Definitions

• “CAIPL” means CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED is a company incorporated under Companies Act, 2013 (18 of 2013) and the company is limited by shares.
• “Applicant” means any person(s) who is/are potential Vacationer/User/Subscriber who has applied for subscription to the CAIPL.
• “Vacationer/User/Subscriber” means the applicant whose application for subscription has been approved by the Management/authorized person of CAIPL and in Whose name the CAIPL certificate is issued on realization of the Down payment.
• “ANNUAL MAINTENANCE CHARGES” or “ANNUAL SUBSCRIPTION FEES” means the charges which are decided by the Management of CAIPL to be paid by the Subscriber every year.
• “INTERNATIONAL EXCHANGE FEES” means the fees which the Subscriber must pay, to access various facilities as prescribed by the Government/service providers of the respective nations, prior to the booking and which may vary from time to time.
• Blackout Days means the time period oflong weekend, Diwali week and Christmas to New Year.
• Holiday Season means the time of the year which is not earmarked as “Blackout Days”.
• Classic Subscription means properties up to 3-star hotels/resorts, Signature Subscription means properties with 3 Star and few 4 Star Hotels/Resorts and Platinum subscription means 4-star and few 5-star hotels/resorts and “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” has the rights to withdraw any properties from the list at any time without prior information the said list available on company website and shall be updated from time to time.

1. Application Procedure
   1. The application for the Subscription to the CAIPL may be made as per the prescribed format (“application form”) that forms a part of the Subscription terms and conditions.
   2. An Applicant is admitted as a Subscriber of CAIPL upon the realization of the Down Payment to CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED. CAIPL may at the request of the Applicant, agree to receive the balance Subscription Price in instalments under a payment plan of CAIPL or any other finance scheme approved by CAIPL in the case of instalment payments, the Applicant shall deliver post-dated cheques/ECS/Credit card authorization cards. The Applicant further binds himself/herself/itself irrevocably to pay the instalment amounts and undertake to ensure due and prompt payment under the instalment scheme. Non-payment of the instalment/s shall amount to a breach of Subscription Rules.
   3. The applicant further recognizes that the Admission Fees (AF) which constitute 60% of the Subscription Price is non-refundable. The Subscription is subject to the Terms and Conditions, the rules and regulations made there under and as amended from time to time and as notified to the Subscriber by putting up a copy thereof at the Office Premises/Website or any other suitable place (“Rules and Regulations”).
   4. The Terms and Conditions include the FEE STRUCTURE for the Subscription as of the Subscription agreement sign date thereof as amended from time to time by the Management. PLAN & FEE STRUCTURE ARE FORMING PART OF THIS AGREEMENT.
   5. The Management of the CAIPL vests exclusively in the Director/s of CAIPL and its authorized executives and who in these Rules and Regulations are referred to as “Management”. The Management reserves the right to reject or to conditionally accept the Application Form without assigning any reason whatsoever. A Subscriber (“Subscriber”) is a person whose application has been accepted by the Management/authorized persons.
   6. A Subscriber has the right to use the facilities provided by the CAIPL on the days and during the time as has been specified by the Management. The Management may further notify the calendar days as Blackout Days and Holiday Days as well as other category which might be notified to the Subscriber from time to time.
   7. Payment made under CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED will be considered as payment done for Subscription and all terms and conditions of CAIPL will be applicable. The applicant also recognizes that in the event of cancellation by the Subscriber the deduction as applicable will be made from Enrolment Fees (EF) which constitute 40% of Subscription Price.
      CATEGORIES OF SUBSCRIPTION The Subscription to CAIPL is open to the following categories (A) INDIVIDUAL Subscriber I. Permanent residents ofIndia II. Non-Resident Indians III. Foreign Nationals, residing in or visiting India i.e., expatriates (B) CORPORATE SUBSCRIBER The Corporate Subscribers shall be Companies incorporated in India or abroad, partnership firms, or any other body incorporated under any national jurisdiction. Such Corporate Subscribers may nominate their directors, partners, or employees as the case may be to use the facilities of the CAIPL, subject to the Terms and Conditions and the Rules and Regulations made in this regard. A Corporate Subscriber may request for more than one nomination for a period of time and the fee as specified in the Fee Structure. (C) DIGITAL SUBSCRIBER: People enrolling subscription plan through online mode using platforms such as facebook, instagram, etc and have agreed terms through website. Digital Subscriber are default classic subscription plan.
2. Eligibility
   Persons indicated in clause “Category of Subscription” here in above can offer their application for Subscription as per the details as given in Clause “Procedure” herein below.No individual Subscriber, corporate who has been declared to be an un-discharged insolvent or has been convicted by a court shall be eligible for the Subscription.A Corporate shall be eligible to nominate a fixed number of persons for a period as provided for in the Fee Structure.
   1. DEFAULT CLAUSES
      • The application for these subscribers needs to be submitted along with a copy of Identity Proof and address Proof. The Subscription charges mentioned should be paid via cheque/DD/credit card/Debit card favouring “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED”. Individual Subscribers and Corporate applicants/Subscribers seeking Subscription are required to submit the duly filled in Application Form complete in all respects. Management of the CAIPL has the absolute right to accept or reject any application for Subscription at their sole discretion without assigning any reason whatsoever and the applicant shall have no right to challenge the decision of the Management. Subscription is awarded only after proper & complete procedure is followed as decided by management.
      • Cash Remittance-if any should be made only to “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” ACCOUNT DEPARTMENT and spot receipt should be obtained along with a mail generated email sent to the registered mail address of the “Subscriber”. The company will not be held responsible under any circumstances for cash payments to be made to company sales personnel or any employees or marketing associates.
   2. Subscription Usage Rules
      1. Subscriber is entitled for 6 night and 7 days every year or else mentioned otherwise in welcome letter.
      2. The calendar year is divided into Blackout and Holiday seasons.
      3. The accommodation shall be provided in Regular or Superior rooms subject to availability.
      4. Subscriber is entitled for accommodation of the selected time and along with one washroom only.
         • Either for two adults with two Kids below 12 years or 3 adults.
         • Subscriber can accommodate their regular inventory nights maximum till 3 years.
         • A standard room can accommodate maximum of either
           • Three adults
           • Two adults
             • Children above 12 years of age shall be considered as adult.
             • The criteria for age shall vary depending on the terms and conditions of the respective properties at which the agreement is be made.
             • Extra bed will be provided at the rate as applicable in the allied (respective) properties.
             • Subscriber cannot club their offer & regular inventory nights on their vacation.
      5. Subscriber travelling with 4 adults, must either have a 1BR Subscription or in case of booking for 2 rooms and not having such Subscription second room cost must be borne by the Subscriber, in whatsoever case multiple apartment booking exceeding the maximum size of persons allowed in a particular Subscription will not be entertained. All the bookings and room allocations will be subject to availability. There will be no scope of dispute regarding the same.
      6. The Subscribers are requested to strictly follow holiday reservation rules about the prescribed period i.e. 60 days especially during the festive season so that they can get confirmed availability of rooms at the resorts/hotels.
      7. The Subscriber will have the right to use their nights, may also gift, split the nights with prior information to “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” as per booking terms and conditions.
      8. Subscribers’ entitlement covers “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” affiliated/associated/allies’ properties which are including but not limited to short/long term lease/tie-ups.
      9. The Subscribers entitlement can be used in any of the alliance properties. The said list available on company website and shall be updated from time to time.
      10. The Subscriber agrees that the vacation package is valid only when company receives the payment in full. The prices may revise from time to time without any prior notice.
3. Process of Availing Holidays:
   1. A Subscriber can avail holiday by giving a request for a reservation as prescribed by CAIPL. In case ofjoint applicant request for availing holiday will be entertained from the Principal Subscriber only.
   2. All holiday reservations shall be done on first-come-first-serve basis and are consequently subject to eligibility and availability. Request for reservation can be done from 60 days (depending on the prevailing reservation rules) to 15 days before the commencement of the holiday.
   3. On confirmation of the availability of the holiday period request by the Subscriber, CAIPL shall issue a confirmation voucher specifying the reservation details including check-in and check-out date and time to a Subscriber for the enjoyment of the holiday. The Subscriber shall abide by the terms and conditions mentioned in the confirmation voucher. No request for transfer of confirmation voucher shall be entertained by CAIPL.
   4. The subscriber agrees that he/she was informed about the season/Subscription categories and accordingly he/she will make the booking request. The Subscriber agrees that he/she understood the booking process and are aware that booking can be done either through mail, Call Centre or any other prescribed method by CAIPL.
   5. Once the holiday is confirmed it cannot be amended or cancelled and if such request raised then the entire number of days shall be debited.
   6. The Subscriber understood that he/she can never travel in Blackout Days rest he can book throughout the year which is not earmarked as “Blackout Days” as per availability and booking window.
   7. The specifications and facilities of the apartment type may vary form one CAIPL affiliated properties to another. The house rules with regard to the reservation will apply for all confirmed reservations. CAIPL reserves its right to classify adopt different rules.
   8. The Subscriber might be liable to pay an exchange fee for using international tie-ups. The fees may vary between Rupees 1000 to 2500 depending on city/country, seasons and duration of travel.
   9. Notwithstanding anything stated herein above CAIPL, shall not incur any liability ifit is not in a position to fulfil its obligations by reason of any War, civil commotion,force majeure, pandemics, Act of God, other notification/s from any court oflaw or Government ofIndia or the concerned countries or any other reason beyond the reasonable control of CAIPL.
   10. As per the applicable government Guidelines/ Know your Customer (KYC) norms, the Subscriber is liable to submit the required Government-issued documents towards his/her/its proof of address and identity at the time of check-in at the Resort.
4. Annual Subscription Fees:
   1. The Subscriber agrees to pay Annual Subscription Fees for Studio apartment or 1 room of Rs 4999/- and for 1bedroom apartment or subscription for 4 adults Rs 7999/- respectively every year with applicable taxes or other similar taxes (if any). AMC applicable from the effective date and will be revised without prior notice. The first maintenance will be payable after 90 days of enrolment or before availing first holiday, whichever comes first. The annual subscription fees(ASF) is collected from the Subscriber for the purposes of matching the inflations in the market on yearly basis therefore the ASF is payable even if the Subscriber does not avail his/her/its holiday during particular year and the Subscriber specifically agrees to the same. Failure to clear ASF will be a breach of agreement and holidays cannot be utilized until dues are cleared. The Subscriber is aware that failure to clear the dues “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” has right to terminate the Subscribers’ package.
   2. ASF is non-refundable and non-payment of ASF would amount to breach of contract and the Subscriber would not be able to access the facilities as per the agreement any longer.
   3. “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” reserves the right to charge additional fees including access fees or such other charges, as may be prescribed from time to time for usage of India or International properties
5. PARTICULARS OF SUBSCRIPTION PACKAGES:
   1. In case of more than one application, the main applicant will have the right to request for booking on particular date. The booking department would revert and subject to availability would confirm the booking and the confirmation of the same would be sent to the Subscriber through mail.
   2. Any booking made cannot be cancelled. The Booking will automatically amount to usage of that holiday by the Subscriber.
   3. The subscriber can avail the benefits on full payment of subscription package with no due in system after receiving the subscription card and kit.
   4. The subscriber can avail the benefits only after his holiday start date mentioned in welcome letter or post 3 months of receiving of Subscription application form whichever is later.
   5. “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” has the rights to withdraw any properties from the list at any time without prior information.
   6. Booking will be given on first come first serve basis and is open for booking as specified in clause below. Booking will be confirmed subject to availability as per our inventory allowed with the hotels/resorts.
   7. A nominal exchange fees may be applicable in form ofluxury taxes or state taxes or taxes with any other name regulated by the government of the location which is to be borne by Subscriber.
6. General Conditions:
   1. Withdrawal of Application and Terms of Refund. Subscribers are allowed a period of two working days from the date of CAIPL realization of the Down Payment to withdraw their Subscription application and claim a REFUND after deducting processing charges , applicable charges and applicable taxes. If the application of withdrawal duly signed by the Subscriber (in case of Joint application both the Main Applicant and co-applicant has not received by CAIPL within the two working days from the date of receipt of the Down Payment, the Subscribers right to claim the withdrawal and the Subscribers’ entitlement to REFUND shall lapse. To make this important communication on time, CAIPL recommends that you use Speed post/ Registered post/ Courier Services for communicating with CAIPL.
   2. Cancellation by Subscriber.
      • A Subscriber can terminate the Subscription during the Subscription Usage period by tendering a request in writing duly signed by both the main applicant and the co-applicant. In the event the communication for withdrawal of the application by the Applicant is received beyond two working days from the date of CAIPL realization of the Down Payment made by him it shall be treated as a request for cancellation (as opposed to withdrawal of application detailed under clause 6.1 above and rules for cancellation shall apply. As observed in Clause 1.3 above, the AF amounting to 60% of the Subscription price is non-refundable and only 40% of the EF is payable subject to deductions as stated in Clause 6.2.d herein below.
      • In the event of termination CAIPL by the Subscriber, the Subscriber shall be entitled to refund of the EF paid after deducting the amounts set out Clause 6.2.d below.
      • Termination by CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED reserves the right to terminate the package/vacation ownership plan/Subscription on the occurrence of any of the following events.
        • Default in payment of Subscription price by the Subscriber.
        • Default in payment of ASF in full or in part for two consecutive years by the Subscriber.
        • Breach of house Rules of Resorts located both inside and outside India by the Subscriber.
        • Breach of contract by the Subscriber.
        • Any other action by the Subscriber and/or his/her/its guests or occurrence of any event or situation within the premises of CAIPL Affiliated Properties located both inside and outside India constitute a criminal offense against the Subscriber or those accompanying the Subscriber. The refund shall be by and subject to clause 6.2.d of this Agreement.
      • Deduction upon Cancellation/Termination Upon withdrawal of application as mentioned in clause 6.2 above the following deductions shall be made by CAIPL from the amounts paid by the Subscriber towards the EF.
        • pro-rated EF for the period (in years) from the start of Subscription usage period to the date of termination of the Subscription of the year shall be treated as a full year for the purpose of calculating the deductions.
        • Outstanding AMC together with interest if any
        • Taxes due
        • Cost of holidays enjoyed by the Subscriber in excess of entitlement.
        • Any other amounts/due to CAIPL the Subscriber shall not be entitled any refund of the EF. It was CAIPL shall refund the balance amount if any, after deductions, set out in clause 6.2.c above and after adding the amounts that may be due on the Subscriber post 90 days from the date of receipt of the cancellation request.
   3. Transfer of Subscription:
      • In the event of death of main applicant, the entitled package can be transferred to the surviving co-applicant, subject to all liabilities and obligations of the deceased and on production of death certificate of the deceased.
      • In the event of subscribers dying intestate, the entitled package will be transferred to the legal heirs on production of death certificate and other such documents as required by “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED”
      • In all cases the legal heirs/successors to the deceased subscriber shall be entitled to only the unexpired portion of the package and shall be subject to all the liabilities and obligations of the deceased Subscriber.
7. TAXES
   A Subscriber shall be liable to pay all taxes/charges/levies statutory or otherwise imposed by or payable to any government or local body or any other authority on Subscription price/ AMC any other charges arising out of purchase /use of “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” subscription (taxes). Non-payment of taxes and levies shall disentitle the Subscriber from enjoying vacations and shall amount to breach of contract and result in termination of Subscription agreement.
8. GENERAL Conditions:
   1. The Subscriber agrees to purchase Subscription product of “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” accepts the same, subject to the terms and conditions of this agreement.
   2. The Subscriber understood the benefits available under these products which are more particularly listed out in this agreement. The Subscriber further understands that no benefits other than those listed in this agreement will be available to the Subscriber.
   3. The Subscriber understands that Pickup/drop/sightseeing/flights/breakfast/lunch/dinner/hi-tea/brunch is not a part of his Subscription Plan unless not mentioned in offer column in the agreement. It can be arranged at an additional charge depending on resorts/place/country and “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” has no responsibility for such services.
   4. The Subscriber understands that he/she are bounded by Rules and Regulations of “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” as duly amended from time to time. The decision of the management of” CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” would be final in all matters.
   5. Apart from these terms and conditions as mentioned above, all other statues as applicable shall be binding on Subscriber.
   6. The Subscriber understands that this agreement SUPERSEDES including but not limited to any communication whether written or oral or any other written communication issued by “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” representative (including company letterhead or stamp) only welcome letter issued from the central mail id info@clubazzurro.com will be considered finalise.
   7. The Subscriber agrees that he/she have gone through terms and conditions and benefits/obligations and have understood and accepted the same.
   8. The correspondence from “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” shall be addressed to the main applicant only.
   9. The Subscriber agrees that he was properly explained all the terms and conditions of this agreement by the sales representative/employees/marketing associate of “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” and he has read, agreed accepted, and signed the same with his full conscious state of mind without any temptation or greed given from the sales representative/employees/marketing associate of “CAIPL”.
9. INDEMNIFICATIONS
   The Subscriber agrees to indemnify, defend and hold harmless from all claims, disputes, litigations, judgements, all costs and attorney fees resulting from
   • loss, damage, or injury to the user and users family guests or their personnel property.
   • any acts or omissions of the Subscriber
   • the booking of or travel in connection with a “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” package
   • the acts, omissions, products, or services of any travel supplier’s person or company rendering services in connection with “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED”
   • any failure or delay or performance by any travel supplier. “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED ” not responsible for lost, stolen or misplaced items. Subscriber also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool/Jacuzzifeatures.
10. ARBITRATION
    In the event of any difficulty, the Subscriber can contact the Call Centre team of “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED”. In the event, the Subscriber is not satisfied, the Subscriber shall discuss the issue with the resolution cell of the “CLUB AZZURRO INTERNATIONAL PRIVATE LIMITED” at Ahmedabad. Even thereafter, if the parties fail to reach any amicable solution. All or any dispute and difference/s which may arise between the Parties, out of or in relation to this Terms and Conditions, shall be finally settled by arbitration in Ahmedabad by an arbitrator appointed by the Company, under Arbitration and Conciliation Act, 1996. The parties further agree that the award of the arbitrator is binding upon the parties and that judgement upon the award rendered may be entered in the court of competent
11. JURISDICTION AND APPLICABLE LAW:
    These services rendered hereunder are subject to all the applicable laws and regulation of India and the courts of Law, Ahmedabad City only shall have exclusive jurisdiction and there will be exclusion of all other courts to try and decide dispute, if any kind between the parties hereto