FARSTAY is a business entity which is engaged into the activity of being a Time share Service Provider, which offers opportunities for enjoying Holiday programmes to the members enrolled for the holiday programmes organised by Farstay.
FARSTAY is registered and incorporated as an LLP (Limited Liability Partnership) under the Limited Liability Partnership Act, 2008 and the rules made there under.
TERMS AND CONDITIONS OF THE FARSTAY HOLIDAY MEMBERSHIP PROGRAMME OWNED AND OPERATED BY FARSTAY LLP
1. DEFINITIONS:
FAR MILES – Far Miles is the loyalty program run by Farstay LLP which is available for different customer segments and can be redeemed on case-to-case basis for utilising different amenities.
FAR MILES Value- One FARMILE is worth Rs – 1/-
FARMILES Redemption – Members can Redeem maximum of 5 Units of FARMILES for single Booking. (1 Unit of FARMILES consist of 500 FARMILES) for Stay/Flights/Activities.
FARSTAY Holiday Membership Programme Fee – Membership fee is the fee to be remitted by customers to enrol themselves for becoming a member in the HOLIDAY MEMBERSHIP PROGRAMME owned and operated by Farstay LLP. This is the total cost of membership fee collected from customers either as a one-time payment or in instalments (according to customer preference).
FARSTAY CLUB MEMBER- Members enrolled to Farstay Holiday Membership Programme.
Rooms / Nights – Refers to the 1 unit of stay benefit offered to the enrolled Farstay Club members.
Activities- Activities include all the entertainment programs designed/organised for the Farstay Club members for their fun and entertainment other than staycations. The planned activities are subject to changes based on the availability, changes in Climate, Natural calamity, Govt. rules and other things beyond human control.
Other Benefits- It refers to the benefits provided to Farstay Club members other than stays.
Farstay Holiday Membership Certificate – A certificate issued by Farstay as a proof of enrolment of membership in the applicant’s name after the receipt of 25% of the membership fee as admission fee.
Welcome Gift- Welcome gift is a special tour package offered including staycation and activities designed by FARSTAY for each category of Farstay Club members
Farstay affiliated properties – Properties (resorts/hotels/houseboats) that are associated with FARSTAY and available for Farstay Club members for enjoying staycations.
Farstay website / app – The website / app owned by Farstay through which Farstay Club members can do all the bookings and cancellations of Holidays to utilise the Stays and FAR MILES. FARSTAY will provide all Farstay Club members with customised login ID to access the rooms / nights and other benefits which could be requested for / booked through the website / app.
Far-Care: Far-care is the division of Farstay which is assigned with the exclusive responsibility of taking care of the services rendered to FARSTAY Club Members.
Special Day Staycation – It is an additional Staycation provided by FARSTAY on the occasion of the birthday or wedding anniversary of FARSTAY Member or Spouse. The Member should utilise the Special staycation within 15 days prior to or post the special day. Only one Special stay could be permitted in a year and the same cannot be carried forwarded or clubbed together with any other occasion.
Special Day Staycation – It is an additional Staycation provided by FARSTAY on the occasion of the birthday or wedding anniversary of FARSTAY Member or Spouse. The Member should utilise the Special staycation within 15 days prior to or post the special day. Only one Special stay could be permitted in a year and the same cannot be carried forwarded or clubbed together with any other occasion.
Gifting- It is the eligibility of the Farstay Club Member to permit their family members/friends/relatives, to use the Member’s staycations, depending upon the Membership Packages opted by Members, and the rules governing gifting of staycations.
Credited to member’s account – Added to account of Farstay Club Member (related to rooms / nights and other benefits)
Debited to member’s account – Removed from the account of Farstay Club Member (related to rooms / nights and other benefits)
Transferor Member- Farstay Club Member who transfers his Membership in FARSTAY Holiday Membership Programme, to another person.
Transferee Member- A person to whom the Membership of FARSTAY Holiday Membership Programme, is transferred by an existing FARSTAY Club Member.
2. FARSTAY TIMESHARE\HOLIDAY PROGRAMME
Admission to Farstay Holiday Membership
Admission Fee: An applicant is admitted to Farstay Holiday Membership Programme when he/she pays 25% of the membership fee as admission fee.
Mode of payment of Membership Fee: The applicant can opt for either a One-time payment or instalment payments for payment of membership fee. In case of instalment payments, the applicant shall deliver post-dated cheques / ECS / credit card authorization. The applicants shall be bound to pay the instalments thereafter. The Member shall comply with the obligations to pay the balance Membership Fee as per the agreed membership fee structure, and the failure of which shall entitle to breach of Terms and Conditions by the Member.
Certificate of Membership Admission: A certification of admission to the membership will be sent within 30 days after payment of 25% of the membership fee as admission fee by the applicant.
Entitlement of Rooms: A Member is entitled to the category of rooms / nights specified in the certificate of membership, in any of the Farstay associated properties, depending upon the Type of Membership Package opted by him, during the Membership Usage Period, without season restrictions, provided the Member has not committed the breach of any of his / her obligations set out in this FARSTAY HOLIDAY MEMBERSHIP PROGRAMME DOCUMENT as well as the rules governing Farstay associated properties, in which the Member may choose to avail the holiday. Member agrees to comply with the Terms and Conditions of the FARSTAY HOLIDAY MEMBERSHIP PROGRAMME as well as the Rules governing Farstay associated properties, which the Member may choose to avail holiday.
Payment of Membership Fee:
The applicants can opt for payment of Membership fee as One time payment or in Instalments.
The Admission Fee which shall be 25% of Membership fee shall be paid as onetime payment and no instalment option shall be provided in respect of the same. The members can opt for payment of balance membership fee in instalments.
The Schedule for Instalments shall be given to applicants at the time of enrolment as members to Farstay Holiday Membership Programme by Farstay.
In case of instalment payments, the Applicant shall deliver post-dated cheques / ECS / Credit card authorization cards. The Applicants further bind themselves irrevocably to pay the instalment amounts and undertake to ensure due and prompt payment under the instalment scheme.
The Membership Usage Period:
The membership usage period shall commence as under:
Payment mode
Commencement of usage
Upfront payment
1 month after the end of the month after admission as a member
3 months instalment
1 month after the end of the month after admission as a member
6 months instalment
1 month after the end of the month after admission as a member
1-year instalment
3 months after the end of the month after admission as a member
2-year instalment
3 months after the end of the month after admission as a member
3-year instalment
3 months after the end of the month after admission as a member
Availing Holiday:
A FARSTAY Club Member can avail of a holiday by applying through the members online dashboard.
All holiday reservations shall be done on a first come-first-served basis and are consequently subject to eligibility and availability. Request for reservation can be done between 6 months to 7 Days prior to the commencement of the holiday
Confirmation of Holiday – The Holiday requested for by a member consequent to the above must be confirmed by issue of confirmation voucher by Farstay. All requests for holidays are subject to eligibility and availability
Occupancy per room: The maximum number of people allowed in a room shall be 2 adults and 2 children (The Charges for children below 6 years shall be free and Charges for Children from 6 years up to 12 years shall be extra). Children of 12 years and above shall be considered as one adult and will be charged extra as per the property norms.
Circumstances of Alternate Accommodation:
If for some reason, Farstay is unable to provide holiday after issuance of confirmation voucher in the allotted property to Farstay Club Members, Farstay shall provide alternate accommodation of the Category of accommodation eligible to Farstay Club Members as per their opted Package. In no circumstances, any portion of Membership Fee shall be refunded to Farstay Club Members in the said circumstances.
In all cases where Farstay provides alternative accommodation the same shall be in lieu of the number of days confirmed in the confirmation voucher by Farstay.
Notwithstanding anything stated herein above, Farstay shall not incur any liability if it is not able to fulfil its obligations by reason of any war, civil commotion, force majeure, act of God, Nature Calamities, other notification from any Court of Law or Government or any other reason beyond the reasonable control of Farstay.
Cancellation of confirmed Holidays: The following norms shall apply in the event of cancellation of confirmed holidays by Farstay Club Members.
The request for cancellation of confirmed holidays by the Farstay Club Member is subject to such terms and conditions as specified by Farstay from time to time.
The request for cancellation of confirmed holidays shall be made from registered Mobile Number/mail to the Far-care or through the Farstay website / app.
The date of receipt of the request for cancellation by Farstay shall be reckoned as the date for the purpose of determining the applicability of cancellation norms.
The norms pertaining to credit or debit of the rooms of holidays on cancellation of confirmed holidays is as follows:
15 days before the start date of holiday – re-credit of entire number of rooms of holiday. (The date of receipt of request by Farstay and date of commencement of confirmed holiday shall be inclusive in counting 15 days)
Less than 15 days from the start date of holiday – the entire number of rooms shall be debited. (The date of receipt of request by Farstay and date of commencement of confirmed holiday shall be inclusive in counting 15 days)
ROOM CATEGORIES: The details of eligible room categories are mentioned below
PRIME Farstay club member shall be eligible to use Rooms/Cottages or Villa in Hotels/Resorts or Houseboats associated with FARSTAY for stay and enjoy the amenities in a Resort/Hotel or Houseboats where the budget will be up to Rs.6,000 per Night
PERFECT Farstay club member shall be eligible to use Rooms/Cottages or Villa in Hotels/Resorts or Houseboats associated with FARSTAY for stay and enjoy the amenities in a Resort/Hotel or Houseboats where the budget will be up to Rs.9,000 per Night, with 3 to 4 Star Category.
PRESTIGE Farstay club member shall be eligible to use Rooms/Cottages or Villa in Hotels/Resorts or Houseboats associated with FARSTAY for stay and enjoy the amenities in a Resort/Hotel or Houseboats where the budget will be up to Rs.12,000 per Night with 3,4 or S Star Category.
PRIVILEGE Farstay club member shall be eligible to use Rooms/Cottages or Villa in Hotels/Resorts or Houseboats associated with FARSTAY for stay and enjoy the amenities in a Resort/Hotel or Houseboats where the budget will be up to Rs.17,000 per Night with 3,4 or S Star Category.
PRIDE Farstay club member shall be eligible to use Rooms/Cottages or Villa in Hotels/Resorts or Houseboats associated with FARSTAY for stay and enjoy the amenities in a Resort/Hotel or Houseboats where the budget will be up to Rs.35,000 per Night with 3,4 or S Star Category.
Types of Membership Packages:
FAR LOVE
FAR LIFE
FAR LEISURE
FAR LAVISH
FAR LEGACY
FAR LUXOR
Privileges – Farstay Club Members shall be eligible to enjoy the following privileges.Carrying forward: The following maximum number of rooms/nights could be carried forward.
Type of Package
Carried Forward Criteria
FAR LOVE
UPTO 2 Rooms /year from Unused Category
FAR LIFE
UPTO 3 Rooms/year from Unused Category
FAR LEISURE
UPTO 4 Rooms/year from Unused Category
FAR LAVISH
UPTO 5 Rooms/year from Unused Category
FAR LEGACY
UPTO 6 Rooms/year from Unused Category
FAR LUXOR
UPTO 8 Rooms/year from Unused Category
Carry forwarded rooms should be utilised by the member in the next year itself and carrying forward thereafter for further years is not permissible.
The Members can gift their rooms/nights subject to such terms and conditions as set out in Point 7
Other benefits: – Farstay Club member shall be eligible to enjoy the following other benefits
Redeemable Events/Activities / Vouchers: Will be credited to members account /physically send to their registered address/ emailed to their registered mail from time to time. The vouchers are usable only once and contain expiry date after which these vouchers become invalid.
FAR-MILES: FAR-MILES are credited to members account each year depending on the Farstay holiday membership Package they have opted for.
Holiday vouchers: Other than Stays and welcome gifts all Holiday vouchers can only be redeemed after 6 months after the end of the month in which member completes full instalments of admission fee.
Spa and wellness package benefits: Spa and wellness package benefits are only available at selected Farstay affiliated properties / Hospitals. These properties are shown in the Farstay website / app for members and booking has to be requested through app/far care.
Health insurance: It is a benefit offered only to Farstay Club Members who have opted for FAR LUXOR Package. It is issued to them at the end of the month in which admission fee is completely paid off. Health insurance benefit is applicable for them only during their membership period and can be extended for such members who would avail carry forward for extra one year and which will be charged extra.
All insurance are provided by Third party and Farstay doesn’t have any commitment/responsibilities on the same.
Events / Activities / Vouchers pass: Are credited to member’s account. The entry pass shall display the number of persons eligible for the same and the expiry date.
Referral incentives: They are credited to member’s account as FAR-MILES at the time of a new applicant becomes a Farstay Club Member upon his/her reference. The Number of FAR-MILES to be credited shall be at the sole discretion of Farstay.
All other benefits also become unusable by Farstay Club Member when they are not eligible for nights / rooms due to reasons quoted in Point 3 and Point 4 in this document.
4. CANCELLATION FROM FARSTAY TIMESHARE \ HOLIDAY PROGRAMME
The rules governing the cancelation from Farstay Holiday Membership Programme by the FARSTAY Club Member is briefed below:
Rescission Period- It means 14 days from the date of realization of Admission Fee, which shall be 25% of Membership Fee. (14 days shall be inclusive of date of realization of Admission Fee and date of receipt of Application by Farstay)
Cancellation during Rescission Period:
Submission of Application for Cancellation from Farstay Holiday Membership Programme: The Application for Cancellation from Farstay Holiday Membership Programme, by the FARSTAY Club Members, has to be submitted within the Rescission Period, which is 14 days from the date of realization of Admission Fee, which shall be 25% of Membership Fee.
The Application for Cancellation from Farstay Holiday Membership Programme shall be made in writing and has to be signed and should reach Farstay within the Recession Period.
The Application for Cancellation from Farstay Holiday Membership Programme shall be made by the Member in any of the following manner:
By way of email from their registered email id with the application duly signed either by the Member himself (signature should match with the signature provided during admission as member) or the Nominee of the Member (signature should match with signature of the Nominee, provided in the Nomination form submitted during admission as member), scanned and attached to the Email to the Farstay email
By way of registered/speed post or courier, or in person, the application duly signed either by the Member himself (signature should match with the signature provided during admission as member) or the Nominee of the Member (signature should match with signature of the Nominee, provided in the Nomination form submitted during admission as member) to the Registered Address of Farstay LLP.
Refund of Membership Fee- On the receipt of the said application , and on verification of the necessary records and documents and subject to the satisfaction of Farstay , Farstay shall refund (after deducting the charges spend for any expenses utilised for any stay or activity during that period — if any) the amount received from the Member towards Farstay Holiday Membership Programme Fee within 30 days from the date of receipt of request for cancellation of Farstay Holiday Membership Programme from the Member.
The Member shall return to Farstay, the Farstay Holiday Membership Certificate and other documents if any issued by Farstay to Member.
Cancellation beyond Rescission Period: In the event of submission of application for cancellation from Farstay Holiday Membership Programme by the member, beyond the Rescission Period, or in the event of receipt of application from the Member, for cancellation from Farstay Holiday Membership Programme, by Farstay is beyond the Rescission Period, then the Member shall not be eligible for any refund of the amount of the admission fee paid by him. The Member shall return to Farstay, the Farstay Holiday Membership Certificate and other documents if any issued by Farstay to Member.
4.TERMINATION FROM FARSTAY TIMESHARE\HOLIDAY PROGRAMME
The rules governing the termination of the Membership of any member, from Farstay Holiday Membership Programme, by the Farstay, is briefed below:
FARSTAY reserves the right to terminate the Farstay holiday membership of any Farstay Club Member, on occurrence of any of the following events: –
Default in payment of admission fee/Instalment payments by the Member.
Breach of House Rules of Farstay affiliate properties by the Member
Breach of Terms and Conditions of Farstay Holiday Membership Programme by the Member
Any other action by the Member or occurrence of any event or situation giving Farstay a right to terminate the Membership.
FARSTAY shall intimate the member about the Termination of Membership initiated by it, by way of email to the Registered Email id of the Member.
In the event of termination of any Member’s, Membership of the Farstay Holiday Membership Programme, by Farstay , the Member shall not be entitled to any refund of the Membership fee paid by him.
In the event of termination aforesaid, the Member shall return to Farstay the Farstay Holiday Membership Certificate and other documents issued by Farstay within 14 days of receipt of intimation of Termination by the Members from FARSTAY (day of receipt of intimation from Farstay and date of submission of documents by Member is inclusive in 14 days)
5.DEFAULT IN PAYMENT OF INSTALMENTS
In cases of default in payment of any instalments by the FARSTAY Club Member, Farstay shall have the right to terminate the Farstay membership of the Member, in accordance with the Rules of Termination as stated in point 4 of this Document. In the event of such Termination, the cancellation charges / rules mentioned in Point 4, above, shall apply accordingly.
In the event of occurrence of Termination or Cancellation, after starting of payment of instalments of Membership Fee, the member can utilise staycation as per the allocation slab.
6.TRANSFER OF MEMBERSHIP
The rules governing transfer of membership of FARSTAY Holiday Membership Programme, by a FARSTAY Club Member is briefed below:
During the existence of the Member: The rules governing transfer of membership of FARSTAY Holiday Membership Programme, by a Member, during his existence is briefed below
A Member who has paid the full Membership Fee, is entitled to transfer his / her Membership, in whole, (without splitting or bifurcating the Membership) to any person provided there are no dues payable by the Member to Farstay.
Any such transferee shall be registered as Member only when the Original Farstay Holiday Membership Certificate along with a duly signed Authorization Letter for the Transfer by the Transferor Member, is submitted to FARSTAY, either by the Transferor Member or the Transferee Member. In addition to the above, the transferee Member or the Transferor Member, shall also produce all the documents of transfer as prescribed by Farstay duly executed by the existing Transferor Member and such other documents prescribed by Farstay and to the satisfaction of Farstay, and pays such fees as prescribed by Farstay from time to time towards transfer charges for effecting Transfer of Membership.
Any such Transferee Member shall be entitled to avail the Farstay affiliated properties only for the unexpired portion of the Membership Usage Period subject to the terms and conditions contained herein.
Re-issuance of the Farstay Holiday Membership Certificate to the Transferee Member shall be made within 30 days from the date of approval of transfer by FARSTAY.
During the demise of the Member: The rules governing transfer of membership of FARSTAY Holiday Membership Programme, of a FARSTAY Club Member after his demise is briefed below:
The nominee of demised Member shall be registered as Member only when the Original Farstay Holiday Membership Certificate along with the copy of duly executed Nomination form submitted to FARSTAY, at the time of enrolment as member by the demised member, is submitted to FARSTAY by the Nominee. In addition to the above, the Nominee of the demised Member, shall also produce all the documents as prescribed by Farstay to their satisfaction, and pays such fees as prescribed by Farstay from time to time towards transfer charges for effecting Transfer of Membership.
Any such Transferee Member shall be entitled to avail the Farstay affiliated properties only for the unexpired portion of the Membership Usage Period subject to the terms and conditions contained herein.
The Nominee of the demised Member, on being enrolled as a new Member, shall take over all the liabilities and obligations of the deceased member.
Re-issuance of the Farstay Holiday Membership Certificate to the Transferee Member shall be made within 30 days from the date of approval of transfer by FARSTAY.
Grounds for refusal of transfer of Membership: Notwithstanding anything contained in this Point 6 (a) and 6(b), Farstay shall have the sole right to refuse the transfer of Membership to any person:
who has been refused Farstay holidays membership by Farstay; or
having been admitted to Farstay holidays membership and the Membership was terminated or any reason; or
in the opinion of Farstay is financially insecure or otherwise commercially undesirable to the interests of Farstay.
Farstay’s decision in this respect shall be final and binding.
7.GIFTING
The rules with respect to gifting of staycations by Farstay Club Members are as follows:
Which members can Gift their staycations
Members opted for FAR LOVE AND FAR LIFE Package are not eligible to gift their staycation facilities.
Members opted for FAR LEISURE and FAR LAVISH Package can gift their staycations to immediate family members ie., spouse, parents and children without any extra cost.
Members opted for FAR LEGACY AND FAR LUXOR Package can gift their staycations to immediate family members ie, spouse , parents, children , friends or relatives without any extra cost.
Grounds for refusal of Gifting of Staycation Notwithstanding anything contained in point 7 (a) above, Farstay shall have the sole right to refuse the gifting of staycations by Farstay Members, to any person:
who has been refused by Farstay or
having been admitted to Farstay holiday Membership and was terminated for any reason; or
in the opinion of Farstay is financially insecure or otherwise commercially undesirable to the interests of Farstay.
Farstay’s decision in this respect shall be final and binding.
8.GENERAL GUIDELINES
All requests by FARSTAY Club Members for holidays shall be subject to eligibility and availability of Rooms/Nights.
Farstay reserves the right to enter into any arrangements with any company/person/firm /AOP / any Bodies Corporate, for providing any additional services to the Farstay Club Members. The members are entitled to utilize such additional services on payment of such charges/fees as may be applicable/prescribed by Farstay from time to time.
A Farstay Club Member shall not be entitled to avail holidays or any benefits in case of any dues or outstanding payable to Farstay as on the date of request for holidays.
The number of Farstay associated properties that are available for holidays may vary from time to time. Farstay reserves right to add/withdraw any Farstay associated properties from the list of notified Resorts/Hotels without notice. Further, the specifications and facilities of Farstay associated properties such as kitchenette, sofa cum bed, size of room, etc may differ depending upon the Resorts /Hotels/ Houseboats. Information regarding the availability of Farstay associated properties for holidaying and other details can be obtained from Farstay website / app.
Farstay reserves the right to modify / amend / alter, the terms and conditions contained herein and / or impose additional conditions at its sole discretion including but not limited to reservation procedure, Privileges (Exchange, Accumulation and Advancing), appropriation towards Admission Fee, transfer of Membership, Gifting etc.
Any request (not pursuant to Transfer of Membership etc., mentioned in point 6) by the Farstay Club Members, which results in the issuance of fresh Farstay Holiday Membership Certificate shall be done by Farstay upon payment of such charges towards administrative expenses as may be fixed by Farstay from time to time.
The Farstay Holiday Membership Certificate issued / to be issued, renewal thereof or any other benefit/s is subject to such terms and conditions as may be prescribed by Farstay from time to time.
Being a Timeshare service provider FARSTAY will not be liable to any damage or accident or Death caused during any of the staycations or at any occasion or activity during availing the membership package by the FARSTAY Club Members, or their Guest or Authorised Persons availing facilities of staycations and associated facilities by virtue of Gifting norms specified under Point 7.
At the time of expiry of Farstay Holiday Membership, FARSTAY shall contact the Farstay Club Members to enquire on further renewal of Farstay Holiday Membership. On renewal of Farstay Holiday Membership, subject to the consent of Farstay Club Members, all the terms and conditions of Farstay Holiday Membership Programme shall continue to be applicable to Farstay Club Members.
9.EXECUTION OF DOCUMENT -FARSTAY HOLIDAY MEMBERSHIP PROGRAMME
This document of FARSTAY HOLIDAY MEMBERSHIP PROGRAMME constituting the terms and conditions of FARSTAY HOLIDAY MEMBERSHIP PROGRAMME shall be executed by the FARSTAY Club Members at the time of enrolment as Farstay Club Members while making the payment of Admission Fee.
The Type of Package of FARSTAY HOLIDAY MEMBERSHIP opted by Farstay Club Member at the time of enrolment, shall be attached as Annexure 1 to this Document -FARSTAY HOLIDAY MEMBERSHIP PROGRAMME.
All other documents and papers (including Nomination forms duly filled and signed by both Farstay Club Member and Nominee), ID proofs, Address Proof, Registered Email id, etc shall be submitted by Farstay Club Members to the satisfaction of FARSTAY at the time of enrolment.
10.INTERPRETATION OF TERMS AND CONDITIONS OF THE FARSTAY HOLIDAY MEMBERSHIP PROGRAMME
Where appropriate in this document, words used in the singular shall include the plural, and words used in the masculine shall include the feminine. All headings that are used in this document are for the convenience of the reader only and shall not be used to limit or construe any of its provisions.
11.DISPUTE
In the event of any dispute or difference arising between Farstay and FARSTAY Club Members, as to the rights and obligations under this Document or as to any of their claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this Document, such dispute or difference shall be referred to arbitration of a common arbitrator if agreed upon or otherwise to two Arbitrators, one to be appointed by each of Farstay and Farstay Club Members and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act,1996 for the time being in force. The venue for such Arbitration shall be Calicut, Kerala, India.
The courts in Calicut – Kerala, alone shall have jurisdiction to entertain any application or other proceedings in respect of anything that may arise under this Document.
Both Farstay and Farstay Club Members, hereto shall be deemed to include its/their successors or permitted assigns.
