Membership Terms & Conditions

Black out dates means the dates which are following under festive season e.g. new year, christmas etc.

CLAUSE 1: DEFINITION
  • “Applicant” - Any Person(S)/ Company/Firm(S) seeking For CNV Club Membership By Executing The Application Form Prescribed By CNV.
  • “Annual Subscriptions Fees” (ASF) - The Annual Fees Payable By A Member Toward Utilities, Upkeep, Upgrade And Maintenance Of CNV Notified Resorts (To Be Known As CNV Nr For The Purpose Of This Document) Wherein the Membership And Reservation Is Being Given To The Members. ASF excludes The Applicable Service Tax or Any Other Indirect Tax (By Whatever Name Called) Applicable At The Time Of Any Such Payment Under The Prevalent Laws.
  • “Apartment Type” - A Furnished Studio/ HU, 1 Bedroom/ Hotel Suite/ 2 Bed Room Apartment As Mentioned In The Certificate Of Membership.(The Specifications And Facilities Of The Apartment Type May Vary From Hotel/Resort To Hotel/Resort.)
  • “Down Payment” - The Minimum Up-Front Payment Made By The Member Towards The Membership Fees / AFAs Fixed By CNVFrom To Time To Time Which In Any Case Shall Not Be Less Than /Equal To 50% Of Membership Fees. In Case of 5/10 year membership & 30% in case of 25 years membership
  • Exchange Company : Any Company With Whom CNV Is Having An Arrangement For Arranging Exchange Of Holidays For Its Members, Which May Be Notified By CNV Time To Time.
  • Force Majeure Force Majeure Event Means Any Hurricanes, Acts Of God, Act Of Public Enemies, Wars, National Emergencies, Invasions, Strikes, Boycott, Riots, Insurrections, Civil Commotion, Floods, Fire, Restrictions Due To Quarantines, Epidemics, Storms, Interference By Any Governmental Agency Or Official (Whether Legal Or Illegal), Interference By Laws Or Regulations Of Any Government Or Subdivisions Thereof (Whether Legal Or Illegal ) And Shall Also Mean To Include Disturbances Created By Political Parties, NGOs, Or Any Other Organizations/ Groups In The Operation Of The Public Transport And/ Or In Transportations Of Men In The Territories.
  • “Member” - Any Person(S)/ Company/ Firm Who Has duly Filled In The Relevant Forms and adhered to the formalities so required Prescribed By CNV For Membership Along With A Payment Of An Amount, Which Is At Last Equal To Down Payment As Prescribed Herein Above As Down Payment.
  • “Membership Fee” - Total Fee Including Any Applicable Indirect Taxes On Such Fees And Excluding Any Direct Taxes( If Any Payable Towards CNV As Per The Price Structure Fixed By CNV From Time To Time.
  • "Membership Usage Period" - A Period Of… Years As Opted For By The Member.
  • “Night” - A Time Interval Between The Check In Time Of A Specified Calendar Date & The Check – Out Time Of The Subsequent h Calendar Date As Prevalent In Particular CNV Club Nr.
  • “Privileges” - And Includes Exchange Accumulation, Split, Advancing Of Holiday Entitlement And All Other Services Provided To The Members By CNV At Its Discretion In Connection With CNV Membership During The Membership Usage Period.
  • " Membership Rules" - The Membership Admission Rules And The Membership Usage Rules.
  • "Season Classification"- The Division Of Entire Calendar Year Into Such Number Of Seasons As Fixed By CNV Club From
    Time To Time. The Season Classification May Vary From On Resort To Another And Is Subject To Changes From Time To Time Without Any Advance Notice.
  • Splitting : A Member Can Split The Holiday Entitlement {As Per The Membership Certificate) And Avail The Same Subject To A Minimum Number Of 1 Night To Be Utilized.
  • "CNV" – For The Purpose Of This Document Naturevillas Holidays And Resorts India Private Limited Which Is A Private Limited Company Incorporated Under The Provision Of The Companies Act, 2013, Shall Be Referred To As CNV.
  • “CNV Membership Certificate” - The Certificate Of Membership Issued By CNV Against The Membership Application Form Along With Relevant Documents Duly Completed, Signed, Stamped And Filed After Making Payment Equal To At Least 25% Of The Total Membership Fees.
  • “CNV Notified Resorts” - Resorts, Hotels, Motels, Clubs Or Any Other Such Property By Whatever Name Called, Which Are Owned, Developed, Taken On Lease Or on Hire Or Through Any Other Arrangement Wherein CNV Has The Right To Sale And Market And To Make It Available To its Members As Per The Pre Agreed Terms And Conditions..
  • "CNV Clubs Membership" - Membership Plan Offered By CNV With Entitlements And Privileges As Specified Herein.
  • "Year" - Any Rolling Year (12 Calendar Months) Commanding From the Date Of The Start Of Membership Usage Period.
  • “Taxes” means The Taxes And Levies More Particularly Described In Clause-7

Part A: Membership Admission Rules

2. Admission
  • An Applicant shall be admitted As A Member Of CNV After due Fulfillment Of The Terms And Conditions as specified under the Definition Of "Member" Defined Elsewhere In This Application.
  • CNV Will Be Providing Multiple Payment Options To Its Clients Which Will Include The Combination Of Down Payment Through Cheque /Cash Along With Payment Through Credit Card, Through EMI To CNV And Financing Scheme (S) Based On The Eligibility Of The Applicant (Wherever Available).
  • In case of Breach And/orDefault In Payment As Per THE Opted Payment Mechanism By THE MEMBER , it shall amount to breach of the contract so stipulated between CNV and the 'Member', subsequent to which unequivocal rights shall be rendered in favour of CNV for termination of the contract. THE CNV Membership Certificate SHALL BE SENT To THE Applicant Within 45 Days From THE DATE Of Realization Of 100% of the membership fees at Least An Amount Equal To 25% Of THE Membership Fees.

PART B: MEMBERSHIP USAGE RULES

3. ENTITLEMENTS OF CNV CLUB.
  • A Member Is Entitled To A Week's Stay Every Year In The Apartment And Season Specified In The Certification Of Membership In Any Or The CNV Notified Resort During The Membership Usage Period, Provided The Member Is Not In Breach Of Any Of His Obligation Set Out In The Rules. Member shall agree To Comply With The Rules Governing CNV Notied Resort , in regard to which the 'member' wishes to avail the holiday. Prior To THE Commencement Of The Membership Usage Period, The MEMBER shall be Liable To Pay THE Membership FEE In FULL Or In Installments Under A PAYMENT PLAN Or ANY Other FINANCE Scheme Approved By CNV. Further THE MEMBER has the option to pay in the In Currency Of THE country Where He/She Is CURRENTLY RESIDING.
  • The membership usage period for members who are opting to pay the down payment of 30% of the membership fees (product price) shall commence as under:

A. Regular inventory of 6 nights will be credited to member once 100% of membership fee will be completed .

B. In the case of installment payments, the applicant shall deliver post-dated cheques/ECS/credit card authorization and/or do all the acts necessary to fulfill his payment obligations under this application(as per the agreed payment mechanism opted for by the applicant); any failure to make timely payment shall result in breach of the terms and conditions of this application /agreement.

  • A member can avail a holiday by giving a request for reservation in the form(s) that may be prescribed by CNV from time to time.
  • All holiday reservations for the members shall be done on a first-come-first-servebasis and consequently subject to eligibility and availability of apartment (as per the eligibility of the member based on the membership plan opted) at any of the CNV notified resorts. Request for reservation (for availing the membership benefits) shall be made by a member in advance as per the detail given below:
  • From 3 months prior to the proposed date of reservation till 2 days prior to the proposed date of reservation (depending upon the type of membership opted).
  • A member is entitled to enjoy/avail membership benefit related to holidays for a minimum period of 1 night and a maximum period of 14 nights at one stretch, subject to fulfillment of all the terms and conditions of this application/agreement and availability of apartment at any of the CNV notified resorts.
  • Every member shall have to opt for a combination of apartment and season as per the detail mentioned in the application form; any member desiring any alteration in such combination can approach CNV for change in such combination for availing holiday benefit. However such change is permissible only if the member approaches CNV within 15 days from the date of availing such holiday , however the request of change shall be subject to the availability. Any such change should be in line with the holiday multiplier chart as given elsewhere in this agreement\application.
  • CNV reserves the right to limit the number of apartments that can be booked simultaneously against a membership while availing any holiday benefit by a member.
  • In Peak Time Multiple Apartment booking is not permissible.
  • On confirmation of the availability of the holiday period requested, by the member, CNV shall issue a conformation voucher specifying the reservation detail including check-in and check-out time to a member for enjoyment of the holiday. The member shall abide by the terms and conditions mentioned in the confirmation voucher as well as by the rules and regulation of the respective CNV notified resort.
  • No request for transfer of confirmation voucher shall be entertained by CNV.
  • The request for cancellation of confirmed holiday is subject to such terms and condition as may be specified by CNV form time to time. The following norms shall be strictly followed in the event of cancellation of confirmed holiday (the date of receipt of the request for cancellation by CNV shall be reckoned as the date for the purpose of determining the applicability of cancellation norms):

A. 0-15 days before that start date of holiday - re-credit of entire number of nights of holiday.

B. From 15 days to 7 days before the start date of holiday - re-credit of the half out of the total number of nights or holiday;

C. Less than 7 days from the start date of holiday - the entire number of night shall be debited and/or cancelled.

  • The occupancy of the room shall be as follows:
  • Maximum number:
  • 3 adults in a studio apartment/hotel unit
  • Children:
  • A maximum of two children below the age of 8 ( above the age of 8, the child shall be considered an adult on the basis of a suitable age proof)
  • A child below the age of 5 shall not be counted for the purpose of determining the number of guests. NOTWITHSTANDING The maximum number of occupants allowed at different CNV notified resorts may vary and member shall have to agree to comply with the occupancy rules applicable to the particular CNV notified resorts in which member wishes to avail his/her holidays.
  • If for some unavoidable reason, CNV is unable to provide holiday/accommodation after issuance of confirmation voucher in the allotted CNV notified resort, in that case CNV shall provide alternate accommodation. Further in the event of default in providing alternate accommodation CNV shall only be liable to pay liquidated damage equivalent to 1oo% of the rent/tariff that is applicable to the allotted apartment and destination during the period for which the conformation voucher is issued. The liquidated damage payable, if any, shall be paid by CNV within 60 days of such default to the registered member or his/her legal heir only.
  • Notwithstanding anything stated in any part of this agreement, CNV shall not incur any liability if it is not in a position to fulfill any of its obligations mentioned in this agreement or otherwise by reason of any force majeure event.
  • In all cases where CNV provides alternative accommodation or pays liquidated damages, the same shall be in lieu of the number of nights confirmed in the confirmation voucher by CNV and those nights shall lapse after this arrangement. Member(s) and/or guests shall at the time of availing accommodation/ holiday at any of the CNV notified resorts shall fully comply with the rules and regulations of the particular property (with regards to reservation and accommodation) and shall complete all the documentary requirements in this regards (which may include declarations, KYC documents accepted by banks and other government organizations, indemnities and/ or any other requirement.

4. PRIVILEGES

Exchange at CNV shall be as defined under clause 1.6 and 1.7 of this agreement.
A member can avail the benefit of splitting his/her holiday as defined in clause 1.16 of this agreement.
A member can avail the privilege of accumulation of the unutilized nights and carry forward the same to succeeding year, subject to the below given terms and conditions:

I. The maximum number of nights to the credit of the member at any point of time shall not exceed 21 (twenty one) including the current years entitlement, beyond which the benefit shall lapse and the same shall not be entertained

II. A member can avail the benefit of enjoying nights of one year in advance (borrowed nights), subject to the below given terms and conditions:

I. The maximum number of nights to the credit of the member at any point of time shall not exceed 21 (twenty one) including the current years entitlement.

II. Member are allowed splitting in this case as well;
The members can gift / rent his / her its weeks / days subject to such terms and conditions as mentioned below:

I. In case of gift, member has to obtain guest certificate from CNV by paying applicable guest fee which shall be non-cancelable and non-transferable certificate and once obtained will result in cessation of all the rights of the member for the period for which such gift certificate has been obtained and member and the beneficiary of the gift has to adhere to the terms and conditions of the gift certificate.

II. Member has to arrange written confirmation on the terms and conditions of the guest certificate from the beneficiary of the gift.

III. In any case member shall be personally responsible for any of the acts of the person to whom theyhave let out their weeks and/or to whom they have arranged to issue the guest certificate.

IV. Any gift, rent and/or further sale shall be subject to payment of all the outstanding dues of CNV under this agreement and in case of sale, member has to obtain no dues from CNV and shall ensure that fresh membership certificate is issued by CNV
to the person buying the membership (any such person has to complete all the documentary formalities that may be required by CNV).
Member(s) can avail the benefit of holidays upon issuance of confirmation voucher by CNV. Any request for availing the holidays/benefit is\always subject to availability at the particular CNV notified resort(s).

5. Annual subscription fees (ASF):

A member shall pay ASF in advance for the year with in such time as stipulated by CNV from time to time.
A member cannot avail of his / her / its holiday entitlements unless the entire ASF due to paid in full.
Current tariff of annual subscription fees is as given below;

  • CNV reserves the right to revise ASF based on the infiationary situation of the economy along with the movement in the wholesale and retail price index of the economy.
  • In case a member advance his / her / its entitlement under (borrows from future year) as per the terms and conditions of this agreement, the ASF for the year (s) advanced is payable by the member at the time of advancing at the rates prevailing on the date of request.
  • The ASF is payable even if the member does not avail his /her / its holiday during a particular year and the member specifically agree to same. However, a member can avail special holiday offer even if ASF is due subject to the approval of CNV.
  • ASFis not refundable and non-payment of ASF would amount to gross breach of the terms and conditions of this agreement. CNV will issue a written demand every year for payment of ASF and members shall be required to make the payment in the specified mode as per the terms and conditions of that demand letter.
  • The ASF is payable even for the lapsed holiday entitlements and ASF is not linked in any way to availing of the holidays in any and/or all of the year(s).
  • In the event of non-payment of ASF including arrears if any within the stipulated period mentioned in the demand letter and in spite of intimation/written notice/reminder in this regard from CNV to the address provided by the member, the following shall apply;

I. Any delay in ASF shall attract interest @2% per month for delay in any month or part of the full month and no member shall be entitled to avail holiday(s) till the time ASF together with the above stipulated interest has been paid in full to CNV as per the mode specified in the demand letter.

II. CNV reserves the right to change/ modify interest on delayed payment of ASF.

III. Delay in payments of ASF beyond one year from the date of payment mentioned in the demand letter, shall result in gross breach and shall result in termination of the membership with a written intimation from the side of CNV.

PART C: GENERAL CONDITIONS:

6. Termination

Termination can be both on account of suomo to request of the applicant for termination/cancellation or termination by CNV on any of the accounts/grounds as may be mentioned in this clause. In the event of termination / cancellation or CNV club the following shall apply.

I. RECESSION PERIOD TERMINATION/ CANCELLATION : Withdrawal of application for CNV shall be permitted within the recession period which is 0 days from the date of enrollment / signing of the membership application form, provided such request for withdrawal is made in writing and signed (by both the applicants/ members in case of joint membership) and reaches CNV within 05 days, CNV shall refund the amount received from the member towards fee, after deducting processing fee of INR. 10000/-( Rupees Ten Thousand only) along with other statutory and necessary charges. CNV shall refund the balance within 60-90 days from the date of receipt of request for withdrawal. In case of joint applicants to the membership refund shall be made to the first applicant only.

B. In case of any type of termination, taxes (if any) paid/ recovered from the member shall be forfeited.

II. CNV reserve the right to terminate the membership on occurrence of any of the following events:
A. Defaults in payments of the membership fee in case of payment through EMI when three consecutive EMI's are not paid by the applicant/ member along with the applicable taxes.
B. Defaults in payments in ASF in full or part for three consecutive years by the members.
C. Breach of house rules of CNV notified resort by the member.
D. Any breach of the terms and conditions of this agreement/ application form by the member.
E. Any other action by the member or occurrence of any event or situation giving CNV a right to cancel/ terminate the membership.
Taxes : a member shall be liable to pay all taxes/charges/levies, statutory or otherwise imposed by or pay able to any central/ state government / local body or any other authority on membership fee / ASF under this application or any other specific local taxes levied on tourists by the respective state/local government for usage of the property. Non-payment of taxes and levies shall result in payment default under the terms and conditions of this agreement. For the sake of clarity, the member's liability to pay taxes aforesaid tax shall include changes in rate to existing taxes (either prospective or retrospective), enactment of new taxes etc.

7. MEMBERSHIP RULES

Any cancellation/termination request from the applicant shall be made in writing and shall be signed by the applicant (by both applicants /members in case of joint membership). In case of default in any payment by the member (including membership fees, ASF, taxes or any other dues under this agreement by whatever name called), provisions of clause 7. I shall apply. Without prejudice to the right of cancellation/termination by CNV, CNV reserves the right to collect the delayed payments from the member together with interest @ 18% per annum (on pro-rata basis) for the period of delay.
Once the refund request is accepted the transaction amount will be refunded to the same channel within 7-10 working days.
Appropriation of payment : First payment by the applicant shall be apportioned towards admission fees. In case of part payments made by the members toward any outstanding (with regards to membership fees or annual subscription fees), any such payments shall first be appropriated toward interest and then towards earlier dues/ outstanding amount.

Transfer of Membership :

A. A member who has paid the full membership fee is entitled to transfer his / its membership (without splitting or bifurcating the membership) to any person provided there is no dues payable by the member to CNV and subject to the rule provided in this section. Any such transferee shall be registered as member only when the transfer or member surrenders the original CNV membership certificate, membership card and an authorization letter for the transfer. In addition to the above, the transferee shall also produce the document of transfer as prescribe by CNV duly executed by the previous member and such other documents as prescribed by CNV and pays such fees as may be prescribed by CNV to wards transfer charges for effective transfer of membership. Any such transferee shall be entitled to avail CNV membership benefits, only during the unexpired portion of the membership usage period subject to the terms and condition contained herein.

B. Re-issuance of the membership certificate shall be issued by CNV within 45 days from the date of submission of transfer application along with necessary documents and payment of transfer fees.

C. A member is entitled to bequeath his / her membership (without) splitting or bifurcating the membership to any person. However such Transferee/ legatee shall be registered as member only when he/she or the original member surrenders the original CNV membership certificate and membership card and subject to such conditions and production of such documents as may be prescribed by CNV in this regard from time to time. Any such transferee/legatee shall be entitled to enjoy the week only during the unexplored period of the membership subject to the terms and condition contained herein in this agreement and only after a fresh CNV membership certificate is issued.

D. In case of death of any member (dying intestate) the membership can be transferred to the legal heir of the deceased member on the production of certificate of court having jurisdiction certifying the Heirship and on the production of the copy of the death certificate of the deceased member. However in all the cases there should be communication in writing from the claimant (legal heir by virtue of will or otherwise) and subject to fulfillment of the documentary requirements specified by CNV for effecting such transfer. In such a case surrender of the old CNV membership certificate and membership card is not mandatory but recommendatory in nature.

E. In case a person acquires membership after the death of the original member, he/she shall be entitled for the benefits of the remaining period only and shall acquire all the rights, obligations and liabilities of the deceased member under this agreement.

F. Notwithstanding anything given in any part of this agreement, CNV has the right to refuse transfer of membership to any person (in all the cases) if the person has been blacklisted by CNV in the past for any reason whatsoever. A member can gift his/her weeks/ nights. This privilege is subject to payment of guest fees/ charges and such terms and conditions as may be specified by CNV from time to time. The member's immediate family members i.e. spouse, parents, children are excluded from the payment of guest fees/ charges.
Notwithstanding anything contained in the clause 8.8 above, CNV shall have the sole right to refuse the gifting to any person on any of the below given grounds:

A. To anyone to who has applied for the membership earlier but his/her membership was refused by CNV (irrespective of the reason of refusal);

B. To anyone who was a member whether holding membership under any category with CNV.

CNV notified resorts asper the generally accepted industry practice will haves ome rooms exclusive l year marked for free individual travelers (Fits) and in such cases occupancy can be denied by the CNV notified resorts. However, in all the cases, CNV will make the best possible efforts to arrange the desired occupancy and will always try to provide next best option available in case of lack of occupancy for the demanded itinerary.

A member shall not be entitled to avail holiday or any benefits in case of any dues or outstanding payable to CNV as on the date of request for holidays.

Number of CNV notified resorts may change from time to time and CNV is free to, enter into and/ or terminate any new contracts/ arrangements for new resorts and hotels/ existing resorts and hotels and with their association with exchange partners.

A member can get the information regarding the availability of CNV notified resorts by getting in touch with the CNV notified numbers which can be obtained from CNV's website. Member hereby agrees and confirms that, member shall not make any claim whatsoever against CNV on the ground that the facilities provided in different CNV notified resorts are not the same or not the same in comparison to what was communicated earlier as different resorts and hotels have/will have different level of facilities and amenities.

CNV reserves the rights to change, modify, amend, alter the terms and conditions relating to the reservation procedure, privileges (exchange, accumulation and advancing), and any other matters related thereto.

Member shall be liable to make good any loss and/or damage or reimburse the amount of loss and/or damage, arising from any act or abstinence to act on the part of the member or persons accompanying him/her while availing the holiday benefits under this agreement. Ascertainment of the quantum of loss shall be done by CNV on reasonable grounds and any such ascertainment by member shall be final. Member shall be responsible to make good,/pay without any recourse on the basis of any such ascertainment by CNV. Until the member makes good the loss/ damage as mentioned above, member will not be able to avail any of the benefits of membership available under this agreement.

Members (along with all those accompanying members) shall comply with all the applicable stay, travel and enjoyment related rules and regulations of the CNV notified resort, which resort/hotel member has chosen for availing the benefit of holidays under this membership and if required by CNV, member will sign and accept all the general terms and conditions of stay of the particular hotel/resort( which are applicable to all the clients and/or patrons of the particular resort and hotel in question). Change of address, if any shall promptly be informed to CNV, in case, the member shifts out of Indian then He /She/ It shall pay such amount as may be fixed by CNV from time to time towards increased administrative expenses.

CNV may its discretion ,permit up-gradationor de-gradation of membership (in terms of apartment and/or seasons)subject to availability and applicable costs and such other terms and conditions as may be applicable to any such scenario and such terms and conditions are to be specified by CNV from time to time.

All requests for holiday and cancellation shall ordinarily be in writing and signed by the member and the co- applicant in case of joint applications.

All correspondence from CNV shall be addressed to the first name applicant only. In case of inconsistency in instruction or request for holiday, CNV shall act upon the instructions/ requests of the first applicant only.

CNV reserves its right to affiliate with any holiday exchange company and can replace/ remove/ add other holiday exchange companies for providing domestic and international exchanges. In such event, member shall be entitled to benefits subject to the applicable terms and conditions and on payment of prescribed fee.

In case of issuance of fresh and/ or duplicate membership certificate, CNV shall be levying administrative charges for the same and which are to be notified by CNV at the time of receipt of any such request from the members. Add-on card issued/ to a joint member (the co-applicant in the application form) on request, renewal thereof and payment terms shall be prescribe by CNV CLUB from time to time.

8. ARBITRATION AND JURISDICTION

All or any disputes, differences or questions arising of this transaction shall be settled by arbitration by a sole arbitrator to be appointed by CNV. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996.orany statutory amendment(s)/ modification(s) shall govern the arbitration proceedings there of for the time being in force. That Delhi High Court and the Courts subordinate to it alone shall have jurisdiction in all matters arising out of or touching and/or concerning this allotment.. In respect of all matters pertaining to this transaction, only Delhi Courts shall have jurisdiction to the exclusion of all other Courts.