- In this application and subsequent Agreement, the following words shall have the meaning given in the Rules of Occupation of the Resort (a copy of which has been made available to the Applicant) in respect thereof save where the context otherwise requires.
- The Applicant(s) acknowledge to have read and understood the rules of occupation of the resort, and hereby agrees to be bound by the rules and regulations contained therein. The Package shall continue until the termination date of the scheme or cancellation of Package in accordance with the relevant provisions of the rules of occupation.
- THE COMPANY: The Company is Star inn Suites And Retreat. Ltd. Who are Developers of the Star inn Suites situated at Star Inn Villa, Bisht Bhawan Compound, Mallital, Dist –Nainital, Uttarakhand.
- ANNUAL MAINTENANCE: The Maintenance payment stipulated in the signed agreement shall be payable, to the Company, by the Applicant(s) as the holder of the Package Certificate in advance on a yearly basis and is due on 7th January each year, for the following year in which the Applicant(s) shall be entitled to occupy the apartment as a Resort Purchaser. The Maintenance Payment shall be payable on demand and at such rate per annum as determined in accordance with the Rules of Occupation of the Resort. It can be revised from time to time at the sole discretion of the Developer.
- RIGHT OF OCCUPATION: The Applicant(s) is/are entitled to a right of occupation in the apartment as stipulated in the Particulars of Holiday Package Such right shall exist on a right to use basis and shall exist for the period as stipulated therein.
- RIGHT OF TRANSFER: The Applicant(s) besides having the right to use his/her/their week(s), he/she/they may also sell, gift, or bequeath the week(s) to a third party, with a prior written intimation to “The Company”. Neither the Developer nor the Marketer operates a guaranteed rental or resale service or Packages.
- OBLIGATION OF COMPANY: Subject to the prompt payment by the Applicant of the maintenance payments, the Company hereby undertakes with the Applicant to observe and perform the obligations imposed upon it. In case Maintenance is not paid for 2 years then this Package stands canceled without any prior information to Purchaser.
- OBLIGATION OF COMPANY TOWARDS PURCHASER: The Obligations of the Company shall arise/take place in respect of the signed agreement between Marketer and Purchaser only on receipt of the full amount of consideration and not otherwise.
- TERMINATION OF PURCHASER’S RIGHT: In the event of the Application(s) / Purchaser (s) failing to make any payment, due pursuant to this Agreement, the provisions of the rules and regulations of resort relating to terminating the Purchasers right to use the resort shall apply.
- INTERPRETATION: This Purchase Agreement, its terms, and conditions, Purchaser(s) acknowledgment, shall constitute the full agreement between the parties herein and the Purchaser(s) acknowledges that no other document shall form a constituted part of this agreement for the purpose of enforcement and interpretation of this agreement.
- TAXES & LEVIES: Any present or future levy/tax/duty/charge/fee imposed by State/ Union Government or Local/ public body or authority, (expect any levy on its turnover/income/assets payable by Company), on the Purchasers actual use of deemed/concomitant activities thereto, must be borne by the Purchaser or if paid by the company on his behalf, be reimbursed on demand.
- EXIT OPTION: It is understood that this Agreement upon receipt of written notice (without any personal reason) is cancelable at the option of either of the parties to this agreement within a period of 7 days from the date of the signed Agreement. Upon the non-receipt of any such notice within the stipulated period, the parties agree to be bound by the terms and conditions of the signed agreement thereafter and the Developer shall not be entitled to refund any money held by it.
- REFUND: It is understood that if the Agreement is canceled as per clause 12 above by the Applicant (s) the Company shall refund to the Applicant(s), the payments then held by the Company after deducting the administration fee of Rs. 25000/- paid by the purchaser and cost of any night if used by the purchaser. But without any interest within 90 days from the date of cancellation request.
- MODIFICATION: No modification of the signed Agreement shall be valid unless made in writing and signed by the Applicant/Purchaser and the Director of STARINN SUITES AND RETREAT LIMITED. Ltd. No over-writing is allowed on the signed Agreement paper and it is not valid.
- ARBITRATION AND JURISDICTION: It is agreed between the parties herein that in the event of any dispute, claims, or differences arising under this agreement, the second party shall contact the central customer care team of Star inn Suites And Retreat Limited at Delhi. In the event the second party reaches no resolution then the second party shall discuss the issue with the resolution cell of the first party. Thereafter if the parties fail to reach any resolution even after discussion with the officers from the resolution cell, the second party may adjudicate the dispute by way of the sole arbitrator as per the provisions contained under law. The sole arbitrator shall be nominated by the first party and/or the authorized person of the first party alone. The place of arbitration shall be NAINITAL only. All disputes arising out of the relation to the present signed agreement including for arbitration proceedings shall be subject to the exclusive and sole jurisdiction of the court. The definition of the courts includes districts/state consumer forums also situated at Nainital alone and now where else since the agreement is entered between the parties at Nainital for all material purpose and by the virtue of present agreement the jurisdiction of the courts is excluded by the parties except for court situated in Nainital alone. The second party is hereby unconditionally and irrevocably agreed the place of jurisdiction for adopting any kind of legal recourse will be at Nainital.
- SECOND PARTY hereby declares that particulars given above are true, correct, and completely in order. If any transaction is delayed or not affected at all for the reason of incomplete or incorrect information, SECOND PARTY shall not hold Star inn Suites And Retreat Limited responsible for any loss/damages/ inconvenience caused due to the same.
- SECOND PARTY confirms the understanding that all bookings are subject to availability and booking of more than one room simultaneously is pure as per the availability.
- SECOND PARTY confirms the understanding that a minimum of one-month prior intimation has to be provided for international holidays and only one unit as per eligibility will be provided for international vacations.
- Purchaser confirms that the signed agreement is accepted without any force and confirms that the signed agreement does not create any undue financial burden on him or on his family.
