been treated pleasantly and courteously and Second party entered into this Agreement at its free will and accord and there is no compulsion or coercion or undue influence exercised by SSESPL and/or its agents/representatives.
- Second party here by confirms that Second Party has gone through the aforesaid Terms & Conditions and Benefits/Obligations and Second party has understood and accepted the same.
- ARBITRATION AND JURISDICTION
It is agreed between the parties herein that in the event of any dispute, claim or differences arising under this Agreement, the Second Party shall contact the Central Customer care team of SSESPL at firstname.lastname@example.org in the event the Second Party reaches no resolution, then the Second Party shall discuss the issue with the resolution cell of the First Party. Thereafter, if the parties fail to reach any resolution even after discussions with the officers from the resolution cell, the Second party may then adjudicate the dispute by way of sole arbitration alone as per the provision contained under The Arbitration and Conciliation Act 1996 and amendment thereto. The sole arbitrator shall be nominated by the First party and/or the authorized person of the First Party alone. The seat of arbitration shall be at Gurugram alone. The Second Party shall have no objection to the appointment of the arbitrator by the First party and/or the authorized person of the First Party.
- “All disputes arising out of relation to the present agreement including for arbitration proceedings shall be subject to exclusive and sole jurisdiction of the court (The Definition of the Courts includes the District/State/National Consumer forums also) situated at Gurugram alone and nowhere else since the agreement is entered between the parties into at Gurugram for all material purpose and by virtue of present agreement the jurisdiction of all courts is excluded by the parties except for court situated at Gurugram alone. The Second Party is hereby unconditionally and irrevocably agreed the place of jurisdiction for adopting any kind of Legal recourse will be at Gurugram.”
Customer Signature Signed for and behalf of the Company