RESORT ESCAPES MEMBERSHIP: 1 YEAR

MEMBERSHIP RULES

1.DEFINITIONS

1.1" Apartment Type" means a Hotel Unit at the Designated Club Mahindra Resorts.

1.2"  Club Mahindra Resort Escapes Membership"/ “Membership” means the vacation ownership membership offered by MHRIL with Entitlements and Privileges as specified herein. 

1.3“ Cancellation of Membership” means cancellation of Membership by the Member any time after availing any holiday under the Membership or after the expiry of 15 calendar days from the Date of Admission as a Member, whichever is earlier, where upon the Member may get refund of the Membership Fee paid, subject to the terms and conditions as mentioned in Rule 5 herein below. 

1.4“ Circuit Booking” means booking of holidays for a set of continuous dates in the Designated Club Mahindra Resorts falling in the same region as specified by MHRIL from time to time.

1.5“ Date of Admission” means the date of purchase of the Club Mahindra Resort Escapes Membership by way of submission of the Membership Application, acceptance of the Membership Rules and payment of the Membership Fee by the Member, subject to realisation of the Membership Fee by MHRIL, upon which the Member is admitted to the Membership. 

1.6" Day" means period between the specified check- in time of a specified calendar date and the check-out time of the following calendar date. The check-in time and check-out time may vary from resort to resort.

1.7“ Designated Club Mahindra Resorts" means resorts, whether in India or abroad, made available and declared by MHRIL from time to time for use of its Club Mahindra Resort Escapes Members, where the Member may book holidays as per his/ her entitlements under the Membership.

1.8“ Guest” is a person who is not a Member. 

1.9" Member” means any individual in whose name the Membership Certificate is issued. 

1.10“ Membership Application” means the Application submitted by the Member for purchase of the Club Mahindra Resort Escapes Membership. The Membership Application contains the Member’s details, Membership Rules, payment details and such other documents as prescribed by MHRIL from time to time.

1.11“ Membership Fee" means total fee (including applicable taxes) payable towards Club Mahindra Resort Escapes Membership as fixed by MHRIL from time to time. 

1.12" Membership Rules" means terms and conditions provided under this Membership Rules and include the Reservation and Procedural Rules and such other terms and conditions, as may be prescribed by MHRIL from time to time, in respect of the Club Mahindra Resort Escapes Membership.

1.13" Membership Usage Period" means a period of 1 (one) year commencing from the Date of Admission as a Member.

1.14" MHRIL" means Mahindra Holidays & Resorts India Limited, a public limited company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at “Mahindra Towers”, 2nd Floor, No.17/18 Pattulos Road, Chennai 600 002, which term wherever applicable shall include its successors and assigns.

1.15“ Night” means the night per calendar date in reference to the definition of “Day” above. 

1.16“ Partner Properties” means the resorts and hotels, whether in India or abroad, tied up and declared by MHRIL from time to time, where the Member may use room nights under the Holiday Exchange program by way of exchange of his/ her reservation entitlements as more specifically detailed in Reservation and Procedural Rules.

1.17" Privileges" means and includes benefits of Exchange, Split and all other services as may be notified by MHRIL from time to time, which the Member may avail in connection with the Club Mahindra Resort Escapes Membership during the Membership Usage Period.

1.18“ Reservation and Procedural Rules” means the terms and conditions in respect of Usage of holidays, Process of availing holidays, Privileges, Access Fee etc. as contained in Annexure hereto.

1.19" Taxes" means the taxes and levies more particularly described in Rule 6 hereinbelow.

1.20" Week" means and includes consecutively placed 7 Days (which consists of 7 Nights).

1.21“ Weekend” means and includes Friday, the following Saturday and Sunday of a given week.

1.22“ Withdrawal of Club Mahindra Resort Escapes Membership” means the withdrawal of the Club Mahindra Resort Escapes Membership within 15 calendar days from the Date of Admission as the Member upon realization of the Membership Fee by MHRIL, provided no holiday is availed by the Member under the Resort Escapes Membership in the meantime, which would result in Full Refund (except the taxes) as detailed in Rule 5.1 herein below.

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

2. ADMISSION OF MEMBER  

2.1 A Member is admitted with effect from the Date of Admission upon submission of the Membership Application, acceptance of the Membership Rules and payment of the Membership Fee by the Member, subject to realization of the Membership Fee by MHRIL. The Member shall further furnish, along with the duly filled and submitted Membership Application, or within the time prescribed by MHRIL for the purpose, the necessary Know Your Customer (KYC) documents in accordance with the Government norms and as may be prescribed by MHRIL from time to time, to be entitled to avail the holidays under the Membership.

2.2 The Certificate of Membership shall be sent by MHRIL to the Member‘s registered e-mail or such other mode as may be prescribed by MHRIL from time to time within 30 working days from the date of realization of the Membership Fee, subject to receipt of the necessary Know Your Customer (KYC) documents from the Member, provided the Member does not withdraw/ cancel the Club Mahindra Resort Escapes Membership in the meantime. In case of any difference in the Certificate of Membership and the Membership Application Form submitted by the Member, the information as provided in the Membership Application Form shall prevail.

2.3 All the entitlements and privileges under the Club Mahindra Resort Escapes Membership are subject to the Member adhering to the Membership Rules. 

3. ENTITLEMENTS OF MEMBER

3.1 A Member is entitled to a Week of holiday (comprising of 7 Days) in the Hotel Unit Apartment type at the Designated Club Mahindra Resorts during the Membership Usage Period of 1 Year as specified in the Certificate of Membership (except certain specific days as declared by MHRIL from time to time) which may be availed, subject to availability, in accordance with the Membership Rules (including Reservation and Procedural Rules) contained herein.  The Member agrees to comply with the house rules governing the respective resort/s in which the Member may choose to avail holidays. 

3.2 The Membership Usage Period (Holiday Start Date) shall commence from the Date of Admission as a Member, upon realization of the Membership Fee by MHRIL.

4. ADDITIONAL FEES/ ACCESS FEES

MHRIL reserves the right to charge additional fees including access fee, exchange fee or such other charges, as may be prescribed by MHRIL from time to time in respect of usage of/ experience in certain resorts or for its Exchange program with Partner Properties in India and abroad. 

5. WITHDRAWAL/ CANCELLATION/ TERMINATION OF Club Mahindra Resort Escapes MEMBERSHIP & TERMS OF REFUND

5.1 Withdrawal of the Membership: The Member may withdraw the Membership by sending a written request to MHRIL, through an electronic mail from the e-mail ID registered with MHRIL or through such other modes as may be prescribed by MHRIL from time to time, within a period of 15 (Fifteen) calendar days from the Date of Admission as the Member, or before availing any holiday/s under the Membership, whichever is earlier. Upon such Withdrawal of the Membership, the Member shall be entitled for FULL REFUND of the Membership Fee paid by the Member to MHRIL , except the Goods and Services Tax (GST) or any other taxes that may have been paid by MHRIL in connection with the Membership to any statutory authorities. Such request for Withdrawal of the Membership may be made by the Member through an electronic mail from the e-mail ID registered with MHRIL, or through speed post, Registered Post, Courier Services or such other mode as prescribed by MHRIL from time to time. The refund in such cases will be made within 30 calendar days from the date of receipt of the written request from the Member for Withdrawal of the Membership. In case the Member withdraws the Membership after the aforesaid period of 15 days or after availed any holiday/s under the Membership, whichever is earlier, the Member shall not be entitled for full refund of the Membership Fee so paid and the refund shall be in accordance with Rules 5.2 and 5.5 as mentioned below. 

5.2 Cancellation of the Membership by Member: The Member may choose to cancel the Membership during Membership Usage period any time after the expiry of 15 calendar days from the Date of Admission as a Member or after availing any holiday under the Membership, whichever is earlier, by giving a written request through an electronic mail from the e-mail ID registered with MHRIL, or through speed post, Registered Post, Courier Services or such other mode as prescribed by MHRIL from time to time. In the event of such Cancellation of Membership, the Membership Fee shall not be refunded fully and the refund shall be subject to the deductions as stated in Rule 5.5 herein below.

5.3 Termination of Membership by MHRIL: MHRIL shall have the right to terminate the Membership on the following grounds: 

5.3.1 Breach of House Rules of Designated Club Mahindra Resorts by the Member / guests resulting into damage or injury to MHRIL, its property, personnel or other members/ guests. 

5.3.2 indulging in any act amounting to breach of peace or any other criminal offence by the Member and/ or the Guest(s) within the premises of MHRIL, including Designated Club Mahindra Resorts, MHRIL offices.

5.3.3 indulging in any commercial use of the Membership or any aspect thereof, including but not limited to renting of rooms or offering rooms in any other manner, through online portals, advertisements, agents or through any other mode/means. 

5.3.4 indulging in any inappropriate or abusive behaviour with other member(s), guest(s), MHRIL employees, representatives etc. or any other act causing nuisance at any Designated Club Mahindra Resort/ offices of MHRIL. 

5.3.5 Using threatening/ abusive language and/ or making derogatory remarks against MHRIL/ Mahindra Group and/ or its employees, representatives etc. on social media platforms, public forums or otherwise. 

5.3.6 Any other breach of the Membership Rules by the Member.

In the event of termination of the Membership under this Rule, the Member shall not be entitled to any refund of the Membership Fee. 

5.4 In case of Withdrawal, Cancellation or Termination of the Membership, any holiday/s booked by the Member under the Membership as on date of such request for Withdrawal and/or Cancellation, or the date of Termination (as the case may be), the CV issued in respect of the said booked holiday/s shall stand cancelled and the policy as to cancellation of holiday/vis-à-vis to deductions of Days in terms of Rule 1.6 of the Reservation and Procedural Rules contained herein shall apply.

5.5 Deductions upon Cancellation of Resort Escapes Membership:

5.5.1 Upon cancellation of the Membership by the Member as mentioned in Rule 5.2 above (other than withdrawal of application as mentioned in Rule 5.1 above), the following deductions shall apply and MHRIL shall refund the balance amount, if any, within 30 calendar days from the date of receipt of the request for cancellation: 

a. 60% of the Membership Fee; 

b. Pro-rated amount equivalent to the balance 40% of the Membership Fee, proportionate to the number of nights availed (including debited in terms of Rule 1.6 of the Reservation and Procedural Rules contained herein) by the Member under the Membership (if any) (E.g., if the member has availed 2 nights before Cancellation, 2/7th of the 40% of Membership Price shall be deducted); 

c. Cost of any enrolment benefits (including complimentary nights) and special offer provided/ availed (if any);

d. the Goods and Services Tax (GST) or any other taxes that may have been paid by MHRIL in connection with the Membership to any statutory authorities; 

e. Any other amount/s due to MHRIL;

5.6 Notwithstanding anything contained herein, in case the Membership Fee in respect of the Membership (whether in full or in part) is received by MHRIL from any 3rd party entity/ person other than the Member under any business/ marketing arrangement amongst MHRIL and such 3rd party entity/ person, the refund of the Membership Fee upon Withdrawal/ Cancellation of the Membership by the Member in terms hereof shall be governed by the terms and conditions of the business/ marketing arrangement amongst MHRIL and such 3rd party entity/ person and the Member shall not be entitled to any refund whatsoever of the Membership Fee. In such a case, the entitlements and privileges of the Member under the Membership shall cease to be effective from the date of request for Cancellation/ Withdrawal, as the case may be. 

6. 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 in respect of the Membership Fee or any other charge arising out of purchase of the Membership and usage of Resorts. Non-payment of taxes and levies shall disentitle the Member from enjoying holidays. For the sake of clarity, the Member's liability to pay taxes/ charges/ levies shall include changes in rates to existing taxes/ charges/ levies to existing ones, or enactment of new ones (either prospective or retrospective).

7. AMENDMENT TO THE MEMBERSHIP RULES

The Member agrees that MHRIL shall have the right to modify/ amend/ alter the terms and conditions contained in the Membership Rules including but not limited to the Reservation and Procedural Rules, at its sole discretion. Such modification/ amendment/ alteration as aforesaid will be communicated to the members through the website of MHRIL, to the Member’s registered e-mail id or through any other modes at the discretion of MHRIL and shall be binding on the Member. It is, however, clarified that such modification/ amendment/ alteration shall not derogate the entitlement/s of the Member. 

8. OTHER TERMS

8.1 The Member acknowledges and agrees that MHRIL may offer its rooms in Designated Club Mahindra Resorts to non-members. The Member agrees not to raise any objection, dispute etc. whatsoever in this respect. 

8.2 Different types of rooms may be made available by MHRIL to the Members depending on availability.

8.3 The Member is aware that facilities and amenities may vary among rooms of same category in different Designated Club Mahindra Resorts. The Member agrees not to raise any grievance or make any claim whatsoever against MHRIL on the ground that different rooms in Designated Club Mahindra Resorts have different facilities and amenities.

8.4 The Member may avail holidays under the Membership as per the Membership entitlement by choosing dates in Designated Club Mahindra Resorts, subject to availability. It may be possible that sometimes the eligible Member may not get booking for preferred dates at the resort of his/ her choice due to non–availability of rooms. In such an event, the Member may opt for or MHRIL may offer, alternate Designated Club Mahindra Resorts at the same destination or at different destination/s for the same dates.  MHRIL offers the bookings on “first come, first serve” basis and shall not be liable for any claims, damages or compensation whatsoever for not providing the bookings for the reasons of non- availability of rooms at a particular resort and/ or for a particular date.

8.5 The Member hereby agrees and undertakes to provide all the relevant KYC documents as requested by MHRIL in accordance with the Government norms and also as prescribed by MHRIL from time to time. The Member also agrees to update the KYC with MHRIL as and when there are any changes in the information submitted earlier.

8.6 The Member fully understands and confirms that all payments made by the Member towards the Membership Fee to MHRIL is for the purchase of the Membership and the same is not towards any scheme of investment/ any investment Plan and there is no return/ promise on profits/ income on the Membership Fee paid to MHRIL.

8.7 MHRIL reserves its right as and when it deems proper to convert the Week/ Days into points or any other system, without affecting any of the benefits/ rights of the Member, in order to provide flexibility to the Member in enjoying the holiday at the Designated Club Mahindra Resorts. 

8.8 MHRIL reserves its right to affiliate with any holiday exchange company or other hotels/ resorts for providing domestic and international exchanges. In such an event, the Member shall be entitled to the benefits, subject to the applicable terms and conditions and on payment of the prescribed fee. 

8.9 MHRIL reserves the right to enter into any arrangements with any company/ person/ firm/ Association of Persons (AOP) for provision of any additional services to the Member.  The Member is entitled to utilize such additional services on payment of such charges/ fees as may be applicable/ prescribed from time to time.

8.10 Any promises and commitments, made either in writing or in words by any person representing MHRIL, outside the purview of or in contradiction to the Membership Rules, shall not be binding on MHRIL. 

8.11 If any provision or provisions of the Membership Rules are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

8.12 Notwithstanding anything contained in any other document/s in writing issued or purportedly issued by or on behalf of MHRIL or any representations made or purportedly made by or on behalf of MHRIL, in case of any difference as to the contents thereof and the Membership Rules herein, the contents of the Membership Rules shall prevail over the contents of any such document/s.

9. ARBITRATION AND JURISDICTION

9.1 Arbitration: All or any disputes, differences or questions arising out of the Resort Escapes Membership shall be settled by Arbitration by a sole arbitrator mutually appointed by parties. The arbitration proceedings shall be as per the provisions of the Arbitration and Conciliation Act, 1996 including any amendments or substitutions thereto. The seat and venue of such arbitration shall be Mumbai. The language used in the arbitration proceedings shall be English only. The award passed by the arbitrator shall be final and binding on the Member and MHRIL.

9.2 Jurisdiction: In respect to any matters pertaining to this Membership, subject to the Arbitration related rule above, the Courts in Mumbai shall have jurisdiction to the exclusion of all other Courts.

Encl: Annexure to the Membership Rules– Reservation and Procedural Rules

ANNEXURE TO THE MEMBERSHIP RULES

RESERVATION AND PROCEDURAL RULES 

1. PROCESS OF BOOKING OF HOLIDAYS 

1.1 The booking and usage of holidays under the Club Mahindra Resort Escapes Membership shall be available only for the Member. The Member can book holiday through the website (www.clubmahindra.com/resort-escapes) and by such other mode as may be prescribed by MHRIL from time to time. 

1.2 At the time of booking, the Member will have to provide details of all guests travelling with the Member. Further, at the time of check-in at the resort, the Member shall have to be present physically at the Resort and shall submit the original identity and address proof of all the guests checking- in with the Member as per the applicable Government Guidelines/ KYC norms.

1.3 All holiday reservations shall be done on a ‘first-come-first-serve’ basis and are subject to eligibility and availability. Request for reservations can be made 4 months in advance prior to the date of holiday. MHRIL shall have the right to change the reservation period from time to time.

1.4 On confirmation of the holiday requested for by the Member, MHRIL shall issue a Confirmation Voucher (CV) specifying the reservation details, including, check-in and check-out time etc. to the Member. The Member shall abide by the terms and conditions mentioned in the CV, e-mails or any other communication issued in respect of such reservation.  The CV, e-mail, regarding reservation confirmation shall be sent to the Member’s registered e-mail ID as per MHRIL records. MHRIL may also share the abridged CV/ booking details at the Member’s registered mobile number.

1.5 No request for transfer of, or change/amendment in the CV shall be entertained by MHRIL.

1.6 In the event, the Member cancels the confirmed booking, the following shall apply:  

1.6.1 Cancellation upto 7 days prior to the start date of holiday – Full re-credit of the number of Days debited for the holiday.

1.6.2 Cancellation between 7 days to 2 days prior to the start date of holiday –1 Day shall be forfeited from the membership entitlement, while the balance number of Days so debited for the holiday shall be re-credited into Member’s account.

1.6.3 Cancellation within 2 days prior to the start date of holiday– There shall be no re-credit. 

The request for cancellation of confirmed holidays shall be made by the Member through website/ mobile app or any other mode specified by MHRIL from time to time. The date of receipt of the request for cancellation of confirmed holiday by MHRIL shall be considered as the date for the purpose of determining the applicability of above- mentioned cancellation norms.

1.7 If for any reasons beyond the control of MHRIL, if MHRIL is unable to provide holidays after issuance of CV in the booked resort, MHRIL shall provide alternate accommodation of equivalent standard.

1.8 Notwithstanding anything stated herein above, MHRIL shall not be liable to pay any damages or otherwise incur any liability if it is not able to perform its obligations because of any force majeure event which shall include but is not limited to any war, civil commotion, riots, strike, epidemic, pandemic, act of God including natural calamities such as flood, earthquake, etc., any order/ restriction from any Government/ regulatory or statutory authority or body or order passed by any court of Law/ Tribunal or any other reason beyond the reasonable control of MHRIL.

1.9 The specifications and facilities of the Apartment Type may vary from one Designated Club Mahindra Resort to another. The Member agrees to abide by the house rules of the respective Designated Club Mahindra Resorts as may be applicable at the time of availing of holiday.

2. USAGE OF HOLIDAYS

2.1 The Member can avail a minimum of 3 Days (consisting of 3 Nights) and a maximum of 7 Days (consisting of 7 Nights) during the Membership Usage period as per the Membership entitlements, except certain specific days as mentioned in Rule 2.2 below. Holiday availed for less than the minimum as aforesaid will be debited as 3 Days, except for the Holidays availed in a Circuit Booking. 

2.2 MHRIL shall have the right to declare and designate from time to time certain days in a Calendar Year during which the Member shall not be entitled to book/ avail holiday under the Membership. The details of such days shall be available on the Website/ Mobile App and the Member should check the same before booking.

3. PRIVILEGES OF MEMBERSHIP

3.1 Holiday Exchange Program with Partner Properties: A Member has the Privilege of Membership exchange under the Holiday Exchange Program with Partner Properties as per below terms: 

a. The Member may opt to exchange his/ her/ its reservation entitlements against room bookings in any of the MHRIL’s Partner Properties, subject to availability and eligibility and/ or any other conditions as may be prescribed from time to time in this regard.

b. The Member can get the rooms bookings under the Holiday Exchange Program through Club Mahindra website, Mobile App and/ or by such other mode as may be prescribed by MHRIL from time to time. Such room bookings under the Holiday Exchange Program may be made within such period as may be prescribed by MHRIL from time to time, subject to availability, for up to such room nights equivalent to his/ her/ its reservation entitlements under the Resort Escapes Membership. The number of Days that would be debited from the Member’s account would be equal to the number of room nights so booked under the Holiday Exchange Program.

c. For availing room bookings under such Holiday Exchange Program, the Member will have to pay the access fee/ charges as stipulated by MHRIL from time to time, which shall be informed to the Member at the time of booking. Cancellation of any room booking under the Holiday Exchange Program shall be subject to the cancellation norms as applicable at the relevant point of time which shall be informed to the Member at the time of booking. 

3.2 Splitting: The Member can split holiday entitlement and the minimum number of Days to be utilized for each split is 3 Days (consisting of 3 Nights). 

4. CONDITIONS FOR USAGE OF HOLIDAYS

With an objective to ensure that all Members get a fair chance of enjoying the holidays at different Resorts and also to ensure equitable access to all Members, 

i) The Member is not entitled to book the same Designated Club Mahindra Resort more than once in the same Year.

ii) Member out of his/ her/ its entitlement of one Week (i.e. 7 Days) in the Year can avail holiday only twice in the Year, out of which holiday in the Weekend can be availed only once.

iii) The maximum number of occupants allowed in the Apartment shall be 3 Adults or 2 Adults and 2 children (below 12 years of age). Child of 12 years and above shall be considered as adult and 2 children below the age of 12 shall be considered as one adult. However, the maximum number of occupants allowed may vary for some Resorts depending on the room size, facilities and respective house rules of Designated Club Mahindra Resort.

iv) In case of resorts located outside India, the number of days/ type of accommodation/ number of occupants/ Apartment Type may vary from Resort to Resort. The bookings shall be as per the terms and conditions of the said resorts and as prescribed by MHRIL from time to time.

5. GENERAL

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

5.2 The entitlements and privileges under the Membership (including bookings) shall be used by the Member Only. 

5.3 The number of Designated Club Mahindra Resorts that are available for holidays under the Membership may vary from time to time. MHRIL reserves its right to replace one Designated Club Mahindra Resort with another. Further, the features, specifications and facilities in Designated Club Mahindra Resorts such as size of room, furniture and fittings, amenities etc. may differ from one Designated Club Mahindra Resort to another and the Member who opts for such Designated Club Mahindra Resort accepts such differences. The Member confirms and agrees not to make any claim whatsoever against MHRIL on the ground that a particular Designated Club Mahindra Resort do not have similar amenities or facilities as another Designated Club Mahindra Resort. Information regarding the availability of the Designated Club Mahindra Resorts for holidaying and other relevant details may be checked from MHRIL’s website/ mobile app/ member relationship department of MHRIL.

5.4 The Member shall enjoy holidays responsibly while maintaining public decorum and without causing any inconvenience or disturbance to other Members/ guests at Designated Club Mahindra Resorts.

5.5 In case of change in address, phone number, e-mail ID or any other relevant details, if any, the Member shall promptly inform to MHRIL in writing through his/ her registered e-mail ID and/ or through the Website/ Mobile App or through such other mode as may be prescribed by MHRIL from time to time.

5.6 All correspondence from MHRIL shall be addressed to Member’s e-mail ID / postal address registered with MHRIL.

5.7 In case of inconsistency in instructions or requests for holidays from the Member and his/ her guests, the instructions/ requests of the Member shall be given effect to.

MEMBER DECLARATION 

I hereby agree and authorize Mahindra Holidays & Resorts India Limited (“MHRIL”) and all of its divisions, affiliates, subsidiaries, related parties and other group companies (collectively the 'Mahindra Entities') to access my/our personal data/contact details provided herewith, i.e. name, address, telephone number, e-mail address, government issued identification, birth date and / or anniversary date; and sensitive personal data or information, such as, bank account details, credit/ debit card details. I further consent to the disclosure/ transfer by Mahindra Entities of my/our sensitive personal data or information to all Mahindra Entities and their joint venture partners, vendors and other third parties with which Mahindra Entities have a commercial relationship, such as partner hotels and resorts. Further, I hereby agree that my/our sensitive personal data or information may be shared, without my/our prior consent, with government agencies mandated under law. Notwithstanding the foregoing, I agree to the processing of my personal data and sensitive personal data or information, in accordance with MHRIL’s privacy policy and consent to all the terms thereunder 

I hereby consent to, agree and acknowledge that any of the Mahindra Entities may call email/SMS me/us on any of my/our contact details shared by me/us, in order to keep me/us informed regarding product details, or send me/us any marketing and other product or service related communication and other offers of any of the Mahindra Entities. I provide the details herein at my/our sole discretion and confirm that no Mahindra Entity shall be held responsible or liable for any claim arising out of accessing or using my/our personal data / contact details and sensitive personal data or information shared by me. I consent to being assigned a unique identity within the Mahindra Group, to be shared amongst all Mahindra Entities, for the purpose outlined in this paragraph. I also agree that if at any point of time, I wish to stop receiving such communications from Mahindra Entities, I will call at MHRIL's designated call center number 18002668899 and register my/our preference or write to e-mail address/mail address of MHRIL. I confirm and agree that Telemarketing Centre of MHRIL is authorized to contact me through telephone for communicating promotions, events and benefits related to my membership on, telephone number listed or not on NDNC. I hereby certify that the above details furnished are accurate, I have gone through the above listed Terms of MHRIL and agree to abide by the same.  

The following Membership Rules shall apply in respect of the Resort Escapes Membership, being offered here on complimentary basis with the Club Mahindra Bliss Membership (CMBM) as one of the enrolment benefits (no Membership Fee is received from the Member in respect of the Complimentary Resort Escapes Membership)

RESORT ESCAPES MEMBERSHIP: 1 YEAR (Complimentary)

MEMBERSHIP RULES

DEFINITIONS

"Apartment Type" means a Hotel Unit at the Designated Club Mahindra Resorts.

"Resort Escapes Membership"/ “Membership” means the vacation ownership membership offered by MHRIL with Entitlements and Privileges as specified herein.

“Cancellation of Resort Escapes Membership” means cancellation of Resort Escapes Membership by the Member whereupon the Membership shall stand cancelled as per the terms and conditions as mentioned in Rule 5 herein below. 

“Date of Admission” means the date of submission of the duly filled Membership Application Form and acceptance of the Membership Rules by the Member, upon which the Member is admitted to the Resort Escapes Membership.

"Day" means period between the specified check- in time of a specified calendar date and the check-out time of the following calendar date. The check-in time and check-out time may vary from resort to resort.

“Designated Club Mahindra Resorts" means resorts, whether in India or abroad, made available from time to time for use of Resort Escapes members as declared by MHRIL from time to time, where the Member may book holidays as per his/ her entitlements under the Resort Escapes Membership.

“Guest” is a person who is not a Member.

"Member” means any individual in whose name the Membership Certificate is issued and shall include his/ her transferee and permitted assigns.

“Membership Application Form” means the Application form of MHRIL submitted, digitally/ manually, by the Member for purchase of the Resort Escapes Membership. The Membership Application Form contains the Membership Rules, Member’s Review for Confirmation of Understanding of Membership Rules and such other documents as prescribed by MHRIL from time to time.

"Membership Rules" means terms and conditions provided under this Membership Rules and include the Reservation and Procedural Rules and such other terms and conditions, as may be prescribed by MHRIL from time to time, in respect of the Resort Escapes Membership.

"Membership Usage Period" means a period of 1 (one) year commencing from the Date of Admission as a Member.

"MHRIL" means Mahindra Holidays & Resorts India Limited, a public limited company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at “Mahindra Towers”, 2^nd Floor, No.17/18 Pattulos Road, Chennai 600 002, which term wherever applicable shall include its successors and assigns.

“Night” means the night per calendar date in reference to the definition of “Day” above. 

“Partner Properties” means the resorts and hotels, whether in India or abroad, tied up and declared by MHRIL from time to time, where the Member may use room nights under the Holiday Exchange program by way of exchange of his/ her reservation entitlements as more specifically detailed in Reservation and Procedural Rules.

"Privileges" means and includes benefits of Exchange, Split and all other services as may be notified by MHRIL from time to time, which the Member may avail in connection with the Resort Escapes Membership during the Membership Usage Period.

“Reservation and Procedural Rules” means the terms and conditions in respect of Usage of holidays, Process of availing holidays, Privileges, Access Fee etc. as contained in Annexure hereto.

"Taxes" means the taxes and levies more particularly described in Rule 6 hereinbelow.

"Week" means and includes consecutively placed 7 Days (which consists of 7 Nights).

“Weekend” means and includes Friday, the following Saturday and Sunday of a given week.

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

ADMISSION OF MEMBER 

A Member is admitted with effect from the Date of Admission upon submission (manual/ digital) of the Membership Application Form and acceptance of the Membership Rules and payment of minimum Down Payment under the CMBM, provided that there is no Withdrawal of CMBM by the Member. The Member shall further furnish, along with the duly filled and submitted Membership Application Form, or within the time prescribed by MHRIL for the purpose, the necessary Know Your Customer (KYC) documents in accordance with the Government norms and as may be prescribed by MHRIL from time to time, to be entitled to avail the holidays under the Membership.

The Certificate of Membership shall be sent by MHRIL to the Member’s registered e-mail or such other mode as may be prescribed by MHRIL from time to time within 30 working days from the date of Admission, subject to receipt of the necessary Know Your Customer (KYC) documents from the Member and payment of minimum Down Payment under the CMBM, provided that there is no Withdrawal of CMBM by the Member and the Member does not cancel the CMBM/ Resort Escapes Membership in the meantime. In case of any difference in the Certificate of Membership and the Membership Application Form submitted by the Member, the information as provided in the Membership Application Form shall prevail.

All the entitlements and privileges under the Resort Escapes Membership are subject to the Member adhering to the Membership Rules.

ENTITLEMENTS OF MEMBER

A Member is entitled to a Week of holiday (comprising of 7 Days) in the Hotel Unit Apartment type at the Designated Club Mahindra Resorts during the Membership Usage Period of 1 Year as specified in the Certificate of Membership (except certain specific days as declared by MHRIL from time to time) which may be availed, subject to availability, in accordance with the Membership Rules (including Reservation and Procedural Rules) contained herein. The Member agrees to comply with the house rules governing the respective resort/s in which the Member may choose to avail holidays.

The Membership Usage Period (Holiday Start Date) shall commence from the Date of Admission as a Member.

ADDITIONAL FEES/ ACCESS FEES

MHRIL reserves the right to charge additional fees including access fee, exchange fee or such other charges, as may be prescribed by MHRIL from time to time in respect of usage of/ experience in certain resorts or for its Exchange program with Partner Properties in India and abroad.

CANCELLATION/ TERMINATION OF RESORT ESCAPES MEMBERSHIP 

Cancellation of Resort Escapes Membership by Member: The Member may choose to cancel the Resort Escapes Membership during Membership Usage period any time after Admission as a Member by giving a written request through an electronic mail from the e-mail ID registered with MHRIL, or through speed post, Registered Post, Courier Services or such other mode as prescribed by MHRIL from time to time.

Termination of Resort Escapes Membership by MHRIL: MHRIL shall have the right to terminate the Resort Escapes Membership on the following grounds:

Breach of House Rules of Designated Club Mahindra Resorts by the Member / guests resulting into damage or injury to MHRIL, its property, personnel or other members/ guests.

indulging in any act amounting to breach of peace or any other criminal offence by the Member and/ or the Guest(s) within the premises of MHRIL, including Designated Club Mahindra Resorts, MHRIL offices.

indulging in any commercial use of the Resort Escapes Membership or any aspect thereof, including but not limited to renting of rooms or offering rooms in any other manner, through online portals, advertisements, agents or through any other mode/means.

indulging in any inappropriate or abusive behaviour with other member(s), guest(s), MHRIL employees, representatives etc. or any other act causing nuisance at any Designated Club Mahindra Resort/ offices of MHRIL.

Using threatening/ abusive language and/ or making derogatory remarks against MHRIL/ Mahindra Group and/ or its employees, representatives etc. on social media platforms, public forums or otherwise.

Any other breach of the Membership Rules by the Member.

It is clarified here that the Resorts Escapes Membership being complimentary, no membership fee is being paid by the Member toward the same. Further, the Member shall not be entitled for payment of any amount, either by way of refund, compensation or otherwise upon Cancellation/ Termination of the Resort Escapes Membership.

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 in respect of any charge arising out of the Resort Escapes Membership and usage of Resorts. Non-payment of taxes and levies shall disentitle the Member from enjoying holidays. For the sake of clarity, the Member's liability to pay taxes/ charges/ levies shall include changes in rates to existing taxes/ charges/ levies to existing ones, or enactment of new ones (either prospective or retrospective).

AMENDMENT TO THE MEMBERSHIP RULES

The Member agrees that MHRIL shall have the right to modify/ amend/ alter the terms and conditions contained in the Membership Rules including but not limited to the Reservation and Procedural Rules, at its sole discretion. Such modification/ amendment/ alteration as aforesaid will be communicated to the members through the website of MHRIL, to the Member’s registered e-mail id or through any other modes at the discretion of MHRIL and shall be binding on the Member. It is, however, clarified that such modification/ amendment/ alteration shall not derogate the entitlement/s of the Member.

OTHER TERMS

The Member acknowledges and agrees that MHRIL may offer its rooms in Designated Club Mahindra Resorts to non-members. The Member agrees not to raise any objection, dispute etc. whatsoever in this respect.

Different types of rooms may be made available by MHRIL to the Members depending on availability.

The Member is aware that facilities and amenities may vary among rooms of same category in different Designated Club Mahindra Resorts. The Member agrees not to raise any grievance or make any claim whatsoever against MHRIL on the ground that different rooms in Designated Club Mahindra Resorts have different facilities and amenities.

The Member may avail holidays under the Resort Escapes Membership as per the Membership entitlement by choosing dates in Designated Club Mahindra Resorts, subject to availability. It may be possible that sometimes the eligible Member may not get booking for preferred dates at the resort of his/ her choice due to non–availability of rooms. In such an event, the Member may opt for or MHRIL may offer, alternate Designated Club Mahindra Resorts at the same destination or at different destination/s for the same dates. MHRIL offers the bookings on “first come, first serve” basis and shall not be liable for any claims, damages or compensation whatsoever for not providing the bookings for the reasons of non- availability of rooms at a particular resort and/ or for a particular date.

The Member hereby agrees and undertakes to provide all the relevant KYC documents as requested by MHRIL in accordance with the Government norms and also as prescribed by MHRIL from time to time. The Member also agrees to update the KYC with MHRIL as and when there are any changes in the information submitted earlier.

The Member fully understands and confirms that the Resort Escapes Membership is not any scheme of investment/ any investment Plan and there is no return/ promise on profits/ income by MHRIL.

MHRIL reserves its right as and when it deems proper to convert the Week/ Days into points or any other system, without affecting any of the benefits/ rights of the Member, in order to provide flexibility to the Member in enjoying the holiday at the Designated Club Mahindra Resorts.

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

MHRIL reserves the right to enter into any arrangements with any company/ person/ firm/ Association of Persons (AOP) for provision of any additional services to the Member. The Member is entitled to utilize such additional services on payment of such charges/ fees as may be applicable/ prescribed from time to time.

Any promises and commitments, made either in writing or in words by any person representing MHRIL, outside the purview of or in contradiction to the Membership Rules, shall not be binding on MHRIL.

If any provision or provisions of the Membership Rules are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

Notwithstanding anything contained in any other document/s in writing issued or purportedly issued by or on behalf of MHRIL or any representations made or purportedly made by or on behalf of MHRIL, in case of any difference as to the contents thereof and the Membership Rules herein, the contents of the Membership Rules shall prevail over the contents of any such document/s.

ARBITRATION AND JURISDICTION

Arbitration: All or any disputes, differences or questions arising out of the Resort Escapes Membership shall be settled by Arbitration by a sole arbitrator mutually appointed by parties. The arbitration proceedings shall be as per the provisions of the Arbitration and Conciliation Act, 1996 including any amendments or substitutions thereto. The seat and venue of such arbitration shall be Mumbai. The language used in the arbitration proceedings shall be English only. The award passed by the arbitrator shall be final and binding on the Member and MHRIL.

Jurisdiction: In respect to any matters pertaining to this Resort Escapes Membership, subject to the Arbitration related rule above, the Courts in Mumbai shall have jurisdiction to the exclusion of all other Courts.

Encl: Annexure to the Membership Rules– Reservation and Procedural Rules

ANNEXURE TO THE MEMBERSHIP RULES

RESERVATION AND PROCEDURAL RULES 

PROCESS OF BOOKING OF HOLIDAYS 

The booking and usage of holidays under the Resort Escapes Membership shall be available only for the Member. The Member can book holiday through the website (www.clubmahindra.com/resort-escapes) and by such other mode as may be prescribed by MHRIL from time to time. 

At the time of booking, the Member will have to provide details of all guests travelling with the Member. Further, at the time of check-in at the resort, the Member shall have to be present physically at the Resort and shall submit the original identity and address proof of all the guests checking- in with the Member as per the applicable Government Guidelines/ KYC norms.

All holiday reservations shall be done on a ‘first-come-first-serve’ basis and are subject to eligibility and availability. Request for reservations can be made 4 months in advance prior to the date of holiday. MHRIL shall have the right to change the reservation period from time to time.

On confirmation of the holiday requested for by the Member, MHRIL shall issue a Confirmation Voucher (CV) specifying the reservation details, including, check-in and check-out time etc. to the Member. The Member shall abide by the terms and conditions mentioned in the CV, e-mails or any other communication issued in respect of such reservation. The CV, e-mail, regarding reservation confirmation shall be sent to the Member’s registered e-mail ID as per MHRIL records. MHRIL may also share the abridged CV/ booking details at the Member’s registered mobile number.

No request for transfer of, or change/amendment in the CV shall be entertained by MHRIL.

In the event, the Member cancels the confirmed booking, the following shall apply:

Cancellation upto 7 days prior to the start date of holiday – Full re-credit of the number of Days debited for the holiday.

Cancellation between 7 days to 2 days prior to the start date of holiday –1 Day shall be forfeited from the membership entitlement, while the balance number of Days so debited for the holiday shall be re-credited into Member’s account.

Cancellation within 2 days prior to the start date of holiday– There shall be no re-credit.

The request for cancellation of confirmed holidays shall be made by the Member through website or any other mode specified by MHRIL from time to time. The date of receipt of the request for cancellation of confirmed holiday by MHRIL shall be considered as the date for the purpose of determining the applicability of above- mentioned cancellation norms.

If for any reasons beyond the control of MHRIL, if MHRIL is unable to provide holidays after issuance of CV in the booked resort, MHRIL shall provide alternate accommodation of equivalent standard.

Notwithstanding anything stated herein above, MHRIL shall not be liable to pay any damages or otherwise incur any liability if it is not able to perform its obligations because of any force majeure event which shall include but is not limited to any war, civil commotion, riots, strike, epidemic, pandemic, act of God including natural calamities such as flood, earthquake, etc., any order/ restriction from any Government/ regulatory or statutory authority or body or order passed by any court of Law/ Tribunal or any other reason beyond the reasonable control of MHRIL.

The specifications and facilities of the Apartment Type may vary from one Designated Club Mahindra Resort to another. The Member agrees to abide by the house rules of the respective Designated Club Mahindra Resorts as may be applicable at the time of availing of holiday.

USAGE OF HOLIDAYS

The Member can avail a minimum of 2 Days (consisting of 2 Nights) and a maximum of 7 Days (consisting of 7 Nights) during the Membership Usage period as per the Resort Escapes Membership entitlements, except certain specific days as mentioned in Rule 2.2 below. Holiday availed for less than the minimum as aforesaid, will be debited as 2 Days.

MHRIL shall have the right to declare and designate from time to time certain days in a Calendar Year during which the Member shall not be entitled to book/ avail holiday under the Resort Escapes Membership. The details of such days shall be available on the Website/ Mobile App and the Member should check the same before booking.

PRIVILEGES OF RESORT ESCAPES MEMBERSHIP

Holiday Exchange Program with Partner Properties: A Member has the Privilege of Membership exchange under the Holiday Exchange Program with Partner Properties as per below terms:

The Member may opt to exchange his/ her/ its reservation entitlements against room bookings in any of the MHRIL’s Partner Properties, subject to availability and eligibility and/ or any other conditions as may be prescribed from time to time in this regard.

The Member can get the rooms bookings under the Holiday Exchange Program through Club Mahindra website, Mobile App and/ or by such other mode as may be prescribed by MHRIL from time to time. Such room bookings under the Holiday Exchange Program may be made within such period as may be prescribed by MHRIL from time to time, subject to availability, for up to such room nights equivalent to his/ her/ its reservation entitlements under the Resort Escapes Membership. The number of Days that would be debited from the Member’s account would be equal to the number of room nights so booked under the Holiday Exchange Program.

For availing room bookings under such Holiday Exchange Program, the Member will have to pay the access fee/ charges as stipulated by MHRIL from time to time, which shall be informed to the Member at the time of booking. Cancellation of any room booking under the Holiday Exchange Program shall be subject to the cancellation norms as applicable at the relevant point of time which shall be informed to the Member at the time of booking.

Splitting: The Member can split holiday entitlement and the minimum number of Days to be utilized for each split is 3 Days (consisting of 3 Nights).

CONDITIONS FOR USAGE OF HOLIDAYS

With an objective to ensure that all Members get a fair chance of enjoying the holidays at different Resorts and also to ensure equitable access to all Members,

The Member is not entitled to book the same Designated Club Mahindra Resort more than once in the same Year.

Member out of his/ her/ its entitlement of one Week (i.e. 7 Days) in the Year can avail holiday only thrice in the Year, out of which holiday in the Weekend can be availed only once.

The maximum number of occupants allowed in the Apartment shall be 3 Adults or 2 Adults and 2 children (below 12 years of age). Child of 12 years and above shall be considered as adult and 2 children below the age of 12 shall be considered as one adult. However, the maximum number of occupants allowed may vary for some Resorts depending on the room size, facilities and respective house rules of Designated Club Mahindra Resort.

In case of resorts located outside India, the number of days/ type of accommodation/ number of occupants/ Apartment Type may vary from Resort to Resort. The bookings shall be as per the terms and conditions of the said resorts and as prescribed by MHRIL from time to time.

TRANSFER/ TRANSMISSION OF MEMBERSHIP

The Member can transfer the Membership after being admitted as a Member. Subsequent transfer shall not be allowed.

The transfer of Membership as stated in Rule 5.1 above shall be processed only if the Member is not in breach of any of the Rules of the Membership at the time of such transfer request.

Any transfer shall be processed only when the Member (Transferor) surrenders the original Certificate, Membership Card and a Transfer Request/ Authorization Letter for the Transfer duly signed by the Member or through such other mode as may be prescribed by MHRIL from time to time.

In addition to the above, the Transferee shall also submit such other documents as may be required for transfer, as prescribed by MHRIL, duly executed by the Member (Transferor) and/ or the Transferee and pay such fees as prescribed by MHRIL from time to time towards transfer charges for effecting transfer of Membership. Any such Transferee shall be entitled to avail the Resort Escapes Membership only to the extent of unexpired portion of the Membership Usage Period subject to the terms and conditions prevailing at the date of transfer.

Issuance of the New Certificate in the name of Transferee shall be processed within 30 days from the date of processing of the transfer request by MHRIL post receipt of the complete set of necessary documents along with requisite fee.

Notwithstanding anything contained herein above, MHRIL shall have the absolute right to refuse transfer of Membership in the name of person:

who does not submit the appropriate documents for transfer as may be required by MHRIL;

who has been refused the Membership by MHRIL;

who was earlier a member and the said Membership was terminated/ cancelled;

the intended/ proposed Transferee intends to buy the Membership for commercial use

GENERAL

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

The entitlements and privileges under the Resort Escapes Membership (including bookings) shall be used by the Member Only.

The number of Designated Club Mahindra Resorts that are available for holidays under the Resort Escapes Membership may vary from time to time. MHRIL reserves its right to replace one Designated Club Mahindra Resort with another. Further, the features, specifications and facilities in Designated Club Mahindra Resorts such as size of room, furniture and fittings, amenities etc. may differ from one Designated Club Mahindra Resort to another and the Member who opts for such Designated Club Mahindra Resort accepts such differences. The Member confirms and agrees not to make any claim whatsoever against MHRIL on the ground that a particular Designated Club Mahindra Resort do not have similar amenities or facilities as another Designated Club Mahindra Resort. Information regarding the availability of the Designated Club Mahindra Resorts for holidaying and other relevant details may be checked from MHRIL’s website/ mobile app/ member relationship department of MHRIL.

The Member shall enjoy holidays responsibly while maintaining public decorum and without causing any inconvenience or disturbance to other Members/ guests at Designated Club Mahindra Resorts.

In case of change in address, phone number, e-mail ID or any other relevant details, if any, the Member shall promptly inform to MHRIL in writing through his/ her registered e-mail ID and/ or through the Website/ Mobile App or through such other mode as may be prescribed by MHRIL from time to time.

All correspondence from MHRIL shall be addressed to Member’s e-mail ID / postal address registered with MHRIL.

In case of inconsistency in instructions or requests for holidays from the Member and his/ her guests, the instructions/ requests of the Member shall be given effect to.