The Promoter, the developer White Dolphin Holidays, having its office at HD-682, Cyber city forum, Cyber City, Dlf phase – iii , Gurgaon HR – 122002, guarantees to provide accommodation rights equivalent to the holiday credit/weeks owned by the purchaser.
The Second Party understands that THE VACATION CHARGES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE VACATION FEE IS NOT A REFUNDABLE DEPOSIT.
In the event that studio rooms are unavailable, we will make superior rooms available; however, as they are of a higher category on the MAP plan (which also includes breakfast and lunch or dinner), the Second Party will be notified of any additional charges.
The application for this vacation needs to be submitted along with a copy of acceptable proof of identity and proof of address. The vacation charges mentioned should be paid via Cheque/DD/PO/Credit Card/Debit Card favoring White Dolphin Holidays, payable locally and should be submitted along with this Agreement. CASH REMITTANCE, if any, should be made ONLY TO White Dolphin Holidays ACCOUNTS DEPARTMENT at White Dolphin Holidays office, and a receipt should be obtained along with a mail-generated email sent to the registered email address of the Second Party. The company will not be held responsible for cash payments made or alleged to be made to the company’s sales personnel or any employees or Marketing Associates against receipts on letterhead, stamp paper, etc., only.
All holidays are subject to availability as we follow a floating week. Every effort is made to ensure our booking system is transparent, and other White Dolphin Holidays vacationers of higher season/points get an opportunity to book first. Week – 24th December to 3rd January are blocked out dates; hence booking on these dates will only be given to RED members. RED week – Booking can be done between 90 days to 2 days before the desired holiday dates. WHITE week – Booking can be done between 75 days to 30 days before the desired holiday dates. BLUE week – Booking can be done between 60 days to 45 days before the date of the desired holiday dates. After the stipulated dates mentioned as per the season/points, all White Dolphin Holidays vacationers have an equal opportunity to book their holidays. Only after those White Dolphin Holidays vacationers of a higher category book their holiday, can a White Dolphin Holidays vacationer of middle or lower category book their holiday.
Renting of vacations can be done only during off-peak season through your personal contacts and cannot be advertised. White Dolphin Holidays does not engage in renting vacations. White Dolphin Holidays has the right to reject any booking.
The Second Party understands that the holidays are to be utilized under the agreement and that once the holiday lapses for 3 years, the same cannot be renewed under any circumstances.
Sightseeing may be arranged on request ONLY at an additional charge.
It is understood by the Second Party hereto that only after submission of all the necessary documents and satisfactory verification of the same thereafter by White Dolphin Holidays, vacation vouchers will be issued to the Primary applicant to the address provided in this Agreement. The Second Party understands that there are no separate holiday vouchers for sale, and the Second Party is entitled to benefits that are only set out under this agreement.
The Second Party understands that he/she will not have to pay Taxes and other levies as levied by the government, i.e., Luxury tax/Service tax.
The Second Party can be denied the use of their vacations under this agreement if there is any other outstanding amount due from any other agreements payable to the First Party.
COVENANTS OF PURCHASER
The Second Party hereby agrees to purchase vacations of White Dolphin Holidays vacations, and White Dolphin Holidays accepts the same, subject to the terms and conditions of this Agreement.
The Second Party has understood the benefits available under the vacations scheme, which are more particularly listed out in this Agreement. The Second Party further understands that no benefits other than those listed in this Agreement will be available to the Second Party.
The Second Party understands that he/she should furnish their change of address, telephone numbers, etc., if any, to the Customer Care Dept., to keep the Second Party’s record up to date. The Second Party permits White Dolphin Holidays to contact the Second Party via Phone/SMS or E-mail, even if the party is in the TRAI regulated DND for any services and schemes/offers in the future.
The Second Party understands that he/she is bound by the Rules & Regulations of White Dolphin Holidays and as duly amended from time to time. The decision of the management of White Dolphin Holidays would be final in all matters.
Apart from these Terms & Conditions as mentioned above, all other statutes as applicable shall be binding on the Second Party. Any amendment or enactment of legislation resulting in additional obligations on the First Party or changing the nature of any activity undertaken by the First Party to the detriment of the First Party would render the provisions in this agreement, to the extent that additional obligations are imposed on the First Party and the provisions in this agreement to the extent the law applicable is changing the nature of the activity undertaken by the First Party, extinguished before the amendment or enactment of the legislation coming into force. The Company would not be held responsible for consequences of such changes.
The Second Party understands that this Agreement (in the printed form ONLY) SUPERCEDES any communication, whether written or oral, or any variation or handwritten remarks rewriting the printed Agreement made by the Agents and/or representatives of White Dolphin Holidays or the Second Party to this Agreement and/or any other written communication issued by White Dolphin Holidays representatives (including on Company Letterhead or STAMP PAPER). Further, the Second Party understands that the benefits and terms of the vacations as set out in this Agreement are final and binding on White Dolphin Holidays and the Second Party.
The Second Party confirms that no other verbal/written promises or any other assurances in deviation from this agreement have been made by White Dolphin Holidays personnel.
The Second Party hereby declares that the 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, the Second Party shall not hold White Dolphin Holidays responsible for any loss/damage/inconvenience caused due to the same. The Second Party shall, within 30 days from shifting to any other residence apart from the address mentioned in this agreement, intimate the same to White Dolphin Holidays at the address mentioned in this agreement regarding the new address along with address proof. In the event the intimation of change of address is not given to White Dolphin Holidays, any communication either by White Dolphin Holidays or through their lawyers is deemed to be served on the address mentioned in this agreement.
The Second Party acknowledges and confirms that all the Terms and Conditions of White Dolphin Holidays shall be fully and completely binding on the Second Party upon signing this Agreement by the Second Party and that any further amendments to the same shall also be binding on the Second Party.
The Second Party confirms that the Second Party shall not use the vouchers and/or offers, if any, or the facilities offered pursuant to the offer, if any, for any improper, illegal, or unlawful purposes/activities, nor adopt or alter the same for any improper, illegal, or unlawful gain.
The Second Party acknowledges that the Second Party has been treated pleasantly and courteously and that the Second Party entered into this Agreement of their own free will and accord, and there is no compulsion, coercion, or undue influence exercised by White Dolphin Holidays and/or its agents/representatives.
The Second Party hereby confirms that the Second Party has gone through the aforesaid Terms & Conditions and Benefits/Obligations and has understood and accepted the same.
ARBITRATION AND JURISDICTION
It is agreed between the parties herein that in the event of any dispute, claim, or differences arising under this Agreement, the Second Party shall contact the Central Customer care team of White Dolphin Holidays. 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 discussions with the officers from the resolution cell, the Second Party may then adjudicate the dispute by way of sole arbitration alone as per the provision contained under The Arbitration and Conciliation Act 1996 and amendment thereto. The sole arbitrator shall be nominated by the First Party and/or the authorized person of the First Party alone. The seat of arbitration shall be at Gurugram alone. The Second Party shall have no objection to the appointment of the arbitrator by the First Party and/or the authorized person of the First Party.
“All disputes arising out of or in relation to the present agreement, including for arbitration proceedings, shall be subject to the exclusive and sole jurisdiction of the court (The Definition of the Courts includes the District/State/National Consumer forums also) situated at Gurugram alone and nowhere else, since the agreement is entered into between the parties at Gurugram for all material purposes. By virtue of this agreement, the jurisdiction of all courts is excluded by the parties except for the court situated at Gurugram alone. The Second Party hereby unconditionally and irrevocably agrees that the place of jurisdiction for adopting any kind of legal recourse will be at Gurugram.”