These Terms of Holidays Purchase set out the legally binding contract between NCS Holidays & Hotels Pvt. Ltd. (“ NCS” or “we”) and each person who has agreed to purchase the holidays to use for the accommodation in a hotel, resort or apartment during the 10 (ten) years tenure. The accommodation is based on 1 (one ) room only on twin / triple / quad sharing or with or without extra bed depending on the individual accommodation. It is maximum for the family of 4 people ( 2 adults and 2 children).
“Corporate Participant” refers to a person whose payment for the purchase are paid to NCS by an entity or organization with which NCS has agreed to offer the Holidays Programme and not by the client himself.
These Terms of Purchase will apply to all programmes or services offered by NCS to its clients, their travelling companions and their guests (“Guests”) who uses the Holiday programme (“ NCS Holidays Programme”) together with any other applicable terms and conditions notified to you by NCS.
Your decision to buy Holidays should be based primarily on the benefits to be gained from the purchase, use and enjoyment of your Holidays at the worldwide accomodations and not on the anticipated benefits of exchanging it through the NCS Programme.
These Terms of Membership shall be governed by and construed in accordance with the laws of India.
NCS also provide international flights, coach or train travel, car hire, insurance, ferries, cruises and tours. Such services will have to be purchased from us related to the holiday purchase travel during the year and will be subject to the terms and conditions of the individual products.
The NCS Holidays Programme is not covered by any applicable Scheme of Financial Protection and does not form part of a package holiday regulated by any law for the time being in force in India (if any).
RELATIONSHIP WITH THE ACCOMODATIONS
NCS and the marketer, seller, trustee, owners , association and management of the Hotels, Resorts, Apartments etc. are separate and distinct entities and NCS has no joint venture, partnership or agency relationship with any of them. The NCS Holidays Programme and the products or services that are sold by or on behalf of any hotels, resorts , apartments, including but not limited to Holidays , are also separate and distinct.
NCS makes no promise or representation (other than any made in writing by NCS) about any accomodations, the title of the owner or trustee of the accomodations or the management of the accomodations by the management company. Clients must make their own enquiries and satisfy themselves on such matters.
NCS does not have any contract with any of the accommodations which it offers to its customers.
Accomodations are available based on the technology of the online system provided to its customers.
Information about the accommodations given by NCS, including but not limited to, facilities, amenities and services, is solely derived from information produced and provided by the relevant accomodations. You should be aware that facilities, amenities and services provided at the accomodations may be withdrawn without notice at the discretion of the respective accomodations or may be restricted at certain times of the year. Members must make their own enquiries about the accomodations description and satisfy themselves whether it will meet all their needs, particularly if travelling out of season. Although NCS provides accomodations information through the online technology tools which may be accurate and up to date, NCS cannot accept responsibility for giving and/or repeating any inaccurate, incomplete or misleading information provided by any accomodations.
APPLICATION FOR HOLIDAYS PURCHASE
To avail the holiday offer, you must:
Be at least 18 years of age
Complete and submit an booking application to NCS in the prescribed form (such application should be submitted either by yourself personally or by your authorised representative)
Pay the applicable charges to NCS and have your application accepted by NCS
We reserve the right to refuse any enrollment application, including without limitation if required to do so by the laws, rules or regulations of any local, state, national governmental entity or by any public, regulatory or law enforcement authority or court.
Your NCS Holidays Programme subject to these terms takes effect from the date we write to notify you of your unique number along with the user id and password.
Holiday programme is for the 10 year tenure basis, starting on the day of the month in which your application is accepted and expiring on the same day of that month in the year of expiry.
Purchaser must be the juridic person who will buy the Holiday Programme.
If a company, partnership, trust, unincorporated association or other entity purchases the Holiday Programme, it must provide the name of a juridic person nominated by the company or other entity to represent it.
Up to 2 person can jointly buy the Holiday Programme who live at the same address . You must nominate a lead person to act as our principal contact for matters relating to your programme.
NCS shall be permitted to take instructions from and disclose information about your holidays details to either co-owner.
If we are given conflicting instructions from co-owners, we are entitled to take any of the instructions received and act on those instructions. If we continue to receive conflicting instructions from co-owners, we may at our reasonable discretion suspend or cancel (with an appropriate refund)
the Holiday programme unless such instructions can be promptly reconciled or resolved.
Your Holiday programme of NCS is personal to you and cannot be transferred or sold.
METHODS OF PAYMENT AND REFUNDS
You should quote your unique code number on all bank transfers and cheques made payable to us to avoid error and undue delay.
You are responsible for paying your own bank’s charges in respect of all payments made to and refunds received from NCS except in cases where
NCS is found to be at fault.
We will subject to what are herein stated refund any payments made by you to us in the same manner and currency as the original payment was made.
USE AND ALLOCATION OF ACCOMMODATION
Clients accept that accommodation may vary in room size, design, fixtures, furnishings, amenities and facilities from their Holiday programme.
Hotels, Resorts, Apartments may, where necessary, allocate alternative accommodation to the room confirmed provided it has at least the same maximum occupancy and is of similar overall quality.
Clients and/or Guests must occupy and use any accommodation in a responsible, careful and safe manner.
Clients are responsible for any damage caused by them and/or by their Guests whilst staying at an accomodation.
You and/or your Guests must comply with the accomodation rules and bye-laws.
You and/or your Guests must replace any items missing from your unit on departure or the Accomodation may charge you and/or your Guests for replacement or retain a proportion or the entire deposit.
The total number of people (babies and children included) occupying the accommodation must not exceed the maximum occupancy of the unit set out in the confirmation voucher otherwise the Accomodation may refuse access.
Clients are responsible for payment of any applicable taxes, personal expenses, utility charges, security deposits and other fees or charges levied by an accomodation on occupiers for the use of amenities and facilities there.
You must comply with check-in and check-out times. If you and/or your Guests are going to arrive outside the check-in day and/or time set out in your confirmation, the accomodation must be contacted directly to make alternative check-in arrangements, subject to availability. The Accomodation may levy a charge or impose other conditions for any accommodation outside the days specified on the confirmation.
NCS does not guarantee the quality of the accommodation choosen by the clients . It is the sole responsibility of the client to choose the accommodation of his choice from the availability through the online system . He cannot come back and complained for the property he has stayed and cannot ask for any type of claim related to it .
TAX IMPLICATIONS AND LIABILITY
Taxes are levied on the hotels and services worldwide which are generally included in the price. In few instances city specific taxes are charged, which are nominal in nature, will have to be borne by the customers directly and NCS will not be responsible for the same.
In India , tax laws are very dynamic and hence the offer is exclusive of Service Tax or GST which have to be borne by the customers on actual basis.
Guest are allowed to travel above the age of 18 years only or age of 21 years or older for travel to USA.
Guests charges may apply depending on the destination of travel.
Guest certificates are non transferable and must not be used for any commercial purpose, including rental, sale or exchange to a third party.
Members are liable for all acts, omissions and/or defaults of their Guests whether accompanied by them or not including for any damage caused by them or expenses unpaid by them, for any charges relating to the booking or its cancellation, for occupation of the accommodation by more than its maximum occupancy and for replacing any missing items.
Guest charges are non-refundable in case of cancellation.
You may cancel a confirmed booking at any time either by yourself or in writing (by letter, facsimile or email) or by telephone and we will act on your instructions.
Check the cancellation policy applicable to your booking at the time of making the booking .
Cancellation charges will be applicable as per the individual accommodation policy and same has to be borne by the client without any excuse.
Please do not book any non refundable booking which may result you heavy loss in case of cancellation.
Cancellation charges has to be paid immediately otherwise the clients cannot use the holiday programme .
We reserve the right to cancel a confirmed booking or cancel an booking request and provide an alternate choice .
We accept no responsibility if confirmed accommodation becomes unavailable due to any reason beyond our control, denial of access by the respective accomodation or any natural disaster, act of God, civil unrest, government action or terrorist activity.
Where such circumstances as outlined above occur before departure, we reserve the right to cancel a confirmed booking. In these circumstances, we will offer you an alternative choice.
NCS reserves the right to cancel a confirmed booking, permanently cancel holiday programme privileges, revoke guest certificates, terminate the holiday programme of the relevant client and/ or deny access to any of the products or services offered in connection with a programme in the event of any:
misuse of a confirmed booking; or
misuse of a guest certificate by the Member or his/her Guest(s) (in particular, but without limitation, use for commercial purposes); or
other breach of these Terms of Holiday programme, where in NCS’s reasonable opinion, the misuse or breach in question reasonably justifies the proposed sanction.
Provided that there is sufficient time, NCS will notify the relevant client of its intended sanction and its reasons for imposing it and give the relevant client a reasonable opportunity to respond to the same prior to actually imposing the sanction.
TERMINATION OR SUSPENSION OF THE HOLIDAY PROGRAMME
We reserve the right to terminate or suspend your holiday programme and any future privileges and cancel any outstanding confirmed booking if any of the following occur:
you fail to pay any sums due to NCS or any associated company or any accomodations or any other party in connection with your holidays, or any relevant travel arrangements;
you bring any claims against us in respect of the NCS Holidays Programme or any relevant travel arrangements; or
you are found to be a vexatious or serial complainant who threatens or uses physical violence and/or harasses abuses or is verbally aggressive to our employees.
NCS does not own or operate any accomodations and is not liable for their description, services and/or presentation. Any complaints about accommodation or the services provided at an respective hotels, resorts , apartment should be made at the earliest opportunity to a person in authority at the respective accomodation itself. If this does not produce a satisfactory result, the Client or Guest should contact the local NCS supplier as soon as possible by telephone or by email.
NCS accepts no liability to its Clients or their Guests for any costs and expenses incurred by them during their stay at the accomodation (including without limitation the costs of alternative accommodation) where such clients or their Guests have complained about accommodation or the services provided at the respective place unless prior authorization from NCS’s office in Kolkata.
If you or any Guest suffers any loss or damage through use of the NCS Holidays Programme, howsoever it may arise, and you or
any Guest has received no benefit from the accomodation, we accept that we are liable for that loss or damage up to a maximum amount of two times the sums received by us for that holiday in connection with which the loss or damage occurred .
NCS is not liable for any damage, loss, or theft to personal property which occurs through you or your Guests’ use of the accomodations.
These limitations are also applicable to all associated companies, servants and agents of NCS.
NCS accepts no liability for the acts and omissions of any third parties providing non related programmes or services to you.
Please note that NCS is only responsible for statements about NCS and the NCS Holiday Programme made by NCS and not for any made otherwise or by any other third parties, who are independent and not agents of NCS.
Your specific passport, visa, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
NCS reserves the right to vary, withdraw or add to the services it provides at any time, with or without notice.
Purchaser shall not be entitled to assign his/its rights under the holiday programme or rights granted herein;
ENTIRE AGREEMENT COUNTERPARTS
This constitutes the entire Understanding between the purchaser and NCS with respect to the subject matter hereof, superseding all prior or contemporaneous negotiations, discussions and agreement if any
Neither forbearance nor indulgence nor relaxation by NCS to Purchaser at any time, nor any delay in exercising or omission to exercise any rights, powers or remedies accruing or available to NCS hereunder nor any extension, accommodation, consent, compromise, indulgence or release granted or shown by NCS to purchaser shall in any way effect, diminish or prejudice the rights, powers or remedies of NCS hereunder nor shall construe as a waiver of breach of such provisions .
GOVERNING LAW AND JURISDICTION
(a) All rights powers and remedies of NCS hereunder whether provided herein or conferred by statute, civil law , custom or trade usage are cumulative and not alternative and may be enforced successfully or concurrently ;
(b) All disputes and differences arising amongst the parties hereto or in any way relating to or connected with the construction of any of the terms hereof and / or anything done or to be referred to the sole Arbitrator to be appointed in accordance with the arbitration and Conciliation Act 1996, who shall have summary Powers and the decision of the said Arbitrator shall be final and binding on the Parties hereto and such proceedings shall be governed by the Arbitration & Conciliation Act, 1996 ;
(c) This agreement has been executed at Kolkata and all the amounts as may be payable by Purchaser to NCS hereunder shall be paid at Kolkata . Only the Courts at Kolkata shall have exclusive jurisdiction to receive try or entertain any matter or dispute arising out of this understanding
Any notice, request, demand or other communications required or permitted to be given hereunder by one party hereto to the other shall be in writing and shall be : (i) delivered by hand ; (ii) sent by facsimile ; or (iv) sent by recognized courier, to the respective corporate or business addresses ;
All notices, requests, demands and other communications shall be deemed to have been duly received on : (i) the date of receipt if delivered by hand; ii) the date ten (10) days after posting if sent by mail, whether ordinary or registered or postage prepaid; (iii) the date of transmission if sent by facsimile, provided that a confirmation copy is sent or received within three (3) days thereafter; or (iv) the date five (5) days after being dispatched by recognized courier , whichever is earlier. Either party shall notify the other party in writing of any change in its address or other communication details