1.1.RCI India Private Limited (“RCI”, “We”, “Our”, and “Us”) provides booking services, on behalf of Mahindra Holidays & Resorts India Limited (“Mahindra”), for complimentary weeklong accommodation stays (“Welcome Week”) through this website (“RCI Complimentary Weeks”).
1.2.These RCI Complimentary Weeks Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between RCI, Mahindra, and each RCI Complimentary Weeks user registered by Mahindra (“User”, “You”, and “Your”) who books Welcome Week through RCI Complimentary Weeks.
1.3.Your Welcome Weeks accommodations will be provided by Mahindra or a third party provider (“Provider”), under contract with RCI or its affiliates. The terms and conditions of such third party provider (collectively, “Provider Terms”) shall apply to You.
1.4.By booking through RCI Complimentary Weeks platform, User acknowledges and agrees to be bound by its Terms and Conditions and Provider Terms, which are incorporated herein, and User accepts these Terms and Conditions and Provider Terms on the behalf of any traveling companion(s), and guests (including minors and those under any disability) (collectively, “Guests”).
1.5.Additionally, User agrees that it is solely User’s responsibility to inform any Guests of the contents of these Terms and Conditions and all applicable Provider Terms.
1.6.YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
2. ENROLMENT AND WELCOME WEEKS CREDITS
2.1.At the point of enrolment to RCI Complimentary Weeks platform, the Welcome Weeks entitlement of User (“Welcome Weeks Credits”) is designated by Mahindra, whereby your Welcome Weeks Credits will appear as a credit on your RCI Complimentary Weeks account. Each Welcome Weeks Credit will allow you to redeem an available accommodation (“Accommodation”).
2.2.No Cash Value and Non-Transferable. Welcome Weeks Credits have no cash value, and are not transferable. Welcome Weeks Credits may not be redeemed for money or money’s worth.
2.3.Cancellations. If You cancel any Welcome Weeks booking, You shall not be entitled to any refund or credit in connection with such cancellation. The Welcome Weeks Credits used for such cancelled booking shall be forfeited in their entirety, and RCI shall owe no further duty, obligation, or liability to You.
2.4.Expiration and Termination. Welcome Weeks Credits are only valid for twelve (12) months from the date of issuance to You. Unredeemed Welcome Weeks Credits expire upon the end of such twelve (12) months period, and RCI owes no further duty, obligation, or liability to You upon such expiration.
2.5.Customer Service. Please contact Mahindra if User believes there are Welcome Weeks Credits that have not been credited to User’s account or for any questions related to the available Welcome Weeks Credits balance.
3. PROVISION OF INFORMATION
3.1.Information about Accommodation provided to Users by RCI, including but not limited to, facilities, amenities and services, is solely derived from information produced and provided by the relevant Provider. You should be aware that facilities, amenities and services provided at the Accommodation may be withdrawn without notice at the discretion of the Provider or may be restricted at certain times of the year.
3.2.Users must make their own enquiries about Accommodation description and satisfy themselves that an Accommodation will meet all their needs, particularly if travelling out of season. Although RCI makes reasonable efforts to ensure that resort information published on behalf of Provider by RCI is accurate and up to date, RCI expressly disclaims liability for publishing and repeating any inaccurate, incomplete or misleading information provided by any Provider.
3.3.RCI does not have the ability to control the operations of Accommodations or Providers, including the form of access provided to their facilities (including access for individuals with disabilities), and is not responsible for the actions or omissions of Accommodation or Providers. Accommodations or Providers are solely responsible for such Accommodation’s financial viability, conditions, quality of accommodations, facilities, amenities, service, operations, and compliance with all applicable laws, rules and regulations.
4. MODIFICATIONS OF THE TERMS AND CONDITIONS
4.1.These Terms and Conditions are subject to change at any time at the sole discretion of RCI Complimentary Weeks without prior notice to Users. By booking through RCI Complimentary Weeks, User acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions, which shall be deemed revised as updated to this RCI Complimentary Weeks website from time to time.
5. NO COMMERCIAL USE
5.1.Participation in RCI Complimentary Weeks is for personal and non-commercial purposes of Users only. User shall not use RCI Complimentary Weeks for any commercial purpose, or for monetary or other consideration, including without limitation auction, barter, rental, raffle or sale of Welcome Weeks, all of which are strictly prohibited.
5.2.Any commercial use of RCI Complimentary Weeks shall be grounds for immediate termination of User’s membership to RCI Complimentary Weeks and cancellation of any existing RCI Complimentary Weeks bookings, transactions and all other benefits of RCI Complimentary Weeks without prior suspension of or notice to User and any other rights or remedies RCI may have at law or in equity. Such termination of User’s membership to RCI Complimentary Weeks shall be without (a) refund or credit and (b) any further duty, obligation or liability to You.
5.3.The only person who may make a Welcome Week booking and enjoy the Accommodation stay shall be the User and their Guest(s).
6. RCI’s ROLE
6.1.User and RCI are dealing at arms’ length, creating a commercial relationship. RCI is not User’s agent or User’s fiduciary. By booking through RCI Complimentary Weeks, User acknowledges and agrees that no such agent or fiduciary relationship exists between User and RCI.
6.2.In connection with products or services not directly supplied and fulfilled by RCI, RCI is acting as an intermediary for Provider.
7. BOOKING CONFIRMATION
7.1.Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by RCI or its assignee (“Booking Confirmation/Travel Receipt”). This document will be sent to User within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Users' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the User’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify RCI concierge immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
7.2.Maximum Occupancy. In no event may the total number of persons booked exceed the maximum occupancy set forth by the Provider.
7.3.Identification Documentation. Providers may require that travelers have in their possession proper documentation required by the governmental authorities. The names on the Booking Confirmation Receipt must match such documentation exactly. Users are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. RCI assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if User or any Guest fails to bring proper documentation and are refused services by Provider.
7.4.Travel Documents. Booking Confirmations will be sent to User electronically. Booking Confirmations are valid only for the person(s) named thereon and cannot be transferred or modified.
7.5.Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. RCI urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Government where User resides prior to booking travel to international destinations.
7.7.BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, RCI DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
7.8.Confidential Information. Users are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.
8. UNAVAILABILITY OR PROBLEMS WITH ACCOMMODATION
8.1.After a Booking Confirmation is issued and before Your arrival date, if the Accommodation becomes unavailable due to continued or unauthorized use by an occupant or overbooking at the Accommodation, or for any reason including an Event of Force Majeure, the Booking Confirmation may be cancelled by RCI. In the event of such cancellation by RCI, Welcome Weeks Credit shall be returned to User’s account, with its original validity.
8.2.The term “Event of Force Majeure” shall mean:
8.2.1. an act of God or of a public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic or quarantine;
8.2.2. action by a governmental authority, a court, appointment of a receiver or mortgagee in possession, or an assignment for the benefit of creditors;
8.2.3. action by a governmental authority, a court, appointment of a receiver or mortgagee in possession, or an assignment for the benefit of creditors; or
8.2.4. any other cause or circumstance beyond RCI’s reasonable control.
8.3.RCI does not own or operate Accommodations and is not liable for their description, services or presentation. Complaints about Accommodations or services provided at an Accommodation or by a Provider should be made at the earliest opportunity to a person of authority at the Accommodation. If this does not produce a satisfactory result, User should contact as soon as possible the RCI help desk by calling the RCI call centre. Please provide full details of the complaint within thirty (30) days of your return from the Accommodation. RCI reserves the right to refuse to consider any complaints made where this procedure has not been followed.
9. ACCOMMODATION TAXES AND FEES
9.1.You may be charged additional fees by Providers, including, but not limited to:
9.1.1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;
9.1.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and
9.1.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.
9.2.Providers may require You to put a payment method on file upon check-in to pay these or other charges directly to Provider upon check-out. Contact Provider directly to determine what charges apply to Your reservation.
9.3.Additionally, Providers may charge destination-marketing fees that are collected by the Accommodation for payment to a local tourist bureau. If You are a citizen of a country You travel to, You may owe additional taxes to the Accommodation at check-out.
9.4.Contact Provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to Your booking.
10. CANCELLATION OF MEMBERSHIP TO RCI COMPLIMENTARY WEEKS
10.1.RCI, at its sole discretion, may suspend or terminate a User’s membership and rights to participate in RCI Complimentary Weeks:
10.1.1. upon the termination or expiration of the User’s membership with Mahindra;
10.1.2. for any breach of the terms and conditions as agreed between User and Mahindra, including terms requiring User to make timely payments for any sums payable including but not limited to timeshare purchases or maintenance fees payable by User to Mahindra;
10.1.3. in the event that User has requested for a cancellation of its membership or ownership with Mahindra;
10.1.4. for any breach of these Terms and Conditions or Provider Terms;
10.1.5. upon termination of RCI Complimentary Weeks for any reason whatsoever;
10.1.6. upon any requirement to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) or by any laws, rules or regulations Court of competent jurisdiction that may apply;
10.1.7. You, or a Guest, are a vexatious or serial complainant;
10.1.8. You threaten or use physical violence or harass, abuse or are verbally aggressive to RCI, Accommodation or Provider employees; or
10.1.9. for any other reason in the sole discretion of RCI.
10.2.In the event that Your membership to RCI Complimentary Weeks is terminated, You may not utilise any benefits of RCI Complimentary Weeks including any pending or upcoming Welcome Weeks booking(s), all without any refund or credit.
11.REPRESENTATIONS AND ACKNOWLEDGEMENTS BY USER
11.1. By enrolling in or utilising RCI Complimentary Weeks, User acknowledges, represents and warrants to RCI as follows:
11.1.1. To the best of the User’s knowledge, none of the following has been designated as, or is, a terrorist, a “Specially Designated National” or a “Blocked Person” as defined by U.S. Executive Order 13224, and enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or otherwise: the User; the User’s Guests; and
11.1.2. User acknowledges that RCI’s privacy policy is available at www.rci.com and can be obtained in printed from RCI upon request.
12. LIMITATION OF LIABILITY
12.1.RCI SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF THE PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. RCI’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF RCI, WILL BE LIMITED TO INR 10,000, FOR THE WELCOME WEEK CREDITS HELD BY SUCH USER. IN NO EVENT WILL RCI BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO RCI, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF RCI.
12.2.User agrees that Accommodation that RCI obtains may change periodically, at RCI’s sole discretion. RCI does not guarantee that any Accommodation will be available to User and, if made available, will remain available for any specified period of time.
13. DISCLAIMER OF WARRANTIES
13.1. All of Our content, products, and services provided to You are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of RCI Complimentary Weeks, or the accuracy of any of the information, content or materials We provide You. To the fullest extent permitted by law, We disclaim all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not warrant or make any representations that RCI Complimentary Weeks will operate error-free or uninterrupted, that defects will be corrected, or that RCI Complimentary Weeks will be free from viruses or other harmful components. In addition, We expressly reserve the right to correct (a) any errors on the RCI Complimentary Weeks website, and (b) any bookings or reservations made under such errors. In such event, if available, We will cancel Your reservation without penalty, and return the applicable Welcome Weeks Credit(s) to Your account with its original validity.
13.2. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by RCI to You, including but not limited to information, content, products, services, text, and graphic or video content.
13.3. Without limiting the foregoing, no representation, warranty, or guarantee is made:
13.3.1. Regarding the acceptance of any request;
13.3.2. Regarding the availability of products, services, and goods advertised by RCI; and
13.3.3. Regarding the results that may be obtained from using Our products or services.
14. CLASS ACTION WAIVER
14.1.USER AND RCI AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER USER NOR RCI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH USER OR RCI ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. USER AND RCI FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF USER, RCI, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
14.2.IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
15. DISPUTE RESOLUTION POLICY
15.1. Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, in connection with Your use of RCI Complimentary Weeks, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by the Courts of India located in Bangalore, to the exclusion of any other forum. You hereby consent to jurisdiction and waive any venue or other objection to the Court proceeding taking place in Bangalore, India.
15.2. RCI may as necessary apply to a Court of competent jurisdiction in Bangalore, India to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the “Marks”), or to otherwise protect its goodwill and reputation associated with the Marks.
16. GOVERNING LAW
16.1.These Terms and Conditions shall be governed exclusively by the laws of India. Any action at law or in equity by a User or Guest, in connection with RCI Complimentary Weeks, to seek any remedy against RCI, or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the Courts of Bangalore, India. In the event a User or Guest initiates an action at law or in equity and RCI prevails, that User or Guest shall pay all costs incurred by RCI, on a full indemnity basis, defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
17. AGE RESTRICTIONS
17.1.Unless otherwise allowed by Accommodation Providers, Users are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some providers may have additional age-related or physical restrictions. Please review the Provider Terms for more details.
18. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
18.1.User acknowledges that RCI or RCI associated companies, or third parties with the permission of RCI or RCI associated companies, may offer products and services through solicitations and advertisements made by mail, email, telephone (including automated dialing equipment and prerecorded messages), facsimile machine or other means. User hereby expressly consents to receive such solicitations and advertisements from RCI, its affiliates and third parties at the telephone and facsimile number(s), and mailing and email address(es) provided by User to RCI. User acknowledges that such consent and request to receive solicitations continues, whether or not the User’s membership is terminated or expires, for the maximum period of time permitted by law or until User expressly withdraws such consent. If You do not wish to be contacted for promotional or marketing offers please call, email or write to Us.
18.2.You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.
18.3.You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.
18.4.You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.
18.5.Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
