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Last Updated: January 2025
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 is Star Inn Suites And Retreat Ltd., who are the Developers of the Star Inn Suites situated at Star Inn Villa, Bisht Bhawan Compound, Mallital, Dist – Nainital, Uttarakhand.
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. It 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. This rate can be revised from time to time at the sole discretion of the Developer.
Important: In case Maintenance is not paid for 2 consecutive years, the Package stands canceled without any prior information to the Purchaser.
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 for the period stipulated therein.
Right of Transfer: Besides having the right to use their week(s), the Applicant(s) may also sell, gift, or bequeath the week(s) to a third party, with prior written intimation to 'The Company'. Neither the Developer nor the Marketer operates a guaranteed rental or resale service for Packages.
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. 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.
In the event of the Applicant(s) / Purchaser(s) failing to make any payment due pursuant to this Agreement, the provisions of the rules and regulations of the resort relating to terminating the Purchaser's right to use the resort shall apply.
Any present or future levy/tax/duty/charge/fee imposed by State/Union Government or Local/public body or authority (excluding any levy on Company turnover/income/assets) on the Purchaser's actual use or concomitant activities must be borne by the Purchaser or, if paid by the Company on their behalf, be reimbursed on demand.
Exit Option: This Agreement is cancelable at the option of either party within a period of 7 days from the date of the signed Agreement upon receipt of written notice (without requiring a personal reason). If no such notice is received within this 7-day period, both parties agree to be bound by the terms of the signed agreement thereafter, and the Developer shall not be entitled to refund any money held by it.
Refund Terms: If the Agreement is canceled as per the Exit Option clause above, the Company shall refund the payments held after deducting an administration fee of Rs. 25,000/- and the cost of any nights used by the purchaser. Refunds will be processed without interest within 90 days from the date of the cancellation request.
In the event of any dispute, claims, or differences, the second party shall first contact the central customer care team of Star Inn Suites And Retreat Limited at Delhi. If no resolution is reached, the issue shall be discussed with the resolution cell of the first party. Failing resolution, the second party may adjudicate the dispute by way of a sole arbitrator nominated by the first party alone. The place of arbitration and exclusive legal jurisdiction shall be NAINITAL only. This includes district/state consumer forums situated at Nainital.
The Second Party declares that all particulars provided are true and correct. SISRL is not responsible for delays or issues caused by incomplete or incorrect information. All bookings are subject to availability. Booking of more than one room simultaneously is purely based on availability. A minimum of one-month prior intimation is required for international holidays. Only one unit as per eligibility will be provided for international vacations.
The Purchaser confirms that the signed agreement is accepted without any force and does not create any undue financial burden on them or their family.
Interpretation: This Purchase Agreement, its terms and conditions, and the Purchaser's acknowledgment constitute the full agreement between the parties. No other document shall form part of this agreement for the purpose of enforcement and interpretation.
