Membership Terms and Conditions

1. General

• Eros Premium Club membership program is managed by TLC DigiTech Pvt. Ltd. (www.tlcgroup.com).
• The program offers dining, accommodation and other privileges at Eros Hotel New Delhi, Nehru Place.
• The membership term (validity period) shall be for a period of 12 calendar months from the date of the issuance of membership.
• The Membership Card and the Certificates have no cash value and cannot be traded.
• Membership is not transferable and the Member must be 18 years of age or above to join the program.
• The total amount of the membership fee will be refunded, provided the membership has not been used and the refund is requested by the Member within 15 days of acceptance of the membership. Refund will only be made after the receipt of the membership card, all the certificates and a written cancellation request.
• Member benefits cannot be used in conjunction with any other discounted offer.
• Eros Hotel New Delhi, Nehru Place reserves the right to add, modify, withdraw or delete any of the benefits, rules, terms and conditions or the duration of the program, with or without prior notice. All decisions in this regard will be final and binding on the member of the program.
• Fraud or abuse concerning the program membership is subject to appropriate administrative and / or legal action, including termination of the membership.
• Should for any reason, the Eros Premium Club membership is discontinued, the Hotel shall have no liability, financial or otherwise to the Member.
• All taxes shall be borne by the Members or the User of the benefits and all the bills must be settled at the time of departure.
• All disputes will be settled by arbitration.
• Discounts and certificates are not applicable during Christmas, New Year's Eve and special events as decided by the Hotel or any other public holiday as specified by the Hotel.
• Eros Premium Club shall not be liable for any amount greater than the membership fee to any member as a result of his or her membership.
• Without prejudice to any other mode of proof, through the payment for Eros Premium Club, the member accepts these terms and conditions, as amended from time to time and agrees to be bound by them.

2. Dining and Accommodation

• To avail the dining discounts other than the single diner discounts, the requirement is a minimum bill amount of Rs. 500. This discount can only be availed on the total food order and only one card can be presented per table / per visit. Two membership cards cannot be presented during ths same visit.
• Discounts cannot be given in conjunction with any other special promotion or offer.
• Children above 5 years of age are included in the total guest count for the purpose of calculating discounts.
• A valid Membership Card must be presented to avail of discounts and benefits.
• Room reservations are subject to advance bookings and allocation availability. Special rates will not apply on bookings made through Travel Agents or on other promotional or corporate rates. Blackout dates for room reservations apply.
• Amendments or cancellations of room reservations must be made with a 72 hour prior notice.
• The value of the specific discount does not include any applicable taxes.

3. Certificates

• All certificates enclosed are for one time use only, must be surrendered at the time of arrival, have to be utilized in full and cannot be used in conjunction or exchanged for cash or any other service.
• The benefits as given in the gift certificates are accompanied by the terms and conditions given on the face and on the reverse of the certificate. The certificates are valid strictly as indicated, and cannot be extended or re-validated.
• Certificates used for room reservations which are not amended or cancelled even if not used cannot be used again and will result in the cancellation of the certificate.
• Some certificates are for members use only and some can be gifted. This is mentioned in the terms of usage of the certificate.
• Complimentary cake and wine will only be available at the restaurants provided a reservation has been made 48 hours in advance.
• In the event that the certificate(s) is / are lost, it/ these cannot be replaced or the money refunded.

4. Referral Policy

• Members may refer the Eros Premium Club Program to a friend or any other person and upon successful enrollment in the Eros Premium Club Program by such person, the referring Member will be eligible for an extra benefit. Please connect with the Eros Premium Club Contact Center for details.
• These Terms and Conditions shall apply separately and independently to each Member enrolled in the Eros Premium Club Program, including each person enrolled by referral from a Member.

5. Termination of Membership

• Membership will end automatically upon the death of the Member.
• Eros Hotel New Delhi, Nehru Place and / or TLC may immediately, without notice or limitation, terminate any membership to the Eros Premium Club Program at its sole discretion without assigning any reason or if the Member: (i) violates these Terms and Conditions, the Privacy Policy, the Website Terms of Use or any other applicable additional terms, or appears to be utilizing the benefits under the Eros Premium Club Program in a manner inconsistent with these Terms and Conditions or the intent of the Eros Premium Club Program; (ii) fails to promptly pay any applicable dues; (iii) is suspected or found to be acting in an abusive or fraudulent manner or engaging in any conduct that artificially, improperly, or deceptively impacts the use of membership benefits (including, without limitation, use of any “bot,” macro, or other automated means of participating in the Eros Premium Club Program); (iv) attempts to transfer their account to another Member or a third party, except with the express written permission of Eros Hotel New Delhi, Nehru Place; (v) makes any misrepresentation in connection with the Eros Premium Club Program; (vi) impairs the normal functioning of the Eros Premium Club Program website or the Eros Premium Club App or the Eros Premium Club Program; (vii) disturbs other guests or otherwise disrupts or impairs the normal operation of Eros Hotel New Delhi, Nehru Place ; (viii) acts in a manner detrimental to us or any third party (including, without limitation, behaving towards any Eros Hotel New Delhi, Nehru Place, employees or other guests of Eros Hotel New Delhi, Nehru Place in any manner that is abusive, harassing, threatening, derogatory, disrespectful, lewd, obscene, offensive, or otherwise inappropriate, as determined by Eros Hotel New Delhi, Nehru Place in its sole discretion); or (ix) acts in any manner inconsistent with applicable law; or (x) allows their membership account to remain inactive for a period of two months or more; or (xi) files for insolvency or bankruptcy, or is otherwise subject to a bankruptcy proceeding.

6. Termination of Eros Premium Club Program

• If the Eros Premium Club Program is terminated, all unredeemed benefits will be forfeited without the imposition of any obligation, refund or liability on us, unless otherwise announced by us. Upon termination, there shall be no obligation on us to offer a replacement program. Eros Hotel New Delhi, Nehru Place and TLC reserve the right to determine in our sole discretion how to handle any benefits under the Eros Premium Club Program to activities occurring after the effective date of termination. Such discretion may include declining to provide such benefits after the effective date of the termination.

7. General Disclaimer

• If any Participating or Partner Hotel ceases to operate as a hotel owned, managed, operated, franchised, or licensed by Eros Hotel New Delhi, Nehru Place, or if such hotel ceases to be a Participating Hotel or a Partner Hotel (as applicable), Members will not be eligible to redeem any benefits under the Eros Premium Club Program, for an otherwise qualifying activity at that property, even if the stay was booked before the hotel ceased to be associated with Eros Hotel New Delhi, Nehru Place or ceased its participation in the Eros Premium Club Program.
• If a Program Partner ceases to be affiliated with Eros Hotel New Delhi, Nehru Place or ceases its participation in the Eros Premium Club Program, you will not be eligible to redeem any benefits provided by such Program Partner, even if the benefit was requested for before such Program Partner ceased its participation in the Eros Premium Club Program.
• The use of benefits under and participation in the Eros Premium Club Program, including, but not limited to, the collection of certificates or other benefits may be subject to fees and taxes in the relevant jurisdiction. As a result, members will be required to pay such fees and taxes as applicable. Any tax liability, including disclosure to third parties, connected with receipt or use of any of the benefits under the Eros Premium Club Program is the Member's responsibility. We are not liable for any such tax liability, duty or other charges.
• Any request for online payment for payment of membership fee or for the purchase of any benefit under the Eros Premium Club Program are transferred to and processed by a third-party payment gateway service provider. We do not store any debit/credit card information of any Member in our database or in any data backup system or retrieval system. For abundant caution, each transaction done through the Payment Gateway has a limit of INR 50,000 (Indian Rupees fifty thousand only). The Eros Premium Club Parties specifically disclaim all warranties and conditions of any kind, whether express or implied, in relation to the operation of the payment gateway, and shall not be liable for any monetary or other damage suffered by any person due to (i) any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the payment gateway or any services in such connection; and/or (ii) any interruption or errors in the operation of the payment gateway.

8. No Warranties Limitation of Liability

• The Eros Premium Club Program is made available to you on an as-is, as-available basis, without representations or warranties of any kind, whether express or implied. Eros Premium Club Parties make no representation about the suitability of the Eros Premium Club Program for you. The Eros Premium Club Parties specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
• Your participation in the Eros Premium Club Program is voluntary, by your own choice and at your own risk. The Eros Premium Club Parties do not warrant or represent that your access to the Eros Premium Club App will be uninterrupted or error-free or that any information, data, content or other material accessible through the Eros Premium Club website will be free of viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device(s).
• Without limiting the foregoing, the Eros Premium Club Parties do not represent or warrant that the information related to the Eros Premium Club Program is accurate, complete, reliable, useful, timely, or current or that the Eros Premium Club Program will operate without interruption or error. Despite commercially reasonable efforts the Eros Premium Club website and other materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the benefits of the Eros Premium Club Program. No Eros Premium Club Party will be responsible for any such error, typo, or misprint in these terms or any such program materials. The Eros Premium Club Parties reserve the right to void or refuse to process any benefit or transaction arising out of such an error, typo, or misprint.
• The materials on the Eros Premium Club are for general information only and nothing in the Eros Premium Club contains professional advice or any binding commitment in relation to the accuracy, reliability or availability of the products and services on offer.
• The Eros Premium Club Parties will not be liable for any acts, errors or omissions of any other Member, third party or program participant or any third party's loyalty or rewards program.
• In no event will a Eros Premium Club Party be liable to you for any indirect, incidental, special or consequential damages arising out of or in any way connected with the Eros Premium Club Program. You agree that the Eros Premium Club Parties’ total cumulative liability in connection with or arising out of the Eros Premium Club Program and these Terms and Conditions, will not exceed the amount paid by you directly as membership fee towards your participation in the Eros Premium Club Program.

9. Indemnification

• You agree to indemnify, defend and hold Eros Premium Club Parties, harmless from and against any and all claims, judgment, deficiencies, damages, liabilities, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) a breach of these Terms and Conditions, the Website Terms of Use or the Privacy Policy; (b) any allegation that any information or other materials submitted to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) the use of the benefits under the Eros Premium Club Program, the website or any related product or service by any Member.

10. Binding Decisions

• All decisions by us, where applicable in relation to the Eros Premium Club Program, including the benefits offered under the Eros Premium Club Program, the conditions of membership, termination of membership, membership accounts on the Eros Premium Club App, or closure or withdrawal of benefits are final and binding on all members and applicants.
• All interpretations of the Terms and Conditions are at our sole discretion, where applicable, and our decision will be final and binding. If the English version of these Terms and Conditions conflicts with any other language version, the English version shall prevail.

11. Governing Law

• The Eros Premium Club Program and these Terms and Conditions are governed by the substantive laws of India.

12. Dispute Resolution

• Any disputes or controversy arising out of or relating to these Terms and Conditions shall be settled by arbitration to be held in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 as amended, in the English language, and shall be heard and determined by an arbitral tribunal composed of a sole arbitrator appointed by agreement between the parties to the dispute hereto. If the parties fail to reach an agreement with respect to the appointment of an arbitrator within 30 calendar days of any party’s notice to the other party of the existence of a dispute, the parties shall appoint one arbitrator each and the arbitrators appointed by the parties shall appoint a third presiding arbitrator. The decision of the arbitrator(s) shall be final, conclusive and binding on the parties. Notwithstanding the foregoing, however, nothing contained herein shall be deemed to prevent either party from seeking and obtaining injunctive and equitable relief from any court of competent jurisdiction without the posting of any bond or other security.
• Subject to the above, each of the Parties submits to the exclusive jurisdiction of the courts at New Delhi.

13. Program Contact Centre

• All members may request assistance from the dedicated program contact center. The operating hours for the program contact are from 9:30 AM to 6:30 PM, Monday through Saturday. Members may also direct any queries regarding the Eros Premium Club Program by telephone at +91 11 40110820 or by e-mail at contactus@erospremiumclub.com.