Here are a few key points about your XO HOLIDAYS Membership Plan, that you should be clear about. Please read each point below in conjunction with the detailed Terms & Conditions for complete understanding.

1) I/We understand the Terms and Conditions of the special offer that i/we have chosen at the time of signing up for purchase of XO HOLIDAYS Membership Plan.

2) I/We confirm having read the Terms and Conditions governing purchase of XO HOLIDAYS Pvt. Ltd. and agree to abide by the same. All necessary clarifications and information on the XO HOLIDAYS Membership Plan have been provided to us.

3) I/We understand that I/we shall be admitted as Customer of XO HOLIDAYS Membership Plan only upon realization of the down payment and EMI’s (if applicable) as per the scheme opted by me, to be entitled to the benefits of XO HOLIDAYS Membership Plan.

4) I/We understand that the number of people who can occupy the apartment is as follows:-

Studio Apartment/Hotel Unit-3 Adults OR 2 Adults & 2 Children (Below 06 years, 2 children below 06 years to be considered as one adult).

5) I/We understand that the gifting of the nights is my/our responsibility and in this regard the Company does not undertake any responsibility or liability. Guest Fee is applicable as per company’s decision.

6) I/We understand that XO HOLIDAYS Membership Plan is non-refundable & company shall not buy it back from me/us.

7) I/We understand that at any given time the total accumulated nights to my/our credit cannot be in excess of 2 years annual entitlement. Holiday entitlements accumulated in excess of 2 years nights (including the current year) shall automatically lapse.

8) I/ We understand that the confirmation for reservation of regular holiday is subject to availability and eligibility. I/We are aware that without the Confirmation Voucher (CV) issued by the Company by mall/hard copy, I/ we will not have a right of entry into any hotels/resorts.

9) I/We understand that the Promotional Offer mentioned in the application form & signed by me/us will be final.

10) I/We understand that any part payment made by me/ us towards any outstanding shall first be appropriated towards interest and then earlier dues/outstanding.

11) In case of default in payment of any installment by me/us, the Company shall have the right to terminate my/our XO HOLIDAYS Membership Plan.

12) I/We have read the rules of cancellation, XO HOLIDAYS Membership Plan RULES and agree to the same.

13) I/We confirm that there are no other verbal/written promises or any other assurances not mentioned in the XO HOLIDAYS Membership Plan RULES that have been made by any Company personnel.

14) I/We understand that holiday bookings are always subject to availability.

I/We hereby confirm having read the Terms & Conditions and the Confirmation of Understanding mentioned above and affix my/our Signature as acceptance of the same.

1. DEFINATIONS:

A) “COMPANY” means XO HOLIDAYS PRIVATE LIMITED, a Company, incorporated under the provisions of the Companies Act 1958, having its registered office at Plot No. C-5, 1^st Floor, Booth No. 78, Shanti Nagar-C, Mansarovar, Jaipur, Rajasthan – 302020, India.

B) “APPLICANT” means a Person/Person(s) who apply for XO HOLIDAYS Membership Plan by executing the application form prescribed by the Company.

C) “CUSTOMER” means the sole/first named applicant in whose name the XO HOLIDAYS Membership Is registered against a Customer Number in the Company records.

D) “XO HOLIDAYS MEMBERSHIP PLAN” is a specific Membership Plan of XO HOLIDAYS PVT. LTD. to provide accommodation to the Customer at a price under the terms and conditions specified and rules framed there under, by the Company.

E) “HOLIDAY MEMBERSHIP” means the entitlement of the member, in whose name the membership is issued as per the terms of the application specified here in, to avail accommodation in the Designated Resorts (DR) of the company which is equivalent to 6 days in a Category as detailed in clause.

F) “HOLIDAY ENTITLEMENT MONTH” (HEM) means the month from which the Member is entitled to avail his/her accommodation for holidaying in any of the Designated Resorts (DR) as per the membership plan purchased.

G) “HOLIDAY USAGE PERIOD” (HUP) means a period of 1/3/5/10 Years commencing from the First Holiday Entitlement Month (HEM) and conditions mentioned herein.

H) “XO HOLIDAYS MEMBERSHIP PRICE” means total fee payable towards the price fixed by Company from time to time in respect of its membership plans. It shall be a non-refundable, payable by the customer and excludes interest and taxes as applicable.

I) “DESIGNATED RESORTS” (DR) means only such Resorts as specifically designated by the Company either developed/taken on lease or acquired by any other arrangement by the Company from time to time that are made available to XO HOLIDAYS Customers. Besides, within a particular DR, the accommodation/inventory for Customers are separately specified/designated and there could be other accommodation/ inventory in the said DR which are meant for other Plans/ Products of the Company.

J) “YEAR” means the rolling Year (12 calendar months) commencing from the month of HEM.

K) “DAY” for the purpose of availing accommodation in the Designated Resorts shall mean the time between check-in and check-out period which will vary from resort to resort. This will be as mentioned in the Confirmation Voucher.

L) “DOWN PAYMENT” (DP) means the minimum upfront payment made by the Customer towards the XO HOLIDAYS MEMBERSHIP Price as fixed by the company from time to time.

M) “APARTMENT” means different types of Apartments available for providing accommodation under Membership Plans, which may vary from one to another in Designated Resorts and may have different specifications.

N) i. STUDIO means furnished apartment consisting of living cum bedroom with or without kitchenette.

     ii. HOTEL UNITS means furnished apartment consisting of living cum bedroom.

O) “TAXES” means the taxes and levies more particularly described In Clause (6).

P) “AMENITIES” means provision of various facilities in the DR such as Restaurant, House Keeping, Security, Recreation, Entertainment and other provisions in the Apartment, which may vary from DR to DR,

Q) “CONFIRMATION VOUCHER” means the voucher issued by the Company to the Customer to avail accommodation during the holiday period at the DR.

R) “WEEKEND” means Friday, Saturday and / or Sunday.

S) “GUEST” means any person who is not defined as family member of the Customer as mentioned in clause (5) herein below.

T) “AGENT” is an inclusive definition includes Power of Attorney holder, Solicitor, Official Liquidator, Assignee, etc.

U) “PUBLIC HOLIDAY” means such national holidays and holidays declared under the Negotiable Instruments Act and shall include local holidays declared by the State Government and local authority for the area in which a particular DR is situated.

V) “GUEST FEE” means the fee that may be specified by the Company from time to time.

2. XO HOLIDAYS ADMISSION RULES:

1. A) “ADMISSION TO XO HOLIDAY MEMBERSHIP
2. An Applicant is admitted as a Customer upon proper application and realization of Down payment/Full payment made to the Company. The company may at the request of the Applicant, agree to the balance XO Membership price and installment under a payment plan and guarantees to insure due and prompt payment under the Installment facility.
3. The Customer shall fully comply with the obligations to pay the balance XO HOLIDAY Membership Price as per the agreed payment plan in a timely manner and failure of which, shall amount to breach of Contract by the Customer.

3. FACILITIES:

A) Accumulation Facility: The Customer can carry forward his/her unutilized annual NIGHTS to his/ her opening balance of the current Year subject to a maximum of immediately two preceding Years’ entitlement. The accumulated NIGHTS in excess of his/her entitlements of the immediately preceding two Years will lapse automatically and the Customer shall not be entitled for any compensation or damages. It is hereby clarified that, the Company shall not be responsible to send any notice or intimation to the Customer in this regard.

B) Advancement Facility: The Customer is not eligible to advance one immediate succeeding Year of his/her NIGHTS entitlement, to the current Year for availing appropriate accommodation subject to availability of accommodation.

4.RIGHT TO AUTHORIZE: GUEST FEE

A) Customer shall have the right to gift to authorize any adult to utilize the NIGHTS entitlement through guest certificate and such authorization shall be done at the time of reservation itself, subject to the payment of Guest Fee as applicable from time to time. CV will be issued in the name of the Guest only. It is hereby clarified that after the booking, the name of the authorized person shall not be changed for any reason. All the terms and conditions of the booking shall remain same as applicable for the customer.

5. RIGHT TO TRANSFER/TRANSMIT: All Membership Plans for XO HOLIDAYS are Non-transferrable

6. TAXES:

A) “A Customer 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 on XO Membership Price/Utility and or any other charges arising out of purchase and/or use of Holiday membership. Non-payment of taxes and levies shall disentitle the Customer from enjoying accommodation facility and shall amount to breach of contract and result In cancellation of Holiday Membership For the sake of clarity, the customer’s liability to pay Taxes shall Include changes in rates to the existing Taxes (either prospective or retrospective), enactment of new Taxes, etc.”

7. RESERVATION:

A) The Customer can request for reservation in any of the DR subject to the following conditions.

B) Reservations will open 60 days prior to the date of check-in. However Customer who pays less than 50% down payment is not entitled to avail the accommodation facility.

C) Holidays will be confirmed subject to availability of accommodation and will be processed on a “first come first served!” basis.

D) Maximum number of days for booking will be 2 nights 3 days at one-go.

E) To ensure equitable access to all customers, any reservation request for multiple apartments in a specific DR for the same /overlapping dates, the company reserves the right to confirm / refuse the booking.

F) “The Customer shall be entitled to authorize his/ her guest to avail a holiday against his/ her entitlement. This is subject to a maximum of 1 booking during a Year, irrespective of the current/ accumulated entitlements of the Customer. However the Company can restrict guest booking for certain datest /DR.”

G) If there is any overlapping (i.e… booking in multiple resorts in a particular year), for the purpose of calculation of above limitation of days, days that are booked on other DR either for the Customer or his/her Guest shall be included.

H) “Cancellation of Reservation post Confirmation:

               i.) If a Customer cancels his/her Reservation, once its booked by the company, the Customer would lose the XO Holidays Membership entitlement as percentages mentioned In the table below-

               Cancellation days                                                                                                       NIGHTS Entitlement Loss

               Up to 15 days prior to Check-In date                                                                                   0%

               If cancelled within 15 days                                                                                                     50%

               For all category – cancellation within 7 days prior to check-in date                          100%

8. CANCELLATION OF THE XO HOLIDAYS MEMBERSHIP BY THE CUSTOMER AND REFUND NORMS:

A) “Cancellation by the customer”

1. Any request for Cancellation shall be valid only if made by the Primary Applicant in writing either by letter or email and its receipt, duly acknowledged by the Authorized representative of the company.
2. If the Receipt of Cancellation Request is within 10 days from date of DP Realization 100% of the money paid by the customer will be refunded within 90 working days from the date of Cancellation by the Company.

          3. If the Receipt of Cancellation Request is beyond 10 days from date of DP Realization, there will not be any refund.

B) “Cancellation by the company

i. The company reserves the right to cancel the XO HOLIDAYS Membership plan purchased by any customer under the following circumstances. After giving 7 days notice to rectify the defect.

1. 2 consecutive defaults of EMI payments
2. Non-payment of the applicable interest for the above period.
3. Customer violating any of the terms and conditions and not rectifying/curing the same as per the request of the Company.
4. Any loss or damage suffered or incurred by the Company for reasons attributable to the Customer or his/her guests.
5. In all such cancellations, irrespective of whether such cancellation is by the Customer or by the Company, the Customer shall not be entitled to claim any interest or refund of any tax paid in this regard”

 9. OBLIGATION OF CUSTOMER:

A) The maximum number of occupants in an Apartment in DR will be 3/2/1 persons aged above 12 Years for Studio/Hotel unit respectively. Two Children below 06 Years of age will be treated as one adult. However, in few hotels/resorts the number of occupancy changes in respective units and the customer needs to confirm the same at the time of booking.

B) The Company is entitled to collect such charges to compensate it for the charges levied by the banks concerned for non realization through any mode of payment issued/ authorized by the Customer. This shall be in addition to other rights of the Company as may be available to it under the law.

C) “Customer on behalf of himself and on behalf of his/her representatives/nominees/ successors or any other person claiming title under him/her agrees to indemnify and hold Company, its agents. Affiliates, subsidiaries, directors. Offices, employees and applicable third parties e.g. relevant advertisers, syndication partners, licensors. Licensees, consultants and contractors (collectively indemnified person(s) losses, damages. against all third party claims, expenses. costs, liabilities etc… (Including awards, settlement amounts, and reasonable legal fees) as legal expenses brought by or against any indemnified person(s)), arsing out of related to or which may arise from any of the act, deed. omission, commission etc., on the part of the Customer or anybody connected to him/her/it including the guests or for any reasons attributable to any of them and/or for the Customer or anybody connected to it breaching any of the term of the rules. For any third party claims against the Company in the indemnified matters. While the Customer shall cooperate as reasonably required in the defense of any claim, the Company reserves the right, at its Customers expense, to assume the exclusive defense and control of any such matter subject to Indemnification by the Customer.”

D) Any communication/grievance/clarification by Customer shall be directed to or sought from the Company only.

E) Customer represents and warrants that all information provided by Customer to Company to enroll in the XO HOLIDAYS Membership Plan is true, correct and current.

F) “Customer agrees he/she including guests shall neither conduct nor allow conducting of any illegal activity while using the Customer’s entitlements or using the DR or while being at the DR. Company reserves the right to cancel the XO HOLIDAYS Membership Plan of any such Customer without warning and without obligation of any refund and to inform and give assistance to the relevant law enforcing bodies in respect of such act. Deed and conduct.”

G) “The Customer shall comply with all the house rules of the DR during the stay, the copy of which is available in all DR.”

H) The Customers and their guests are not allowed to take in any pets, carry illegal goods explosive inflammable substances or objectionable materials in any of the DR.

I) The Customer shall pay all the dues of the Company in a timely manner.

J) The Customers are not entitled to avail the XO HOLIDAYS Membership Plan for conducting any conference etc the accommodation should be used strictly for residential purposes on pleasure/ holiday trips.

K) There shall be no outstanding dues whatsoever pertaining to the membership be pending, at, the time of request for holidays made by the customer. In the event of any such pending shown in the account of membership XO HOLIDAYS reserves its rights to refuse the request for holidays.

10. GENERAL CONDITIONS:

A) A sole applicant shall purchase Membership in his/her name; in case of two applicants the application will be treated as a Former or Survivor basis application. More than two persons shall not be entitled for applying on any account, besides, for such joint application, the applicants should be from the same family consisting of father, mother, spouse and lineal offspring.

B) All communication to/from the Company shall be to the first applicant.

C) The Company does not undertake to pay rent, buy back or sell or facilitate the exchange of the XO HOLIDAYS Membership Plan of a Customer.

D) The Company reserves its right to market the DR Apartments or any portion thereof in respect of any day to free Individual traveler.

E) If the Customer, does not check—into the DR as mentioned in the CV (no-show) the Nights shall be debited and the company shall neither be liable to provide any other accommodation in any DR for the said Night nor any compensation, claim or damages in respect of such nights debited shall be available to the Customer.

F) In the event of any delayed check—in, it shall be responsibility of the customer to inform the concerned DR, in the absence of any such intimation the Company reserves the right to release the booking.

G) In the event of the any partial utilization of the CV due to delayed check—in/early departure or otherwise, the number of NIGHTS debited shall be as per the original booking.

H) The Customer shall promptly inform the change of address to the Company in writing supported with a valid KYC (Know your Customer) document. In case the Customer shifts out of India then he/she shall pay an additional amount as may be levied by the Company from time to time towards increase in administrative expenses that may be incurred by the Company.

I) the Company or its subsidiaries has rights to promote various holiday products and shall put up resorts for such products. The Membership customers shall not have right to claim or access to such resorts promoted by the Company. The Customer will be entitled to such benefits as are available under XO HOLIDAYS Membership Plan only and not under any other Plan/holiday products and resorts of such other Plan/holiday products that the Company has promoted/to be promoted by the Company from time to time. In this regard, the customer fully understand that even within a particular DR, Certain inventory/accommodation is meant or reserved for such other Plans/ Products and such inventory/accommodation is not available under XO HOLIDAYS Membership Plan. Besides such inventory/accommodation can be marketed separately by the company and/or any of its associates or agents. The customer cannot have any claim or grievance in this regards

J) ‘The Company for administrative or other convenience, reserves its right to convert Night of holiday accommodation into any other system without prejudice to the benefits that a Customer is entitled to as per the XO HOLIDAYS Membership Plan.’

K) “The purchase of Membership shall not be construed as purchase of Equity/Preference Shares in the Company or any ownership right or leasehold right over any of the properties of the Company; it shall also not be construed as purchase of debenture or extending loan to the Company. The purchase of Membership only allows the Customer to get accommodation in the DR for stay as per the terms and conditions and does not give him/her/it any rights or interest of whatsoever nature over the Company or its assets and properties. In addition to the above and notwithstanding anything contained anywhere in this set of Terms and Conditions, it is hereby fully clarified and the Customer fully understands and confirms that (a) all payments made by the Customers to the Company are for purchase of Services in form of accommodation in the DR under stipulated terms and conditions and the same are not for any investment, (b) except the said services, the Customer shall not receive any profit, income, produce or property, whether movable or immovable, (c) he/she/it does not have any ownership or leasehold rights over the DR or any part thereof and his/her right is strictly in form of a limited license to avail and use the accommodation in a DR under the terms and conditions stipulated by the Company and (d) the Company looks after and manages the DR as its own property and not on behalf of any of the Customers.”

L) The Company shall not be liable to the Customer if it is not in a position to fulfill obligations under XO HOLIDAYS Membership Plan, provided the same is due to any war/civil commotion, any force majeure reasons, Act of God or any other notification/order/decree from any government/Local Body/Court of Law or for any reason which is beyond the reasonable control of the Company.”

M) “Any promises and commitments, made either in writing or in words by any person representing the Company, outside the purview of or in contradiction to these terms and conditions are not binding on the Company.”

N) “If any provision or provisions of these terms shall be 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.”

O) “The Company doesn’t accept payments in Cash. All payments to the Company is to be made form of cheque/draft favoring” “XO Holidays Private Limited”, or through Credit Cards. Any payment in cash and cheque/draft not favoring the company is at the Customer’s risk and the Company will not be liable for the same.”

P) “The Customer is aware that in order to help him make the best use of product and ease of transactions, the Company needs to communicate the updates related to the Holiday Membership purchased by the customer like payments, transaction, holiday offers, promotions & other membership related information and hence irrevocably empowers the Company to communicate with him/ her vide any mode of communication during the entire tenure of his membership even if the customer has registered himself/ herself under the TRAI rules. In the event of change in contact details, it’s the customers’ responsibility to communicate the same and ensure communication does not continue to go to old contact details.”

Q) “In case of violation of any of the house rules by the Customer or his/her guest, at any of the DR or any other act of the Customer whereby the Company’s reputation/image is likely to be tarnished By such behavior the Company reserves the right to cancel the XO HOLIDAYS Membership of the Customer.”

R) All dispute(s), difference(s) or question(s) arising out of this transaction or otherwise shall be resorted to Arbitration as per the provisions of the Arbitration and Conciliation Act 1996, with such modifications/amendments thereto and venue of such Arbitration shall be Jaipur only. The Sole Arbitrator shall be nominated by the Managing Director of the Company. The language used in Arbitration proceedings shall be English only. The Parties agree to be bound by the award passed by the Arbitrator.

S) In respect of all matters between the parties hereto or his/her/heir(s)/representative(s) only the Civil Courts in Jaipur city alone shall have exclusive jurisdiction and to the exclusion of all other Courts.

T) The Company reserves the right to modify/amend/alter any of the terms and conditions contained herein and/or impose additional conditions at its sole discretion such clauses will be duly notified in the website of the Company. In addition, the Customer is subject to the prevailing rules & regulation of the DR concerned during the period of his/ her stay.

U) The Customer’s right shall automatically cancel if Customer being an individual is declared insolvent or bankrupt and in case of a Corporate entity or juristic person when it is completes liquidation or disbandment process or otherwise no longer exists, even if (where possible:) it is later restored by an official or court order or decision.

11. COMPANY’S OBLIGATIONS:

A) In case Company does not provide holiday after issuance of confirmation voucher for the DR, Company shall provide alternate accommodation in an equivalent standard or allot additional same number of room nights with the same validity. and in the event of default in providing alternate accommodation, Company shall pay liquidated damages equivalent 200% of the rent/tariff that maybe charged by Company for such accommodation in the allotted DR for the period for which the confirmation voucher is issued and accommodation/alternate accommodation could not be provided. This shall be the sole remedy of the customer against company in this regards.

B) The above liquidated damages shall be paid by company to the customer within 60 working days of such default.

C) In all cases where company provides alternate accommodation or pays liquidated damages, the number of nights confirmed by company shall be divided to customer’s account.

12. LIMITATION OF LIABILITY:

A) “Company makes no warranty, explicitly or implicitly, without limitation with respect to the availability, quality or suitability of the accommodation facility provided in any DR including all amenities thereon and expressly disclaims the warranties or conditions of merchantability and fitness for any particular purpose. Besides, under any circumstances, the company shall not be liable for any special, Indirect, incidental, consequential damages of any kind whatsoever (including, without limitation attorneys’ fees) in any way due to resulting from, or arising in connection with the XO HOLIDAYS Membership Plan or the DR or the failure of company to perform its obligations or for any alleged deficiency of service, regardless of any negligence. Except as otherwise provided, the accommodation and amenities in the DR are provided on an “”as is””,””as available”” basis and the Company disclaims all warranties. Above all, the agreed liability of the Company to any Customer including anybody connected to it shall under no circumstances exceed 25% of the total amount that is received by the Company through such Customer. No guests or relatives of the Customer shall have any privities with the Company except for the reason of succession or law of inheritance as stated in Clause herein above.”

13. ALL RIGHTS RESERVED:

“DISCLAIMER:    Information in this document is subject to change without notice. No part of this document may be reproduced or transmitted in any form or by means, electronic or mechanical, for any purpose without the express written permission of XO HOLIDAYS Private Limited. XO HOLIDAYS Private Limited may have pending trademarks, copyrights or other intellectual property covering subject matter in this document. The furnishing of this document does not give you license to these trademarks, copyrights or other intellectual property except as expressly provided in any written license agreement from XO HOLIDAYS Private Limited.

Applicant / Member Declaration

I have read and understood the terms and conditions of the membership, its payments and the rules and regulations along with privileges and restrictions stated hereinabove and state that the same are acceptable to me/us and are final and binding upon me/us. I/We further understand and confirm that apart from this agreement there is no other communication between me/us and XO HOLIDAYS Pvt. Ltd. and the obligations of XO HOLIDAYS Membership Plans are limited to the extent as described in this agreement only. This agreement supersedes all previous written/verbal communication if any between the me/us and XO HOLIDAYS Pvt. Ltd. or XO HOLIDAYS Membership Plan representatives

I hereby certify that the above details furnished are accurate. There is no misrepresentation or non-disclosure of facts. I hereby also declare that this application has been made on my own free will and without any coercion. I have gone through the above listed points, the XO HOLIDAYS Membership Plan terms and conditions and agree to abide by the same.