Terms and Conditions

Definitions

a) “The Beverly Club” is a company incorporated under Companies Act, 2013 (18 of 2013) and the company is limited by shares.

b) Applicant means any person who is/are potential Vacationer/user who has applied for the membership of The Beverly Club.

c) Vacationer/User means the applicant whose application is approved by the Management/authorized person of The Beverly Club and in whose name The Beverly Club certificate is issued on realization of the down payment.

d) INTERNATIONAL EXCHANGE FEES means the fees which vacationer has to 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.

e) ANNUAL MAINTENANCE CHARGES or ANNUAL SUBSCRIPTION FEES means the charges decided by the management of The Beverly Club to be paid by vacationer every year. Blackout days means the time of Diwali week and Christmas week to New Year.

f) Holiday season means the time of the year which is not earmarked as BLACKOUT DAYS.

g) Signature membership means properties with 3-star and few properties from 4-star hotels/resorts and platinum membership means properties with exclusive of 4-star and 5-star hotels/resorts and The Beverly Club has the rights to withdraw any properties from the list at any time without prior information. The said list is available on the company website and shall be updated from time to time.

Application Procedure

The application for the membership to The Beverly Club may be made as per the prescribed format (Application form) that forms part of the membership terms and conditions.

The membership is subject to the terms and conditions, the rules and regulations made thereunder as amended from time to time and as notified to the members by putting a copy thereof at the office premises/websites or any other suitable places (“Rules and Regulations”).

The terms and conditions include the fee structure for the membership as of the membership agreement signed thereof as amended from time to time by management. PLAN AND FEE STRUCTURE ARE FORMING PART OF THIS AGREEMENT. The management of The Beverly Club vests exclusively in the director/s of The Beverly Club and its authorized personnel who in this rule and regulation 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 member (“MEMBER”) is a person whose application has been accepted by the management or authorized person. A member has the right to use the facilities provided by The Beverly Club 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 Holidays as well as other categories which might be notified to the member from time to time. Payment made under The Beverly Club will be considered as payment done for membership and all terms and conditions of The Beverly Club will be applicable.

Category of Membership

The membership to The Beverly Club is open for the categories:

a) Individual member

• Permanent resident of India

• Non-resident Indians

• Foreign nationals, desiring to visit or residing in India i.e., “Expatriates”

b) The corporate members shall be companies incorporated in India or abroad, partnership firms, or any other body incorporated under any national judiciary. Such corporate members may nominate their directors, partners, or employees as the case may be to use the facilities of The Beverly Club, subject to the terms and conditions and rules and regulations made in this regard. The corporate member may request for more than one nomination for a period of time and the fees as specified in the fee structure attached thereunder.

Eligibility

Persons indicated in clause “Category of Membership” hereinabove can offer their application for membership as per the details as given in clause “Procedure” hereinbelow. No individual member or corporate who has been declared to be an un-discharged insolvent or has been convicted by a court shall be eligible for the membership or the nomination to the resorts. A corporate shall be eligible to nominate a fixed number of persons or periods of time as provided for in the Fee Structure.

Default Clauses

The application for these vacationers needs to be submitted along with a copy of identity proof and address proof. The vacation charges mentioned should be paid via cheque/DD/credit card/debit card favoring The Beverly Club. Individual members and corporate applications/members seeking membership are required to submit the duly filled-in application form complete in all respects. The management of The Beverly Club has the absolute right to accept or reject any application for membership at their sole discretion without assigning any reason whatsoever and the applicant shall have no right to challenge the decision of the management. Membership is awarded only after proper and complete procedure is followed as decided by management.

Cash/remittance, if any, would be made only to The Beverly Club ACCOUNT DEPARTMENT and proper receipts should be obtained along with a mail-generated email sent to the registered mail address of the “vacationer”. The company will not be held responsible under any circumstances for cash payments made to company salespeople or any employees of marketing associates.

Vacationers Usage Rules

A Vacationer is entitled to 6 nights and 7 days every year. The calendar year is divided into Blackout and Holiday seasons.

The accommodation shall be provided in Regular or Superior rooms subject to availability.

Vacationer is entitled to accommodation of the selected time.

Either for two adults with two kids below 12 years of age or three adults.

A standard room can accommodate a maximum of either: a) Three adults or b) Two adults along with one washroom only.

Children above 12 years of age shall be considered as adults.

The criteria for age shall vary depending on the terms and conditions of the respective properties at which the agreement is being made.

Extra bed will be provided at the rate as applicable in the allied (respective) properties.

Dependent vacationers above twelve (12) years shall be considered as adult. Vacationers traveling with 4 adults must either have a 1BR membership or, in case of booking for 2 rooms and not having such membership, the second room cost has to be borne by the member. In whatsoever case, multiple apartment bookings exceeding the maximum size of persons allowed in a particular membership will not be entertained. All bookings and room allocations will be subject to availability. There will be no scope of dispute regarding the same.

The Vacationer will have the right to use their nights, may also gift, split the nights with prior information to The Beverly Club as per booking terms and conditions. Vacationers’ entitlement covers The Beverly Club affiliated/associated/allied properties which include but are not limited to short/long-term lease/tie-ups.

The Vacationers’ entitlement can be used in any of the allied properties. The said list is available on the company website and shall be updated from time to time.

Vacationer user agrees that the vacation package is valid only when the company receives the payment in full. The prices may revise from time to time without any prior notice.

Process of Availing Holidays

A member can avail a holiday by giving a request for a reservation as prescribed by The Beverly Club. In case of a joint applicant, a request for availing a holiday will be entertained from the principal member only. All holiday reservations shall be done on a first-come-first-serve basis and are consequently subject to eligibility and availability. The booking window will be open 60 days to 15 days prior for a signature member, 60 days to 15 days for a Platinum member.

The Vacationer user agrees that he/she was informed about the season/membership categories and accordingly he/she will make the booking request.

The Vacationer user agrees that he/she understood the booking process and is aware that booking can be done either through mail, Call Center, or through the membership portal on the website.

The Vacationer user understood that a member can never travel in Blackout Days; otherwise, he can book throughout the year which is not earmarked as “Blackout Days” as per availability and booking window.

The vacationer might be liable to pay an exchange fee for using international tie-ups. The fees may vary between 1000 to 2000 depending on city/country, seasons, and duration of travel.

Notwithstanding anything stated hereinabove, The Beverly Club shall not incur any liability if it is not in a position to fulfill its obligations by reason of any war, civil commotion, force majeure, pandemic, Act of God, other notifications from any court of law or Government of India or the concerned countries, or any other reason beyond the reasonable control of The Beverly Club.

Annual Maintenance Fees

a) The Vacationer user agrees to pay Annual Maintenance Charges (AMC) every year together with applicable taxes or other similar taxes (if any). AMC is applicable from the effective date and will be revised without prior notice. The first maintenance will be payable after 90 days of enrollment or before availing the first holiday, whichever comes first. The AMC is payable online and payable every year irrespective of usage of vacation/facilities/amenities. Failure to clear AMC will be a breach of agreement and vacation cannot be utilized until dues are cleared. The Vacationer is aware that failure to clear the dues The Beverly Club has the right to terminate the Vacationer package.

b) AMC is non-refundable and non-payment of AMC would amount to a breach of contract and the Vacationer would not be able to access the facilities as per the agreement any longer.

c) The Beverly Club reserves the right to charge additional fees including access fees or such other charges, as may be prescribed from time to time for usage in India or international properties.

Particulars of Vacationer Packages

In case of more than one application, the first user will have the right to request for booking on a 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 VACATIONER user through mail.

Any booking made cannot be canceled. The booking will automatically amount to usage of that holiday by the Vacationer.

The Vacationer user can avail the benefits on full payment of the gateway package with no dues in the system after receiving the gateway card and kit.

The Vacationer user can avail the benefits only after his holiday start date mentioned in the welcome letter or post 3 months of receiving the membership application form, whichever is earlier.

The Beverly Club has the right to withdraw any properties from the list at any time without prior information. Booking will be given on a first-come-first-serve basis and is open for booking as specified in the clause below. Booking will be confirmed subject to availability as per our inventory allowed with the hotels/resorts.

A nominal exchange fee may be applicable in the form of luxury taxes or state taxes or taxes with any other name regulated by the government of the location which is to be borne by the Vacationer user. Notwithstanding anything stated hereinabove, The Beverly Club shall not incur any liability if it is not in a position to fulfill the obligation by reason of war, civil commotion, act of God, any notification from any court of law or government, or any other reason beyond the reasonable control of The Beverly Club.

General Conditions

Withdrawal of Application and Terms of Refund

Members are allowed a period of 2 calendar days from the date of The Beverly Club’s realization of down payment to withdraw their membership application and claim a refund after deducting process charges and applicable taxes. If the application withdrawal duly signed by the member (in case of joint application, both the principal member and co-applicant) is not received by The Beverly Club within 2 calendar days from the date of receipt of down payment, the Member’s right to claim the withdrawal and the entitlement to REFUND shall lapse. To make this important communication on time, The Beverly Club recommends that you use speed post, registered post, or courier service for communicating with The Beverly Club.

Cancellation of Membership

a) A member can terminate the membership during the membership usage period by tendering a request in writing duly signed by both the applicant and co-applicant. In the event the communication for withdrawal of the application by the applicant is received beyond 2 days from the date of The Beverly Club’s realization, the down payment made by him shall be treated as a request for cancellation (as opposed to withdrawal of application detailed under clause 6.1 above) and the rules for cancellation shall apply. As observed in clause 2.1 above, the AF amounting to 60% of the membership price is non-refundable and only 40% of the EF is payable subject to deductions as stated in clause 6.2 and 6.2.3 below.

b) In the event of termination by the member, the member shall be entitled to a refund of the EF paid after deducting the amounts set out in clause 6.2 and 6.2.3 below.

c) Breach of contract by the member or any other action by the member and/or his/her/its guest or occurrence of any event or situation within the premises of The Beverly Club’s properties/offices both inside and outside India constituting a criminal offense against the membership or those accompanying the member. The refund shall be by and subject to clause 6.2 of this agreement.

Transfer of Membership

i) In the event of the death of a Vacationer 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 the death certificate of the deceased.

ii) In the event of a Vacationer user dying intestate, the entitled package will be transferred to the legal heirs on production of a death certificate and other such documents as required by The Beverly Club.

iii) In all cases, the legal heirs/successors to the deceased gateway user shall be entitled to only the unexpired portion of the package and shall be subject to all the liabilities and obligations of the deceased Vacationer user.

Taxes

Vacationer user 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 Vacationer price/AMC or any other charges arising out of purchase/use of The Beverly Club gateway (taxes). Non-payment of taxes and levies shall disentitle the Vacationer user from enjoying vacations and shall amount to a breach of contract and result in termination of the Vacationer agreement.

General

a) The Vacationer user agrees to purchase the Vacationer product of The Beverly Club and accepts the same subject to the terms and conditions of this agreement.

b) The Vacationer user understands the benefits available under these products which are more particularly listed out in this agreement. The Vacationer user further understands that no benefits other than those listed in this agreement will be available to the Vacationer user.

c) Unless mentioned in the offer column in the agreement, it can be arranged at a functional charge depending on the resorts, place, or country, and The Beverly Club has no responsibility for such services; it can only be done on the basis of availability. The Vacationer user understands that he/she is bound by the Rules and Regulations of The Beverly Club as duly amended from time to time. The decision of the management of The Beverly Club would be final in all matters.

d) Apart from these terms and conditions as mentioned above, all other statutes as applicable shall be binding on Vacationer users. The Vacationer user understands that this agreement SUPERSEDES including but not limited to any communication whether written or oral or any other written communication issued by The Beverly Club representative (including company letterhead or stamp).

e) The Vacationer user agrees that he/she has gone through and understood the terms, conditions, benefits, and obligations and has accepted the same.

f) The correspondence from The Beverly Club shall be addressed to the first-named applicant only.

Indemnifications

The Vacationer user agrees to indemnify, defend, and hold harmless from all claims, disputes, litigations, judgments, all costs, and attorney fees resulting from (a) loss, damage, or injury to the user and user’s family, guests, or their personal property, (b) any acts or omissions of the Vacationer user on the booking of or travel in connection with The Beverly Club package, (d) the acts, omissions, products, or services of any travel suppliers, person, or company rendering services in connection with The Beverly Club, (e) any failure or delay or performance by any travel supplier. The Beverly Club is not responsible for lost, stolen, or misplaced items. The Vacationer user is also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool/Jacuzzi features.

Arbitration

In the event of any difficulty, the Vacationer user can contact the Call Center team of The Beverly Club. In the event the Vacationer/User is not satisfied, the Vacationer/User shall discuss the issue with the resolution cell of The Beverly Club 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 the Arbitration and Conciliation Act, 1996. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment upon the award may be entered in a court of competent jurisdiction.

Jurisdiction and Applicable Law

These services rendered hereunder are subject to all the applicable laws and regulations of India, and the courts of law in Ahmedabad shall have exclusive jurisdiction, and there will be exclusion of all other courts to try and decide disputes, if any, between the parties.

These terms and conditions are agreed upon by the Vacationer/user, and the Vacationer/user agrees that he/she has read and understood all the terms and conditions.