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Web Site Terms & Conditions of Use

Introduction

The terms and conditions set out below (“Conditions”) apply to your use of this web site (www.zestbreaks.com) and related web sites (“Site”), including the use of the information services offered on the Site.

In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding.

If you do not accept these Conditions, you must refrain from using the Site.

These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

Conditions

1. Site

The Site www.zestbreaks.com makes available information relating to Zest Resorts owned or managed by Mahindra Holidays & Resorts India Ltd.(MHRIL) for their Zest Division. – MHRIL , a corporation constituted under the laws of India, and its subsidiaries, controlled entities, affiliates and related parties

2. Trade Marks

The Site contains “MHRIL” trade and service marks and devices (including the word “MHRIL”) and other valuable trade or service marks owned by MHRIL or licensed to MHRIL to distinguish its services and products. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written consent of MHRIL Without limitation, you must not use any of the said trade or service marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not undertaken or provided by MHRIL ;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages MHRIL or its information, products or services (including this Site).

3. Copyright

The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by MHRIL or licensed by MHRIL and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of MHRIL ,Without limitation you may not, without such approval from MHRIL, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party.

4. Your Use

The Site is for your personal non commercial use and the Information may be downloaded or printed by you solely for that purpose.

This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:

the Information may not be used for any commercial purpose or public display, performance, sale or rental;
no copyright or other proprietary notices may be removed:
the Information may not be transferred to another person;
software may not be interfered with in any manner;
every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
you will only use the Information for lawful purposes and in accordance with these Conditions.

5. Information

You accept that all Information provided on the Site or any other material accessed through the Site including via any Linked Web Site (refer Condition 8) is general information and is not in the nature of advice.

You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site.

Whilst MHRIL seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, MHRIL does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose. In particular MHRIL does not warrant that:

the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.

MHRIL is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.

MHRIL may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.

MHRIL does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, MHRIL may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.

6. Liability Disclaimer & Exclusion

In no event shall MHRIL be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:

your use of the Site or any Linked Web Site; or
your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site;

including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, .to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of MHRIL under, any such warranty, term or condition, then the liability of MHRIL shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.

7. Specific Warnings

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, MHRIL does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.

MHRIL does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

You must ensure that any information which you provide to MHRIL is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of MHRIL or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any MHRIL system, data or information.

8. Linked Websites

The Site may contain links to other web sites ("Linked Web Sites"). Those links are provided for convenience only and may not remain current or be maintained.

You acknowledge and agree that MHRIL does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.

Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by MHRIL of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary.

9. Online Payments

Please note that the online payment made is not from the MHRIL server and will be made through a non-MHRIL site (CITIBANK Payment Gateway). MHRIL is not responsible for, shall have no liability for and disclaims all warranties whatsoever, expressed or implied, related to the site, including without limitation any warranties related to performance, security, stability, or non-infringement of title of the site (including site content) or any controls downloaded from the site.

If for any reason, the transaction is disputed by the bank the card holder is liable to pay MHRIL
Please note that the account statement on the Web will take one hour from the time of payment to be updated and reflect the current status .

10. Security & Non Confidentiality

Electronic transmissions of data including the Internet are public media and any use of such media is public not private.
Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information.

MHRIL does not warrant and cannot ensure the security or confidentiality of any information which you transmit to MHRIL . Accordingly, any information which you transmit to MHRIL is transmitted at your own risk.

11. Termination of Access

If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you.
Otherwise access to the Site may be terminated at any time by MHRIL without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of MHRIL will nevertheless survive any such termination.

12. General

MHRIL does not accept any liability for any failure by MHRIL to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If MHRIL waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.

You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.

13. Governing Law & Jurisdiction

These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts of India.

14. Return to Site

To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions.

1 DEFINITIONS

1.1 "MHRIL" means Mahindra Holidays and Resorts India Limited, a limited company, incorporated under the provisions of the Companies Act, 1956, which term where applicable shall include its successors-in-interest and assigns.

1.2 “ZEST" means a Holiday Membership Package by which a Member can avail 6 (Six) room nights every year (accommodation only) within the allotted season in Zest Resorts during the term of the Membership Period as per the terms and conditions mentioned herein and House Rules applicable at the time of availing holidays.

1.3 "Zest Member" (ZM) means any person(s) / company / firm who or which is admitted to Zest Membership upon payment of Membership Fee in full or Down Payment where payment is made in installments under the Payment Plan of MHRIL, as the case may be and in whose name the Zest Membership card is issued.

1.4 "Membership Fee" (MF) means total fee payable towards Zest Membership as per the price structure fixed by MHRIL from time to time and shall comprise of a one-time non-refundable Admission Fee (AF) for enrolling into a Zest Membership being 60% of the Membership Fee and a one time Entitlement Fee of 40% of the Membership Fee payable towards provision of entitlements by MHRIL during the Membership Period.

1.5 “Down Payment” shall mean, where Membership Fee is paid in installments, 20% of the Membership Fee payable along with the application for Zest Membership or such other percentage of the Membership Fee as may be fixed by MHRIL from time to time.

1.6 "Notified ZEST Resorts" (ZR) means the Resorts developed / taken on lease / acquired by any other arrangement by MHRIL and specifically made available as Zest Resorts for availing holidays by the ZM. ZR shall be notified by MHRIL from time to time.

1.7 “Holiday Start Date” means the day from which the ZM is entitled to enjoy the holiday as mentioned in clause 3.2

1.8 “Year” means the rolling year (12 calendar months) commencing from the Holiday Start date.

1.9 "Membership Period" means 10 years commencing from the Holiday Start Date and ending on the date previous to the start date in the same calendar month in the 10th year.

1.10 "Annual Subscription Fees" (ASF) means the annual fees payable by a ZM every year towards utilities, upkeep, upgrade and maintenance of notified Zest Resort/s and other services provided by MHRIL in connection with Zest Membership.

1.11 “Season Classification" means the division of the entire calendar year into 3 seasons Viz. Verve, Buzz, & Pep. The Season Classification may vary from year to year for each of the notified ZR, one resort to another and is subject to changes from time to time without any advance notice. The decision of MHRIL in this regard is final and binding on ZM.

1.12 “Weekend Holiday” means a holiday that includes either a Friday night or a Saturday night (or both a Friday & a Saturday night)

1.13 "Apartment" means a furnished accommodation (without kitchenette) which accommodates 2 adults and 2 children below 12 years of age. Children above 12 years of age shall be reckoned as adults for the purpose of room occupancy.

1.14 "Roomnight" means an entire day starting with the Check-in time (as specified for the particular Notified Zest Resort and which may be changed from time to time) and ending on the next calendar day at the Check-out time (as specified for the particular Notified Zest Resort and which may be changed from time to time) and includes the night.

1.15 “Eligibility” means a Member becomes eligible to avail holidays from Holiday Start Date upon receipt of such amount as mentioned in clause 3.2(i)(a) to (d) below.

1.16 Rescission period: Rescission Period means a period of 10 days from the date of application.

2 ADMISSION TO ZEST MEMBERSHIP

2.1 An Applicant is admitted as a Member of Zest upon the payment of the Membership Fee in full or where the MF is paid in installments upon the realization of down payment. MHRIL may at the request of the Applicant, agree to receive the balance MF in installments under a payment plan of MHRIL. In the case of installment payments, the Applicant shall deliver post-dated cheques / ECS / Credit card authorization slips as required by MHRIL. The Applicant further binds themselves irrevocably to pay the installment amounts and undertake to ensure due and prompt payment under the installment scheme.

2.2 The ZM shall comply with the obligations to pay the balance MF as per the agreed price structure and in the agreed manner, failure of which, shall amount to breach of contract by the ZM.

2.3 The Applicant recognizes that the MF is payable by him / her /it for MHRIL's goodwill, reputation and brand equity. ZM confirms that he /she / it has / have, before joining, made due enquiries, received full information and are fully satisfied with the facilities available. The Applicant understands that MF is therefore not refundable under any circumstances except as provided in Clause 6.1 below.

2.4 The Zest card shall be sent by MHRIL to the Applicant within 30 days from the date of realization of the Membership Fee or Down Payment where Membership Fee is paid in installments. However, Holiday Start Date shall be as set out in clause 3.2.(i) (a) to (d)

3 ENJOYMENT OF ZEST

3.1 A ZM is entitled on accommodation basis only to 6 roomnights every Year (60 roomnights during the Zest Membership Period) in the apartment within the allotted season in any of the notified Zest Resort during the Membership Period, subject to availability and subject to such conditions as may be imposed by MHRIL from time to time provided the ZM is not in breach of any of his / her / its obligations set out in the Rules, Any additions / withdrawals to the notified Zest Resorts will be communicated to ZM on periodical basis. The ZM is entitled to holiday only in notified Zest Resorts and not in any other resorts/ hotels promoted by MHRIL such as Club Mahindra.

3.2 The Holiday Start Date shall commence as under:

(i) The Holiday Start Date shall commence as under:

a. The Holiday Start Date for ZM opting for full payment shall commence after 1 month from the date of application, subject to realization of payment.

b. The Holiday Start Date for ZM opting for 6 month installment plan shall commence in the subsequent month of the down payment and the first two installments.

c. The Holiday Start Date for ZM opting for 12 month installment plan shall commence in the subsequent month of the down payment and the first four installments.

d. The Holiday Start Date for ZM opting for 24 month installment plan shall commence in the subsequent month of the down payment and the first six installments.

e. The Holiday Start Date for ZM opting for 36 month installment plan shall commence in the subsequent month of the down payment and the first eight installments.

(ii) Prepayment of Installments is not allowed.

(iii) In the event of any delay/default of the payment of the installments under the Payment Plan of MHRIL, the entitlement of the ZM for the Holidays shall commence only upon receipt by MHRIL of the installment payments as set out in 3.2(i) (a) to (d) above. However, the Zest Membership Period shall be reckoned from the subsequent month after the last date on which the installments ought to have been paid under the Payment Plan of MHRIL.

3.3 Accumulation Facilities: The ZM shall be entitled to accumulate his / her / its unutilized Holidays nights in any year subject to the following terms and conditions:

(i) The maximum of days to the credit of the ZM at any point of time shall not exceed 12 nights (Twelve nights) including current year’s entitlement.

(ii) Any days in excess of 12 Nights (Twelve Nights) at any point of time shall automatically lapse and no compensation / refund is payable by MHRIL for the same.

3.4 Advancing Facilities: The ZM shall be entitled to advance his / her next year holiday subject to a maximum of 12 Nights consisting of current year and subsequent year’s entitlement subject to the following terms and conditions:

a. Under the advancing facility, Zest Member shall be entitled to advance the succeeding year entitlement only

b. ZM shall be entitled to avail this facility only upon payment of ASF for the year and for the subsequent year.

c. ZM shall be entitled to avail of this facility only after the second year.

3.5 A ZM can avail of a holiday by giving a request for reservation in form(s) as may be prescribed by MHRIL.

3.6 All holiday reservations shall be done on a first-come-first-served basis and are consequently subject to eligibility and availability. Request for reservation can be done from up to 3 months to 24 hours earlier to the check in date.

3.7 On confirmation of the availability of the holiday period requested for by ZM, MHRIL shall issue a confirmation voucher specifying the check-in and check-out time (which may vary from Resort to Resort) to ZM for enjoyment of the holiday. The ZM shall abide by the terms and conditions mentioned in the confirmation voucher and the House Rules at the Zest Resort. All holidays shall have to be confirmed by MHRIL by issue of a Confirmation Voucher.

3.8 No request for transfer of confirmed holidays shall be entertained by MHRIL.

3.9 A ZM is entitled to enjoy a minimum of 2 nights stay (Split Holiday) upto a maximum of 12 nights in a year in the case of advancement. The ZM shall be entitled to enjoy and avail of the advancement only if the ZM has paid the ASF for the current year and also for the advanced year.

3.10 Utilization: The ZM can avail his/her/it’s holidays only on becoming eligible as per 1.15 above and can use the holidays as follows:

a. The ZM can avail up to 6 (SIX) 12 room nights in a year subject to such terms and conditions as may be imposed by MHRIL from time to time and subject to availability.

b. In one year, a ZM can only avail of one Weekend Holiday. In the case of advancement, the ZM shall be entitled to two Weekend Holidays.

c. Also, on a Weekend Holiday, a ZM can only book one room on any calendar date against his / her / its Membership entitlement.

d. The ZM is not entitled to request for a holiday in the event of any dues payable to MHRIL towards EMI, ASF, etc.

3.11 All requests for Holiday are subject to availability. The unutilized number of room nights at the end of the Zest Membership Period shall lapse automatically and no refund/compensation is payable for the same.

3.12 The request for cancellation of confirmed holidays is subject to such terms and conditions as specified by MHRIL from time to time. The following norms shall apply in the event of cancellation of confirmed holidays. The request for cancellation of confirmed holidays shall be made by the ZM in writing. The date of receipt of the request for cancellation by MHRIL shall be reckoned as the date for the purpose of determining the applicability of cancellation norms.

a) Upto to 7 days before the start date of holiday - re-credit of entire number of days of holiday.

b) From 6 days to 4 days from the start of the holiday 50% of the days confirmed would be debited.

c) From three days from the start date of holiday - the entire number of days shall be debited.

3.13 The maximum number of occupants allowed shall be 2 Adults and 2 children below 12 years in the Apartment. Children above 12 years shall be reckoned as adults for the purpose of room occupancy.

3.14 If for some reason, MHRIL is unable to provide holiday after issuance of confirmation voucher in the allotted ZR, MHRIL shall provide alternate accommodation. In the event of default in providing alternate accommodation, MHRIL shall only be liable to pay liquidated damages equivalent to 100% of the tariff applicable for an equivalent room in the destination during the period for which the confirmation voucher is issued. The liquidated damages payable, if any, shall be paid by MHRIL within 30 days of such default and this shall constitute ZMs’ sole remedy against MHRIL in this regard.

3.15 Notwithstanding anything stated herein above, MHRIL 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, act of God, other notification from any Court of Law or Government or any other reason beyond the reasonable control of MHRIL.

3.16 In all cases where MHRIL provides alternative accommodation or pays liquidated damages, the same shall be in lieu of the number of days confirmed in the confirmation voucher by MHRIL and ZM agrees to the same.

4 MEMBER PRIVILEGES

4.1 A ZM is entitled to use his / her / its entitlement in a different season only as mentioned below and subject to the following exchange rules.

4.2 Exchange rules for Weekday usage:

a. Verve would be entitled to number of days availed in own season multiplied by the following factors for use in other seasons as detailed below:

i. In Buzz season – 1.5

ii. In Pep season – 2

b. Buzz would be entitled to number of days availed in own season multiplied by the following factors for use in Pep season as detailed below:

i. In Pep season – 1.5

c. Pep ZM would be entitled to weekday only during Pep Season.

4.3 Exchange rules for Weekend Usage

a. Verve ZM would be entitled to weekend exchanges during any season and such exchange would remain on a 1:1 basis.

b. Buzz ZM would be entitled to weekend exchanges only during Buzz or the Pep season and such exchange would remain on a 1:1 basis.

c. Pep ZM would be entitled to weekend only during the classic season.

Weekend exchange irrespective of seasons would remain on a 1 : 1 basis only, that is, the multiplying factor for a) to c) above shall be 1 (one).

4.4 ZMs shall be entitled for exchange of season only as set out in clauses 4.2 and 4.3 above. No other exchanges are permitted. (In other words, exchange for Pep to Buzz/ Verve, Buzz to Verve are not permitted)

4.5 The ZM can gift his / her/ its weeks / days subject to such terms and conditions as set out in clause 10.

5 ANNUAL SUBSCRIPTION FEES (ASF)

5.1 A ZM shall pay ASF in advance for the year within such time as stipulated by MHRIL from time to time. The ZM is not entitled to pay ASF for future years in advance except in the case of Advancement of Holidays.

5.2 A ZM cannot avail of his / her / its Holiday entitlements unless the ASF is paid in full.

5.3 ASF may be revised from time to time by MHRIL and the ZM undertakes to pay the ASF every year within the time stipulated by MHRIL.

5.4 In case a ZM advances his / her / its entitlement under Clause 3.4 above, the ASF for the Year advanced is payable by the ZM at the time of advancing at the rates prevailing on the date of request.

5.5 The ASF is payable even if the ZM does not avail his / her / its holiday during a particular year. The ZM specifically agrees to the same duly recognizing the fact that MHRIL must maintain the notified Zest Resorts.

5.6 ASF is not refundable under any circumstances and non-payment of ASF would amount to breach of Contract.

5.7 First ASF shall be payable by the ZM on the Holiday Start Date.

5.8 In the event of non-payment of ASF within the stipulated period in spite of intimation in this regard from MHRIL to the address provided by the ZM, the following shall apply:

a) ZM shall not be entitled to avail holidays till the payment of ASF together with interest, if any that may be charged by MHRIL in accordance with clause (b) below.

b) MHRIL reserves the right to charge interest @ 18% p.a. on monthly basis for the outstanding ASF payable by the ZM or at such other rate of interest as may be fixed by MHRIL from time to time.

c) In the event of non-payment of ASF and / or Interest by ZM, MHRIL shall be entitled at its option to terminate the Zest Membership as set out in Clause 6.2(c). In the event of termination, the deductions and conditions mentioned in Clause 6.2 below shall apply.

d) No transfer / transmission of Zest Membership shall be given effect to by MHRIL until all outstanding towards EMI, ASF, etc., together with interest, if any are paid in full by the ZM.

6 TERMINATION

6.1 In the event of termination / cancellation of Zest Membership, the following shall apply.

Rescission Period Termination / Cancellation:

Withdrawal of application for Zest Membership shall be permitted within the Rescission Period which is (10) days from the date of application, provided such request for withdrawal is made in writing and signed by the Applicant and reaches MHRIL within 10 days from the date of application. In the event of such withdrawal, MHRIL shall refund the entire amount received from the ZM towards Membership Fee within 30 days from the date of receipt of request for withdrawal.

6.2 Post Rescission period termination / withdrawal by Applicant / MHRIL:

a) In the event of withdrawal of the application by an Applicant beyond 10 days and within 6 months from the date of application, MHRIL shall refund the amount after deducting the following amounts from and out of the amounts already paid by the Zest Member:

(i) Admission Fees being 60% of the Membership Fee,

(ii) Cost of the Holidays availed by the ZM,

(iii) Special offers received by the ZM,

(iv) Outstanding ASF together with interest

(v) Taxes due / paid by MHRIL.

(vi) Any other amount/s due to MHRIL.

b) No withdrawal of the Application shall be permitted after six months from the date of Application.

c) In the event of termination of Zest Membership by MHRIL or the ZM, the ZM shall be entitled to a refund of the balance amount after deducting the amounts set out in Clause 6.2. (a) The ZM shall not be entitled to any refund of the Admission Fee. For the sake of clarity, the ZM shall not be entitled to the refund of any service tax that may have been paid by MHRIL in connection with the Zest Membership. If the amount already paid by the ZM is insufficient to recover the above, the ZM shall pay amount in shortfall and due to MHRIL within 7 days from the date of termination. Delayed payments shall carry interest @ 18% p.a till the date of payment by the ZM.

d) MHRIL reserves the right to terminate the Zest Membership at any time on occurrence of any of the following events.

Default in payment of Membership Fee by the ZM.
Default in payment of the EMI’s
Default in payment of ASF by the ZM.
Breach of House Rules of notified Zest Resort by the ZM
Breach of Contract by the ZM
Any other action by the ZM or occurrence of any event or situation where termination of the agreement is the appropriate remedy for MHRIL.

6.3 In the event of termination aforesaid, the ZM shall return to MHRIL the Zest Membership Card and other documents issued by MHRIL in order to avail of the refund of the balance amount, if any. MHRIL shall refund the balance amount if any, after deductions set out in Clause 6.2 (a) above within 90 days from the date of receipt of the above.

6.4 All requests for termination shall be made by the ZM in writing.

7 TAXES

A ZM 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 Membership Fee / ASF any other charge arising out of purchase and / or use of Zest Membership ("Taxes") excepting the Property / Municipal taxes which shall be paid by MHRIL. Non-payment of taxes and levies shall disentitle the ZM from enjoying Holidays and shall amount to breach of contract resulting in termination of Zest Membership. For the sake of clarity, the ZM’s liability to pay Taxes shall include changes in rates to existing Taxes (either prospective or retrospective), enactment of new Taxes, etc.

8 DEFAULT IN PAYMENT OF INSTALMENTS

8.1 In cases of default in payment of any installment/s, MHRIL shall have the right to terminate the Zest Membership and to claim the amounts set out in Clause 6.2(a), if the same is not paid despite a notice issued by MHRIL in this regard and upon the expiry of the period mentioned in the notice, which shall not be less than ten (10) days. The notice shall be sent to the address provided by the ZM to MHRIL.

8.2 Without prejudice to the right of cancellation, MHRIL reserves at its sole discretion the right to collect the delayed payments together with such interest as may be decided by MHRIL from time to time.

8.3 ZM shall not be entitled to avail holidays if any amount/s is due and payable to MHRIL as on the date of request for holidays.

8.4 MHRIL is entitled to collect such charges as levied by institutions concerned for dishonour of instruments

9 TRANSFER OF ZEST MEMBERSHIP, ETC.

9.1 A ZM who has paid the full Membership Fee is entitled to transfer his / her / its Zest Membership (without splitting or bifurcating the Zest Membership) to any person provided there is no dues payable by the ZM to MHRIL. Any such transferee shall be registered as ZM only when he / she / it surrenders the Original Zest Membership Card and an acceptance letter from the Transferee to comply with the Rules. The transferee shall also produce the document of transfer as prescribed by MHRIL duly executed by the Transferor and such other document prescribed by MHRIL and pays such fees as prescribed by MHRIL from time to time towards transfer charges for effecting Transfer of Zest Membership. Any such transferee shall be entitled to avail the Zest Membership only during the unexpired portion of the Membership Usage Period subject to the terms and conditions contained herein. Re-issuance of the Membership Card shall be affected within 30 days from the date of transfer.

9.2 In the case of death of a ZM, the Zest Membership shall be transferred to the legal heirs on production of Death certificate, Legal Heirship Certificate and such other documents as may be required by MHRIL and upon payment of the prescribed charges for the transfer.

9.3 In all cases, the legal heirs / successors to the deceased Applicant/Member shall be entitled to only the unexpired period of the Zest Membership and on obtaining a fresh Zest Membership Card from MHRIL and shall be subject to all liabilities and obligations of the deceased Applicant / ZM.

9.4 Notwithstanding anything contained in this Clause 9, MHRIL shall have the sole right to refuse the transfer of Zest Membership to any person:

a) who has been refused ZM by MHRIL; or

b) having been admitted to Zest Membership and the Zest Membership was terminated / cancelled for any reason; or

c) in the opinion of MHRIL it is not desirable that he/she/it becomes a Zest Member. MHRIL’s decision in this respect shall be final and binding.

10 GIFTING

10.1 A ZM can gift / his / her/ holiday / holidays. This privilege is subject to payment of guest fees / charges (at present Rs. 500, which may be revised by MHRIL from time to time) and a letter of authorization as per the format prescribed by MHRIL and on such terms and conditions as may be specified by MHRIL from time to time. Subject to clause 3.13 and the House Rules in this regard the ZM’s immediate family members i.e., spouse, parents, children are excluded from the payment of guest fees / charges. However it is expressly understood by the ZM that MHRIL does not undertake to rent out the holiday or any portion thereof.

10.2 The authorized person in whose favour confirmation voucher is issued shall produce the proof of identity on request from MHRIL.

10.3 Notwithstanding anything contained in this Clause 10, MHRIL shall have the sole right to refuse the gifting / renting to any person:

a) who has been refused Zest Membership by MHRIL; or

b) having been admitted to Zest Membership and the Zest Membership was terminated for any reason; or

c) in the opinion of MHRIL it is not desirable that he/she/it becomes a Zest Member. MHRIL's decision in this respect shall be final and binding.

11 GENERAL CONDITIONS

11.1 All requests for holidays shall be subject to eligibility and availability only.

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

11.3 The number of notified Zest Resort that are available for holidays may vary from time to time. MHRIL reserves its right to withdraw any notified Zest Resort from the list of Resorts without notice and ZM agrees to the same. Further, the specifications and facilities of notified Zest Resort may differ from one Resort to another. Information regarding the availability of notified Zest Resort for holidaying and other details can be obtained from MHRIL. The ZM is not entitled to holiday in any of the other resorts / hotels promoted by MHRIL wherein different product / membership is being / has been sold by MHRIL.

11.4 MHRIL reserves the right to modify / amend / alter the terms and conditions contained herein and / or impose additional conditions at its sole discretion including but not limited to in respect of reservation procedure, Privileges (Advancing), appropriation towards AF & ASF, transfer of Zest Membership, Gifting / Renting, etc.

11.5 The ZM shall enjoy holidays without causing any inconvenience or disturbance to other Members / guests at notified Zest Resort. MHRIL is not liable for any compensation to ZM in case of any damages resulting on account his / her negligence during the holidays in notified Zest Resort.

11.6 The ZM / shall be liable for all the loss, damage, etc., incurred / sustained by MHRIL due to any act of commission / omission on their part or their guests and authorized person/s. The ZM shall make good the loss, damage, etc., immediately on demand from MHRIL. Valuation of loss by MHRIL shall be final and binding. Until the loss / damage is made good to MHRIL, the ZM shall not be entitled to enjoy the Zest Membership. The ZM shall comply and shall ensure compliance by their guests and authorized persons with all the House Rules of the notified Zest Resort.

11.7 ZM agrees that in case of part payment made towards any outstanding, such payment shall first be appropriated towards the earliest dues outstanding due to MHRIL.

11.8 All correspondence to the ZM shall be sent to the address mentioned in the Zest Application Form. Change of address, if any shall promptly be informed to MHRIL in writing. In case, the ZM shifts out of India then he / she / it shall pay such amount as may be fixed by MHRIL from time to time towards increased administrative expenses. All correspondence to MHRIL shall be marked to Zest Member Service Delivery, Mahindra Holidays & Resorts India Ltd, Mahindra Towers, 2nd Floor, 17/18, Pattullos Road, Chennai – 600002.

11.9 MHRIL reserves its right as and when it deems proper to convert the Holiday / holidays into points or any other system without affecting any of the benefits / rights of its ZMs and customers in order to provide flexibility to the ZM in enjoying the holiday across the locations, in different seasons and apartments.

11.10 MHRIL may, at its discretion, permit upgradation of Zest Membership into a higher season subject to availability and payment of additional costs and on such other terms and conditions prescribed by MHRIL from time to time.

11.11 All requests for holidays and cancellations shall ordinarily be in writing and signed by the ZM.

11.12 It is expressly understood by the ZM that MHRIL shall not buy back the Zest Membership or undertake to facilitate ZM to sell the Zest Membership.

11.13 In the event of Membership card being misplaced or lost by the Member, the Member shall inform MHRIL immediately. MHRIL shall issue a duplicate card in favour of Member within 7 days from the date of intimation on such changes as may be fixed by MHRIL from time to time.

11.14 The Membership Card issued / to be issued, renewal thereof or any other benefit/s is subject to such terms and conditions as may be prescribed by MHRIL from time to time.

12 ARBITRATION AND JURISDICTION

12.1 All or any disputes, differences or questions arising out of these Rules, Zest Membership or interpretation thereof shall be settled by Arbitration by a sole arbitrator to be appointed by MHRIL. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The venue of such arbitration shall be Chennai. The language used in the arbitration proceedings shall be English only. The award shall be final and binding on the Applicants and MHRIL.

12.2 In respect of all matters, only the Civil Courts in Chennai City shall have jurisdiction to the exclusion of all other Courts.

This Privacy Policy applies to the activities of Mahindra Holidays and Resorts India Ltd. and its affiliates (referred to as "MHRIL" in this policy).

It explains how MHRIL handles personal information and complies with the requirements of the Privacy Act. If you have further questions relating to this policy please contact our Privacy Officer by mail at Mahindra Towers, 2nd Floor, 17/18 Patullos Road, Anna Salai, Chennai - 600002, India or e-mail : feedback@zestbreaks.com

1. Collecting information about you

In accordance with the Privacy Act, MHRIL only collects personal information that is necessary for business purposes. We endeavour at all times to collect personal information in a fair and lawful manner, and to meet our members' expectations that we will respect their right to control how their personal information is collected and used.

MHRIL collects personal information in many parts of its business. These include:

MHRIL Exchange and MHRIL Points: MHRIL collects information about members at the time when a person first joins a program and while a person is a member. The main categories of information we collect relate to a person's general contact information, personal details such as age range and gender, use of the program, payment details, responses to surveys and other details, which are usually collected directly from the member.
MHRIL Resort Management: In its role of managing some resorts, MHRIL collects personal information related to bookings and as necessary for other purposes related to the management of the resort facility. Further personal information may be collected in specific instances such as in the event of an incident occurring on site for legal and insurance reasons.
MHRIL collects information on individuals when they book their travel arrangements, in order to process the transaction and to fulfil booking requests with travel and tourism operators.
MHRIL also collects general business information relating to employees, contractors, shareholders, resort managers and other individuals.

This policy explains the main features of MHRILs use of member and customer information and does not outline in detail the use of contractor and employee information. Under the Privacy Act, there is a general exemption from the coverage of employee records.

2. Using and disclosing your personal information

Our purpose in collecting information about you is to provide you with membership services, such as exchanging your holiday accommodation entitlements. MHRIL uses personal information in several different ways in operating our membership programs and operating our business, and most of these uses are clear from the circumstances. We also use your personal information for internal quality assurance purposes.

MHRIL provides personal information to resort operators in order to facilitate a booking that you have requested. Otherwise MHRIL does not routinely disclose personal information, except where it is necessary to provide you with a service that you have requested such as to make bookings for your travel with airlines.

MHRIL will not normally otherwise use or disclose any information about you without your consent, unless:

required by law
to protect the rights, property or personal safety of another MHRIL member, any member of the public.
the assets and operations of the business are transferred to another party as a going concern.
When you provide your personal information to us, MHRIL will give you the choice as to whether or not you wish to receive further information about special offers, promotions, and changes to our products and services. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.

3. Service providers

Like many businesses, MHRIL uses a range of service providers to help us maximise the quality and efficiency of our services and our business operations. This means that individuals and organisations outside of MHRIL, such as mail houses, will sometimes have access to personal information held by MHRIL and may use it on behalf of MHRIL. We require our service providers to adhere to strict privacy guidelines and not to keep this information or use it for any unauthorised purposes.

4. MHRIL and marketing activities

MHRIL manages communications with members, prospective members and customers according to its privacy policy. We respect individuals choices about being contacted for marketing purposes. We may occasionally contact you at the e-mail or other address that you provide to us in order to:

Remind you of your membership renewal or warn you of the upcoming expiry of membership benefits
Provide you with updated information about our services or special promotions
Provide you with other information about other products and services which you may have an interest in

Some of this information is necessary as part of our communication about the MHRIL program and is sent to all members. However, if you are receiving promotional information from MHRIL and do not wish to receive this information any longer, you may remove your name from our list either by calling us on (91) 044-30280000, by mail at Mahindra Towers, 2nd Floor, 17/18 Patullos Road, Anna Salai, Chennai - 600 002, India or e-mail : feedback@zestbreaks.com and asking to be removed from our mailing list. Please allow 28 days for this request to be processed.

5. For our web site users

MHRIL is committed to high standards of data security with respect to information collected on our site. We offer SSL encryption, the industry standard security measures for transactions made over the Internet.

New technologies are emerging on the Internet that help us deliver customized visitor experiences. At MHRIL, we primarily use "cookies" to help us determine which service and support information is appropriate to your computer and to facilitate your use of our instant transactions area. Our use of this technology does not mean that we automatically collect additional information about you. We might be able to ascertain what type of computer you are using, but beyond that, our use of cookies is designed only to provide you with a better experience when using our websites.

We want to be sure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you. We know that a lot of people have concerns about cookies, but in talking with many of our users, we feel that the benefit we both gain from their proper use is worthwhile. We value the relationships we have with our members and future members, so we respect these concerns.

For more information about these new technologies on our websites please contact our Privacy Officer by calling on (91) 044-30280000, by mail at Mahindra Towers, 2nd Floor, 17/18 Patullos Road, Anna Salai, Chennai - 600002, India or e-mail : feedback@zestbreaks.com

6. You can access the information we keep about you

If at any time you want to know exactly what personal information we hold about you, you are welcome to access your record by calling us on (91) 044-30280000, by mail at Mahindra Towers, 2nd Floor, 17/18 Patullos Road, Anna Salai, Chennai-600002, India or e-mail : feedback@zestbreaks.com. Our file of your information will usually be made available to you within 14 days. For security purposes confirmation of your identity will be required prior to supply of this information.

7. Changing and deleting the information we have about you

If at any time you wish to change personal information that is inaccurate or out of date, please contact us and we will amend this record. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.

8. Storage and security of your personal information

MHRIL endeavours to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. MHRIL uses a sophisticated computer data network, and all access to the computers and system devices are password controlled. Employees can only gain access to data if they are authorized, and we maintain an audit log which records each time a file is accessed. We also require our employees and data processors to respect the confidentiality of any personal information held by MHRIL. employees and data processors to respect the confidentiality of any personal information held by MHRIL. Data is secured in a secure data centre environment, with daily backups of all data taken and a copy of all data kept offsite. Our data network is totally private and not accessible over the Internet. We use sophisticated detection and intrusion technologies to ensure that there are no network security breaches.

9. Transfer of personal information overseas

Please note also that as a global business, MHRIL may use overseas facilities to process or back up the information that it holds. As a result, we may transfer your personal information to our overseas facilities for storage. However, we will only transfer information overseas as authorized by the Privacy Act and in keeping with our other commitments to safeguard your privacy.

10. What to do if you have a problem or question

If MHRIL becomes aware of any ongoing concerns or problems concerning our privacy practices, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us on (91) 044-30280000, by mail at Mahindra Towers, 2nd Floor, 17/18 Patullos Road, Anna Salai, Chennai - 600 002, India or e-mail : feedback@zestbreaks.com

11. Future changes

Our commitment to being the world's leading holiday exchange business and to continually improve our services means that our business will continue to evolve as we respond to customer needs. Because of this, from time to time, our policies will be reviewed and may be revised. Changes to MHRIL's Privacy Policy will be made by posting an updated version of the policy on our website and communicated subsequently in our publications for our members.