Terms and Conditions

1.1 These General Terms and Conditions ("Terms") govern your access to and use of the website orchidvacation.com, together with all sub-domains, pages, content, forms and online facilities made available through it (collectively, the "Website"), and any enquiry, communication or request you make through the Website.

1.2 The Website is owned and operated by Orchid Vacation ("Orchid Vacation", "OV", "we", "us" or "our"), an initiative of SST, having its office at Office No. 325, 4th Floor, B-Wing Chintamani Plaza, Andheri-Kurla Rd, Mota Nagar, Andheri E, Mumbai, MH 400053.

1.3 By accessing, browsing or otherwise using the Website, you confirm that you have read, understood and agreed to be bound by these Terms and by our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

1.4 These Terms are published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder, and do not require any physical or digital signature to be binding.

2.1 "Website" means orchidvacation.com and all associated web pages, portals and online interfaces operated by Orchid Vacation.

2.2 "User", "you" or "your" means any person who accesses, browses or uses the Website, whether or not such person is a Member.

2.3 "Member" means a person, firm or company in whose name an Orchid Vacation Membership Certificate has been issued and which subsists in good standing.

2.4 "Membership Agreement" means, collectively, the Membership Application Form (MAF), the Membership Terms and Conditions, the Membership Rules and the Procedural and Reservation Rules applicable to Orchid Vacation Membership, as amended from time to time.

2.5 "Partner Resort" means any resort, hotel, apartment or other accommodation provider with whom Orchid Vacation has a tie-up, affiliation or room arrangement, whether in India or abroad.

2.6 "Services" means the information, membership offerings, holiday and accommodation arrangements, enquiry facilities and any other services made available by Orchid Vacation through the Website or otherwise.

2.7 "Content" means all text, graphics, logos, images, photographs, videos, audio, software, layout, design and other material available on the Website.

3.1 You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872 in order to transact with Orchid Vacation or to submit an enquiry through the Website.

3.2 You agree to provide information that is true, accurate, current and complete, and to keep such information updated. Orchid Vacation shall not be responsible for any consequence arising from incorrect, incomplete or outdated information supplied by you.

3.3 Where you register an account or hold a Member login, you are solely responsible for maintaining the confidentiality of your login credentials and for all activity carried out under them. You must notify us promptly of any unauthorized use.

3.4 Where required under applicable law or by our internal policy, you agree to furnish valid Know Your Customer (KYC) documents and to update the same as and when your details change.

4.1 Orchid Vacation offers vacation membership plans under which Members become entitled to avail accommodation on a room-night basis, on the terms set out in the Membership Agreement.

4.2 Accommodation and related hospitality services are provided at resorts, hotels and properties made available through arrangements with Partner Resorts and partner brands. Orchid Vacation acts as the facilitator of such arrangements.

4.3 Stay, check-in and check-out timings, house rules, amenities, activity rules and on-site charges are set by the Partner Resort concerned and may change from time to time. You agree to observe the house rules of every property at which you stay.

4.4 Descriptions, photographs, tariffs, inclusions and availability displayed on the Website are indicative, are based on information available to us at the time of publication, and are subject to change without notice.

5.1 Information on the Website, including membership plans, offers and destinations, constitutes an invitation to offer and not a binding offer by Orchid Vacation.

5.2 No booking, reservation or membership is confirmed unless and until Orchid Vacation issues a written confirmation or confirmation voucher by email to your registered email address, and all applicable amounts have been realized.

5.3 All bookings are subject to availability at the relevant Partner Resort and to the reservation windows, notice periods, seasonality rules and eligibility conditions set out in the Membership Agreement.

5.4 You must check every detail on your confirmation carefully upon receipt and inform us at the earliest of any error. Subsequent changes requested by you to any material aspect of a confirmation may be treated as a cancellation and rebooking.

5.5 Where confirmed accommodation becomes unavailable for reasons beyond our reasonable control, Orchid Vacation may offer alternative accommodation of a broadly comparable standard in lieu of the nights confirmed, and you agree to accept the same.

6.1 Membership of Orchid Vacation is governed exclusively by the Membership Agreement. In the event of any inconsistency between these Terms and the Membership Agreement in relation to membership matters, the Membership Agreement shall prevail.

6.2 All matters relating to the Membership Price, down payment, instalment plans, payment instruments, due dates, default, delayed payment interest, annual subscription fees, access fees, guest fees, bonus fees and any other charges are governed solely by the Membership Agreement and the Membership Rules. Please refer to the Membership Agreement for the payment terms applicable to you.

6.3 Prices, fees and offers displayed on the Website are subject to change at the sole discretion of Orchid Vacation without prior notice, save in respect of a confirmed transaction already accepted by us.

6.4 All applicable Goods and Services Tax (GST), levies, cesses and statutory charges are payable by you in addition to the quoted amounts, at the rates in force on the date of the transaction. Any change in rates, or the introduction of any new levy, whether prospective or retrospective, shall be to your account.

6.5 Personal expenses, food and beverage, utility charges, security deposits, resort-levied fees and any other charge raised directly by a Partner Resort are payable by you at the property.

6.6 Online payments are processed by third-party payment gateways. Orchid Vacation does not store your card or banking credentials. Bank and gateway charges, where levied, are to your account. You confirm that any payment instrument used by you belongs to you and is used with lawful authority.

6.7 Payments made towards membership are made solely for the purchase of a vacation membership. They do not constitute any deposit, scheme of investment or investment plan, and no return, profit, income or assured benefit is promised or implied.

7.1 All cancellations and refunds are governed by the Orchid Vacation Refund and Cancellation Policy read together with the Membership Agreement. Please refer to the Refund and Cancellation Policy for the eligibility, deductions, process and timelines that apply.

7.2 In summary, and without limiting that policy: refunds are available only where a refund option is expressly provided in the applicable plan; plans and promotional offers designated as non-refundable are not eligible; and approved refunds are computed after deduction of applicable administrative charges, admission charges, subscription or maintenance fees, statutory taxes, bank and gateway charges, the value of any holiday, booking, benefit, voucher or service already availed, and any other dues payable by you.

7.3 Cancellation requests must be submitted in writing from your registered email address to info@orchidvacation.com within the timelines prescribed under the Refund and Cancellation Policy and the Membership Agreement.

7.4 Approved refunds are made through the original mode of payment or such other banking channel as we may approve, within the timeline prescribed under the applicable policy.

7.5 If you initiate a chargeback with your bank or card issuer, Orchid Vacation shall not be liable to provide any service or refund until the matter is finally resolved by the bank, and we reserve the right to recover the value of services already availed and to terminate the membership.

8.1 All Content on the Website, including the name and marks "Orchid Vacation", the OV logo, brand elements, text, design, graphics, images and software, is owned by or licensed to Orchid Vacation and is protected under applicable intellectual property laws.

8.2 You are granted a limited, personal, non-exclusive, non-transferable and revocable license to access and view the Content for your own lawful and non-commercial use.

8.3 You may not copy, reproduce, republish, distribute, transmit, modify, sell, license, frame, scrape, data-mine or create derivative works from any part of the Content without our prior written consent.

8.4 Trademarks, logos and property images belonging to Partner Resorts and third parties remain the property of their respective owners and are displayed for identification purposes only.

9.1 You agree not to use the Website or the Services for any unlawful purpose, or in any manner that infringes the rights of, or restricts or inhibits the use of the Website by, any other person.

9.2 Without limiting the above, you must not:

1. Post, transmit or host any material that is defamatory, obscene, invasive of privacy, hateful, or otherwise unlawful under applicable law;

2. Impersonate any person, or misrepresent your affiliation with any person or entity;

3. Introduce any virus, malware, trojan, worm or other harmful code, or attempt to gain unauthorized access to the Website, its servers or any connected system;

4. Use any robot, spider, crawler, scraper or automated means to access, extract or index the Website except with our prior written permission;

5. Interfere with or disrupt the operation, integrity or security of the Website;

6. Sell, rent, sublicense, advertise, transfer or otherwise commercially exploit any membership, entitlement, booking, voucher or benefit through online portals, web advertisements, agents or by any other means;

7. Make speculative, false or fraudulent enquiries or bookings, or bookings in the name of another person without authority.

9.3 Orchid Vacation reserves the right, without prejudice to its other remedies, to suspend or withdraw access to the Website, cancel bookings and, where applicable, terminate a membership in accordance with the Membership Agreement, in the event of any breach of this clause.

9.4 Abusive, threatening or violent conduct towards our employees, representatives or the staff of any Partner Resort will not be tolerated and may result in immediate suspension of services and such further action as we deem fit.

10.1 The Website may contain links to third-party websites, applications, advertisements or content. Such links are provided for convenience only and do not constitute an endorsement by Orchid Vacation.

10.2 We do not control and are not responsible for the availability, accuracy, content, products, services or privacy practices of any third-party site. Your dealings with any third party are solely between you and that third party.

10.3 Flights, coach or train travel, car hire, insurance, ferries, cruises, tours and similar services are not provided by Orchid Vacation. Where such services are arranged, they are supplied by independent third parties and are subject to the terms and conditions of the supplier concerned.

11.1 Personal data collected through the Website is processed in accordance with our Privacy Policy, which forms an integral part of these Terms.

11.2 By using the Website, you consent to the collection, storage, processing, use and, where necessary for the provision of Services, the sharing of your personal data with Partner Resorts, payment processors and service providers, in accordance with applicable law.

11.3 We adopt reasonable security practices and procedures to protect the information in our possession. However, no method of transmission or storage over the internet is entirely secure and we cannot guarantee absolute security.

12.1 By submitting your contact details on the Website or in any application form, you authorize Orchid Vacation and its authorized call centers and representatives to contact you by telephone, SMS, WhatsApp, email or other electronic means in connection with your enquiry, your membership, and related promotions, events and benefits.

12.2 This consent operates notwithstanding the registration of your telephone number on any Do Not Call (DNC) or National Customer Preference Register, and shall survive until withdrawn by you in writing.

12.3 You may withdraw consent to promotional communications at any time by writing to info@orchidvacation.com. Service and transactional communications relating to a subsisting membership or booking will continue to be sent.

12.4 No promise, representation or commitment made orally or in writing by any person representing Orchid Vacation, which is outside the scope of or contrary to these Terms and the Membership Agreement, shall be binding on Orchid Vacation.

13.1 The Website and its Content are provided on an "as is" and "as available" basis. Orchid Vacation does not warrant that the Website will be uninterrupted, timely, error-free or free of viruses or other harmful components.

13.2 While we take reasonable care to keep information current, Orchid Vacation makes no representation or warranty as to the accuracy, completeness or reliability of any Content, including tariffs, availability, property descriptions, images or maps, which may be supplied by third parties.

13.3 Orchid Vacation does not own or operate Partner Resorts and is not liable for their descriptions, standards, services or presentation. Any complaint concerning accommodation or services at a property should be raised at the earliest opportunity with a person in authority at that property; if the matter is not resolved to your satisfaction, you should contact our help desk by telephone or by email as soon as possible.

13.4 You are responsible for any damage caused by you or your guests at a Partner Resort, and for compliance with all identification requirements. Entry may be refused where identity cannot be verified by a valid passport, driving licence or other photo identification.

13.5 Orchid Vacation does not undertake responsibility or liability for any untoward incident or accident occurring on account of the negligence of a Member, co-applicant, dependant or guest.

14.1 To the maximum extent permitted by applicable law, Orchid Vacation, its directors, officers, employees and agents shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, or for any loss of profit, revenue, opportunity, data or goodwill, arising out of or in connection with the Website, the Services or these Terms.

14.2 Where liability cannot lawfully be excluded, the aggregate liability of Orchid Vacation in respect of any claim shall not exceed the amount actually received by Orchid Vacation from you in respect of the specific transaction giving rise to the claim.

14.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by proven negligence of Orchid Vacation, or for fraud, or for any other liability that cannot be excluded under applicable law.

15.1 You agree to indemnify, defend and hold harmless Orchid Vacation, its affiliates, directors, officers, employees, agents and Partner Resorts from and against all claims, demands, proceedings, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your violation of any applicable law or third-party right, or any act or omission by you or your guests at a Partner Resort.

16.1 Orchid Vacation shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any event beyond its reasonable control, including act of God, natural disaster, epidemic or pandemic, fire, flood, earthquake, war, civil unrest, terrorist activity, strike, denial of access by a Partner Resort, failure of utilities or telecommunications, cyber-attack, or any order, notification or restriction imposed by a court of law or any government or statutory authority.

17.1 Orchid Vacation reserves the right to modify, amend, add to or replace these Terms at its sole discretion at any time.

17.2 Amendments take effect upon publication on the Website or upon communication to your registered email address or by any other mode we consider appropriate. Your continued use of the Website after such publication constitutes acceptance of the amended Terms.

17.3 Orchid Vacation further reserves the right to vary, withdraw, suspend or add to the Website, the Content or any Service at any time, with or without notice.

18.1 We may, without notice and without liability, suspend or terminate your access to the Website or any part of it where we reasonably believe that you have breached these Terms, that your use poses a risk to the Website or to other users, or where required by law.

18.2 Suspension or termination of Website access does not by itself terminate a membership; termination of membership is governed by the Membership Agreement.

19.1 If any provision of these Terms is held to be invalid, unlawful or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

19.2 No failure or delay by Orchid Vacation in exercising any right or remedy shall operate as a waiver of that or any other right or remedy.

19.3 These Terms, together with the Privacy Policy, the Refund and Cancellation Policy and, where applicable, the Membership Agreement, constitute the entire understanding between you and Orchid Vacation in relation to the subject matter hereof.

20.1 These Terms shall be governed by and construed in accordance with the laws of India.

20.2 All disputes arising out of or in connection with these Terms, the Website or the Services shall be subject to the exclusive jurisdiction of the competent courts at Mumbai, Maharashtra.

21.1 Any complaint, grievance or query in relation to the Website, these Terms or the Services may be addressed to us at the details below. We endeavor to acknowledge every complaint promptly and to resolve it within the timelines prescribed under applicable law.

Orchid Vacation

Office No. 325, 4th Floor, B-Wing Chintamani Plaza, Andheri-Kurla Rd, Mota Nagar, Andheri E, Mumbai, MH 400053

Email: info@orchidvacation.com

Website: orchidvacation.com