1. INTRODUCTION:

Welcome to The Holidays Club (THC) , a premier vacation program platform operated by ClubHolidays and Resorts Private Limited. Our goal is to provide customers with convenient access to high-quality vacation options, including resorts, hotels, and package tours for both national and international trips. Whether you're planning a relaxing getaway, a family vacation, or a business trip, we offer tailored vacation packages to suit your needs.

These Terms and Conditions ("Terms") govern your access and use of our website, services, and any associated products offered through The Holidays Club. By visiting our website, creating an account, purchasing a vacation package, or engaging with any of our services, you confirm that you have read, understood, and agreed to comply with these Terms. The

Holidays Club reserves the right to modify or amend these Terms at any time without prior notice. Any changes will be updated on our website, and it is your responsibility to review the Terms periodically to stay informed. Continued use of our services after any changes or updates constitutes your acceptance of the revised Terms.

Please read these Terms carefully before using our website or purchasing any vacation packages, as they contain important information about your legal rights, obligations, and remedies.

By using The Holidays Club services, you also agree that:

• You are at least 18 years old and capable of entering into a legally binding agreement.
• You will comply with all applicable laws and regulations in connection with your use of our services.
• You will provide accurate and complete information during the booking process and will keep your account details up to date.
• AMC is mandatory to pay every year if you failed to pay THC have a right to stop your services if you fail to pay AMC every year from the Date of Your purchase.

Failure to comply with these Terms may result in the termination of your access to our services and forfeiture of any payments made. If you do not agree with any part of these Terms, please refrain from using our website or services.

These Terms form a binding contract between you (referred to as "Customer," "Vacationer," or "Second Party") and THC (referred to as "First Party" or "The Holidays Club"). For any queries regarding these Terms, feel free to reach out to our customer support team using the contact details provided in Section 18.

The Holidays Club is committed to ensuring that your vacation experience is smooth, enjoyable, and hassle-free. Please familiarize yourself with the following Terms to fully understand your rights and responsibilities when booking with us.

2. ACCEPTANCE OF TERMS:

By accessing, browsing, or using The Holidays Club website (www.theholidaysclubs.com) or any of the services, you ("Customer," "Vacationer," "Second Party") agree to comply with and be bound by these Terms and Conditions ("Terms"), including any amendments made from time to time by The Holidays Club (THC). The use of our services signifies your understanding and unreserved acceptance of these Terms.

By purchasing any vacation package or service from THC, you expressly acknowledge and agree to the following:

2.1. Agreement to Terms:

• Your use of the website and the services provided by THC constitutes your acceptance of these Terms in full.
• If you disagree with any part of these Terms, you must immediately stop using our website and services.
• You confirm that you have the legal capacity to enter into a binding agreement under applicable law.

2.2. Representation of the Customer:

• You represent that you are at least 18 years old and legally capable of entering into agreements.
• You acknowledge that you are responsible for providing accurate, truthful, and up-to-date information when interacting with our website, including when creating an account or making a booking.
• You agree to update your account and personal information if there are any changes, ensuring that Holiday Clubs can effectively communicate with you.

2.3. Acknowledgment of Service Scope:

• By accepting these Terms, you acknowledge that THC provides vacation packages, including bookings for resorts, hotels, and package tours both nationally and internationally, as specified in the offerings.
• You understand and agree that all vacation packages are subject to availability, and your desired dates and locations are subject to availability.
• You acknowledge that The Holidays Club reserves the right to modify, replace, or withdraw any listed vacation packages at its sole discretion without prior notice.

2.4. Understanding of Payment Terms:

• By proceeding with any purchase, you agree to pay the full amount due as per the selected vacation package and any applicable fees, including Annual Maintenance Charges (AMC) where applicable every year from date of your purchase .
• All payments must be made in accordance with the payment methods accepted by The Holidays Club.
• You acknowledge that once a payment is made, it is non-refundable, and all sales are final. No refunds will be provided, except as outlined under specific conditions in these Terms.

2.5. Compliance with Vacation Rules:

• By accepting these Terms, you agree to abide by the rules and regulations set forth by The Holidays Club, including any resort or hotel policies during your stay.
• You understand that The Holidays Club reserves the right to make amendments to the rules and regulations governing vacation packages without prior notice.
• You agree to follow any instructions provided by The Holidays Club or its representatives and ensure that your conduct during the vacation does not infringe upon the enjoyment of other guests or breach any applicable laws.

2.6. Changes to the Terms:

• You acknowledge that The Holidays Club reserves the right to modify, update, or amend these Terms at any time without prior notice.
• Any updates to the Terms will be posted on the website, and it is your responsibility to review them periodically.
• Continued use of The Holidays Club services following the posting of updates constitutes your acceptance of the revised Terms.

2.7. No Guarantee of Specific Outcomes:

• By using The Holidays Club services, you acknowledge that the company makes no guarantees regarding the availability of specific travel dates, destinations, or any particular outcome of your vacation.
• You accept that The Holidays Club will make reasonable efforts to accommodate your preferences but cannot be held liable for unavailability due to external factors such as weather, occupancy, or third-party service providers.

3. Booking Process:

• All bookings must be requested through the booking department by emailing booking@theholidaysclubs.com or through other methods prescribed by THC.
• Bookings are confirmed on a first-come, first-served basis, subject to availability.
• Once confirmed via email, bookings cannot be cancelled or modified.
• Vacation packages offer a stay for durations such as 6 nights/7 days or 3 nights/4 days, based on availability.

2. Payment Terms:

• Payment Methods: All payments for services booked through the website must be made using the designated payment methods accepted by NN Hospitality Private Limited, including but not limited to credit cards, debit cards, net banking, and other electronic payment methods.
• Payment Gateway: All transactions made through the website shall be processed by a third-party payment gateway provider that are approved by the company. By using the payment gateway, you agree to comply with the terms and conditions set forth by the payment gateway platform, which may include specific requirements regarding payment authorizations, security protocols, and dispute resolutions.
• Non-Refundable Payments: The vacation charges paid are non-refundable under any circumstances. This includes any fees associated with booking, processing, or service charges.
• Payment Confirmation: Payments made via the payment gateway will be confirmed through an email or notification sent to the registered email address provided by the customer. It is your responsibility to ensure that the email address is accurate and up to date.
• Currency and Pricing: All payments must be made in the currency specified on the website. Prices may be subject to change at the sole discretion of NN Hospitality Private Limited. You agree to pay the total amount specified at the time of purchase.
• Failure to Pay: If payment is not received in full, THC reserves the right to cancel your booking or deny access to services until all outstanding amounts are settled.

Taxes and Additional Charges: You are responsible for paying any applicable taxes, fees, or surcharges that may be incurred as part of your transaction, as stipulated by local laws and regulations.

5. Annual Maintenance Charges (AMC):

• An Annual Maintenance Charge (AMC) is applicable, starting from the Effective Date of the vacation package purchase. The AMC may be revised without prior notice.
• AMC must be paid within 90 days of the Effective Date or before utilizing the first vacation, whichever is earlier. Non-payment of AMC will result in the suspension of the vacation benefits until all dues are cleared.
• AMC is payable annually, irrespective of whether the vacations are utilized.

6. Validity and Cash Out Price:

• The vacation package is valid only upon full payment to THC. In the case of a cash-out offer, the full amount must be paid within 30 days of the initial payment. If the payment is not completed, the package will revert to the full product price, and any partial payments will be forfeited.
• Failure to make full payments within 30 days will result in the cancellation of the package, and any money paid till that point will be forfeited.

7. Product Downgrade:

If the Vacationer fails to pay instalments or AMC by the specified deadline, THC reserves the right to downgrade the package. Once downgraded, the benefits under the original package can no longer be availed. The Vacationer will be assigned the closest value product with reduced benefits.

8. Identification and KYC Compliance:

• Before issuing the vacation card, the Vacationer must submit valid ID proof, two passport-sized photographs, and fulfill KYC norms as required.
• THC reserves the right to reject any application for failure to meet KYC requirements.

9. Withdrawal of Properties:

THC reserves the right to withdraw or change properties from its list without prior notice. Bookings are based on availability and priority, with higher season Vacationers receiving priority during high occupancy periods.

10. Splitting of Stays:

During peak seasons, a continuous vacation (such as 6 nights/7 days) may be split into shorter stays to accommodate more vacationers. If this occurs, any unused portion of the vacation will not be refunded or credited.

11. Exchange Fee:

A nominal exchange fee may apply if the vacation property is in a domestic or international associated location outside the standard offerings.

12. Indemnification:

• You agree to indemnify, defend, and hold harmless The Holidays Club (THC), its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your Use of Services: Any claims or disputes arising from your use of the website, services, or vacation packages provided by The Holidays Club.
• Breach of Terms: Your violation of these Terms, including any representations or warranties made herein.
• Negligence or Misconduct: Any negligent acts, omissions, or wrongful conduct by you, your guests, or any third parties associated with your bookings.
• Compliance with Laws: Your failure to comply with any applicable laws, regulations, or third-party agreements in connection with your use of The Holidays Club services.
• Third-Party Claims: Any claims made by third parties related to your use of the vacation packages, services, or any content you submit, post, or transmit through the website.
• Reservation Changes or Cancellations: Any claims arising from changes or cancellations made to your reservations, including but not limited to service disruptions or unavailability of accommodations.

13.  REPRESENTATIONS AND WARRANTIES:

By using the website and purchasing vacation packages, you represent and warrant that:

• Eligibility: You are at least 18 years old and have the legal capacity to enter these Terms. If you are acting on behalf of an entity, you have the authority to bind that entity to these Terms.
• Accurate Information: All information you provide to THC, including but not limited to personal details, payment information, and booking requests, is true, accurate, current, and complete.
• Compliance with Laws: Your use of the website and services will comply with all applicable laws, regulations, and third-party agreements.
• No Misrepresentation: You will not misrepresent your identity or affiliation with any person or entity.
• Responsibility for Minors: If you are booking on behalf of minors, you represent that you are their parent or legal guardian and that you consent to their use of the services.
• Authority to Use Payment Method: You have the right to use any payment method you provide and authorize THC to charge you for all applicable fees and charges related to your bookings.
• Acknowledgment of Risks: You acknowledge that travel involves inherent risks, and you agree to assume all such risks associated with your bookings and travel arrangements.

14. LIMITATION OF LIABILITY:

To the fullest extent permitted by law, The Holidays Club(THC) and its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the website or services, including but not limited to:

• Loss of Profits or Revenue: Any loss of profits, revenue, or anticipated savings.
• Data Loss: Any loss or corruption of data.
• Personal Injury or Property Damage: Any claims arising from personal injury, property damage, or any other damages arising out of your travel, bookings, or use of services.
• Third-Party Services: Any damages resulting from the acts or omissions of third-party service providers, including but not limited to hotels, airlines, or tour operators.
• Changes or Cancellations: Any delays, cancellations, or changes to your bookings that are beyond THC’s control, including but not limited to natural disasters, weather conditions, or government actions.
• Service Interruptions: Any errors or interruptions in the availability of the website or services.
• Failure to Perform: Any failure of THC to perform its obligations under these Terms due to circumstances beyond its reasonable control.

In no event shall THC's total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the specific service or product that gave rise to the claim.

15. INTELLECTUAL PROPERTY:

Ownership: All content, trademarks, logos, designs, graphics, software, and other intellectual property associated with the website and services (collectively referred to as "Intellectual Property") are the exclusive property of The Holidays Club (THC) or its licensors. You acknowledge that no ownership rights are transferred to you by your use of the website or services.

• Use any data mining, robots, or similar data gathering and extraction tools on the website.
• Trademarks: All trademarks, service marks, and trade names of THC, including but not limited to the name "Club Holidays & Resorts Private Limited," are the property of THC. You may not use any trademarks or service marks without the prior written consent of THC.
• Feedback: If you provide THC with any feedback, suggestions, or ideas regarding the website or services ("Feedback"), you grant THC a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback for any purpose without any obligation to you.
• Infringement: You agree to notify THC immediately if you become aware of any unauthorized use or infringement of its Intellectual Property. THC reserves the right to take appropriate legal action to protect its rights and interests.

• Limited License: THC grants you a limited, non-exclusive, non-transferable license to access and use the website and services for your personal, non-commercial use. This license does not allow you to:
• Modify, reproduce, distribute, or create derivative works based on the Intellectual Property without prior written consent from THC.

16.  FORCE MAJEURE:

THC is not responsible for any delays or inability to fulfill its obligations due to circumstances beyond its reasonable control, including but not limited to war, civil unrest, natural disasters, or government regulations.

17.  AMENDMENTS:

THC reserves the right to modify or amend these terms and conditions at any time. Continued use of the website or services following such amendments constitutes acceptance of the revised terms.

18.  REFUND:

All payments made towards vacation packages are non-refundable. This includes any deposits, installment payments, AMC, or full package payments. Once a payment is made, no refunds will be issued for cancellations, changes, or other circumstances.\

19.  DISPUTE RESOLUTION AND JURISDICTION:

In case of any dispute arising under this agreement, the parties agree to first attempt to resolve the matter amicably. If an amicable resolution is not possible, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration proceedings will take place in Bengaluru, Karnataka, India. The decision of the arbitrator will be binding on both parties.

The jurisdiction of all matters relating to the website and services shall be exclusively with the courts of Bengaluru, Karnataka, India.

 CONTACT INFORMATION:

For any questions, concerns, or clarifications regarding these terms and conditions, please contact our customer service department at:

• Email: booking@theholidaysclubs.com
• Phone: 1800 274 3000
• Office Address: Manali, Haripur, Naggar Road, Near State Bank of India ATM, 175136

By using The Holidays Club website and services, you acknowledge and agree to abide by these terms and conditions in full. These terms constitute the entire agreement between you and The Holidays Club regarding your use of our services.