Terms & Conditions
These Terms and Conditions govern your access to and use of our website, services, and timeshare offerings.
1. Introduction
Welcome to Club Embark Private Limited (“Company”, “we”, “our”, or “us”). These Terms and Conditions govern your access to and use of our website, services, and timeshare offerings. By accessing or using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms along with our Privacy Policy.
2. Definitions
For the purpose of this Agreement, “Member” or “User” refers to any individual or entity availing the services of the Company. “Services” include timeshare, vacation ownership, holiday bookings, and related offerings. “Website” refers to the official digital platform operated by the Company.
3. Eligibility and Acceptance
By using the services, you confirm that you are at least eighteen years of age and legally capable of entering into a binding agreement. Continued use of the website and services constitutes unconditional acceptance of these Terms.
4. Nature of Membership
Membership with Club Embark Private Limited grants the member a right to avail holiday accommodation and related services in accordance with the selected plan. Such membership does not constitute ownership of any immovable property unless expressly stated. All benefits are subject to the membership category, tenure, availability, and internal policies of the Company.
5. Membership Fees and Payment Terms
All membership fees must be paid in accordance with the agreed payment schedule. Failure to make payments on time may result in suspension of membership benefits or cancellation of bookings. All payments made towards membership, including enrolment fees, subscription charges, and upgrades, are strictly non-refundable and non-transferable under any circumstances. This condition remains binding irrespective of usage, dissatisfaction, personal reasons, or unforeseen events.
6. Booking and Reservation Policy
All bookings are subject to availability and are not guaranteed until confirmed by the Company. Availability may vary depending on season, resort occupancy, and third-party inventory. Members are advised to make reservations well in advance. The Company does not guarantee specific dates, resorts, or room categories. A booking is considered confirmed only upon issuance of an official confirmation from the Company after successful verification and availability check.
7. Cancellation, Refund, and Rescheduling Policy
While membership fees remain strictly non-refundable, booking amounts may be eligible for refund subject to applicable terms and timelines. If a booking is cancelled fifteen days or more prior to the scheduled check-in date, the member may be eligible for a refund after deduction of applicable administrative, processing, and third-party charges. Cancellations made between seven to fourteen days prior to check-in may be eligible for a partial refund at the discretion of the Company. No refunds shall be issued for cancellations made less than seven days before check-in. These cancellation policies are generic and for information only, actual cancellation of a confirmed booking will be communicated at the time of booking.
In the event of a no-show, the entire booking amount shall be forfeited without any refund. Bookings made during peak seasons, festivals, or special periods may be subject to stricter cancellation rules or may be entirely non-refundable, and such conditions shall be communicated at the time of booking.
Requests for rescheduling may be considered subject to availability and provided that such requests are made within the applicable timelines. Any rescheduling may attract additional charges based on seasonality, availability, or vendor policies. Approved refunds shall be processed within seven to fourteen working days through the original mode of payment wherever possible. The Company shall not be responsible for delays caused by financial institutions.
8. Usage and Conduct
Members agree to use the services in a lawful manner and in compliance with all applicable rules and regulations. Members shall adhere to the policies of the resorts and properties availed. Any damage caused to property, misconduct, or violation of rules may result in additional charges, suspension, or termination of membership without refund.
9. Working Hours and Communication
The Company operates from Monday to Friday between 10:00 AM and 6:00 PM, and on Saturdays between 10:00 AM and 1:00 PM. The Company remains closed on Sundays and all public holidays. Any requests or communications received outside working hours shall be addressed on the next working day. Response timelines may vary depending on workload and peak seasons.
10. Third-Party Services
The Company may engage third-party service providers, including resorts and vendors, to deliver services. While reasonable care is taken in selecting such providers, the Company shall not be held responsible for deficiencies, changes in amenities, or service failures on the part of third parties.
11. Force Majeure
The Company shall not be liable for any failure or delay in performance arising out of events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, strikes, or civil disturbances.
12. Suspension and Termination
The Company reserves the right to suspend or terminate membership without prior notice in case of breach of these Terms, misuse of services, or involvement in fraudulent activities. No refunds shall be issued upon such termination.
13. Intellectual Property
All content on the website, including text, graphics, logos, and images, is the property of the Company and is protected under applicable intellectual property laws. Unauthorized use or reproduction is strictly prohibited.
14. Limitation of Liability
The Company’s liability, if any, shall be limited to the amount paid by the member for the specific service. The Company shall not be liable for indirect, incidental, or consequential damages, including loss of enjoyment, missed vacations, or personal inconvenience.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising shall be subject to the exclusive jurisdiction of the courts located in the place of the Company’s registration.