Membership & Payment Terms & Conditions
C3 Family Holidays Club Scheme Membership Terms & Conditions
The Applicant(s) acknowledge to have read and understood the rules of occupation of the resort governing of C3 Family Holidays Club membership, the Rules of termination and hereby agrees to be bound by the rules and regulations contained therein. The Membership shall continue until the termination date of the scheme or cancellation of Membership in accordance with the relevant provisions of the rules of occupation. All necessary clarifications in respect of my Membership of the C3 Scheme have been provided to us.
The Company is affiliated to Resort Condominiums India Pvt. Ltd. RCI is an independent exchange organization allowing for a reciprocal holiday exchange program for members of the resort. The Colors bands ( Season ), exchange fees, unit occupancy, bonus week have been explained to the applicants. All representation set forth within the brochures and literature s of the Organization remain representations of that organizations and the company will not be under any liability in respect of the same. Use by the Member(s) of RCI`s exchange program is voluntary. The Company reserves the right to change affiliation with the exchange company without the member’s approval. Any such change in the affiliation with the exchange company will not attract any liability, monetary or otherwise towards members.
Member Enrollment With RCI
The company shall provide an initial enrollment membership with RCI for a period of 3 years for the product categories of 25 years duration subject to receiving 100% of the membership fees as per this agreement. Subsequently, the necessary fees for renewal of RCI membership shall be paid by the applicant directly to RCI at the sole discretion of the Member.
Membership fee means that total fee payable to C3 Family Holidays Club as per price structure fixed by Neesa Group from time to time, comprising of a one - time “Admission Fee(AF)” for enrolling into a C3 Scheme & an “Entitlement Fees (EF)”payable towards provision of entitlements excluding those set out in clause ( Annual Maintenance Fee) by Neesa Group during the membership usage period and includes taxes as applicable”.
Upon the applicants completing all payment due under this agreement , that company shall within 90 days, cause to be issued to the applicant a membership certificate , specifying the applicant(s)use and occupancy right and upon such certificate being issued to the applicant , the applicant shall thereby be admitted to membership of the C3 Scheme relating to the apartment type and holiday season thereof.
The Applicants understands that the number of people who can occupy an apartment , for each apartment type as follows:
- 2 Bedroom Apartment – 6 Adults
- 1 Bedroom Apartment – 4 Adults
- Studio Apartment – 3 Adults (Children above 12 years to be considered as an adult and 2 children below 12 years to be considered as an adult).
The applicant understands that confirmation for reservation is subject to eligibility and availability of the apartment type and holiday season.
The applicant(s) are entitled take reservation as follows; however all booking request are subject to availability. Borrowing of subsequent year entitlement week is not allowed in this category.
- A minimum of 45 days booking request prior to check – in date, if booking is asked in RED season
- A minimum of 30 days booking request prior to check in date, if booking in asked in White season
- A minimum of 15 days booking request prior to check in date, if booking is asked in BLUE season
Right Of Occupation
The applicant(s) is / are entitled to a right of occupation in the apartment type and holiday season as stipulated in the particulars of holiday membership application form. Such rights shall exist on a right to use basis and shall exist for a period of certain years from the date of commencement of membership as specified in the membership certificate as per the category of membership.
In the event of the apartment occupancy not being available on occupancy date”The Company”will cause, either temporarily or Permanently, apartment occupancy to be made available in another apartment of similar type or of a higher category at the resort or at a better quality or will obtain for “The Applicant(s)” a bonus week entitlement for RCI exchange system for each week owned.
Right Of Transfer
“The Applicant(s) besides having the right to use his/her/their week(s), he/she/ they may also sell, gift, rent or bequeath the week(s)to third party, by obtaining guest certificate from the company as per rules of occupation , without the Company being liable or responsible in any manner. Neither the company , RCI not the marketer operates a rental or resale services”.
Obligation Of Company
Subject to the prompt payment by the applicant of the Management fee and other payments , the company hereby undertake with the applicant to observe and perform the obligations imposed upon it. All Cheques / Demand Drafts / Pay Orders to be favor of “Neesa Leisure Ltd.”
It is understood that this agreement, upon, issue of a written notice to the other party is cancel able at the option of either of the parties to this agreement with in a period of 10 days from the date of this agreement after deducting administrative or processing fee @ 20%. Upon the non-receipt of any such notice within the stipulated period , the parties agree to be bound by the terms and conditions of this agreement thereafter and the company shall not be under any obligation nor be responsible to refund any monies then held by it.
Annual Maintenance Fee
The Annual Maintenance Fee (together with applicable taxes)payment stipulated in this agreement for maintenance of this home resort shall be payable, to the company by the applicant(s) as holder of the membership certificate, in advance in a yearly basis and is due on 1st November each year, for the following year in which the applicant(s) shall be to occupy the apartment as a member. The management fee is variable in nature and shall be payable on demand and at such rate per annum as determined in accordance with the rules of Occupation of the resorts. Non payment shall invite suspension of cancellation of membership. Payment to anyone other than the payee cited above shall not discharge the purchaser(s) from the obligation outlined herein.
Termination Of Member`S Right
In the event of the applicant(s) / member(s) failing to make any payment , due pursuant to this agreement, the provisions of the rules and regulations of C3 Scheme relating to terminating the members right to use the resort shall apply and entire paid amount shall be forfeited i.e. EMI, AMF. etc.
It is clearly understood between both the parties ( the Company and the Purchaser) that this Agreement constitutes the entire Agreement, and, therefore, matters not contained herein should not be relied upon as forming part of this Agreement by either party severally.
This Agreement upon execution is legally binding and final and on both the parties. The Purchaser(s) acknowledge(s) that they have entered into this Agreement on their free will and desire. It is also understood by both the parties that neither of them has the power to reverse, rescind or cancel the Agreement.
If performance of any obligation aforementioned is prevented or delayed in the whole or in part by reason of an act of God, or the consequences thereof such an act including but not limited to fire, flood, typhoon, earthquake or by reason of riots, wars, hostilities, governmental restrictions including delay in or rejection of issuance of permits or licenses, permits of approvals, strikes, lockout or labour disputes, the affected party shall be given additional time equal to such delay caused directly thereby for due performance of his part of the obligation, embargoes.
The applicant(s) shall be responsible for all legal and other costs on a full indemnity basis incurred by the Company , its managers in seeking to enforce this agreement in any jurisdiction or in enforcing this agreement in any jurisdiction or arising out of any breach non- observance or non-performance of any of the obligations on the part the applicant(s) herein contained.
Taxes & Levies
Any present of future levy /tax / duty / charge / fee imposed by State / Union Government or local / public body or authority, (expect any levy on its turn over / income / assets payable by company), on the members membership at the resort and the members actual use of deemed / concomitant activities thereto, must be borne by the member or if paid by the company on its behalf, be reimbursed on demand.
No modification of this membership application terms and conditions shall be valid unless made in writing and signed by the applicant / member and the managing director of the company.
The construction, validity and performance of this agreement shall in all respects be governed by the laws of India. The parties hereto irrevocably: Submit to the exclusive jurisdiction of the courts of GANDHINAGAR, GUJARAT, INDIA. Consent to service of process by mail or in any other manner permitted by the applicable laws in force.
C3 : 25 Years membership has no relation with these clauses. Further, rest other conditions are uniform for all three categories.
I/We hereby declare that all terms & conditions have been fully understood and I/We affirm that:
- Fact sheet about the membership has been well explained
- Terms & Conditions has been fully read and understood
- This membership scheme is only for Luxurious / holiday purpose and cannot to be treated as financial investment
- This agreement is being signed at my/our own will and not on pressure influence of the sales team.
- Further, any promotional offer including holiday voucher given/assured to me at the time of purchase has no relation with my decision of applying and joining of C3 membership
- There is no other verbal agreement involved apart from the mentioned terms & conditions/offers
- The application form with detailed terms & conditions and rules of occupation has been provided and the same is acceptable to me/us. Duly signed copy of the same has been returned to the company and the Member copy is retained with me/us