Welcome to the Exclusive Group Travel.com website (the "Website"). The Website is provided solely to assist you in gathering travel information, determining the availability of travel-related goods and services, making legitimate travel reservations or otherwise transacting business with us and our travel suppliers, and for no other purposes.
The terms "we", "us", "our", "EGT" and "Exclusive Group Travel" refer to EGT by Funjet Vacations – a division of The Mark Travel Corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents or representatives. The term "Exclusive Group Travel Affiliates” refers to the affiliated, co-branded and/or linked Website partners through whom we provide service.
Acceptance of Terms
When you use
our Website to make a travel reservation or book any component of your
reservation with our Exclusive Group Travel Affiliates, such as air travel,
hotel, cruise, or car rental, the terms and conditions governing the
reservation services we provide or the travel services provided by our
Exclusive Group Travel Affiliates are set forth in (i)
our , a copy of which can be found on the Website at www.exclusivegrouptravel.com/termsandconditions
, or a
Group Sales Contract (which incorporates by reference our Terms and Conditions)
between you and EGT, and (ii) the separate agreements you may have with our
suppliers, including Exclusive Group Travel Affiliates.
You must agree to this Agreement prior to your use of the Website. Your use of the Website is conditioned upon your acceptance of the terms set forth below. If you do not agree to the terms set forth in this Agreement, you may not use the Website.
b) registering as a travel agent to use this Website; or
c) using the Website.
Your Use of the Exclusive Group Travel Website
Our Proprietary Rights
Exclusive Group Travel retains all right, title, and interest to the Website and any updates that may be provided to you under this Agreement. Exclusive Group Travel reserves all rights not expressly granted to you.
The text, illustrations, photographs and other material on the Website (including, without limitation, the names, trademarks, logos and marketing materials) may not, in whole or in part, be reproduced, copied, distributed, transmitted, publicly displayed or performed, or otherwise used by you without the prior express written consent of EGT, except that you may make copies of your travel itinerary (and related documents) for travel or services booked through this Website.
agents using our Website, any permitted re-use on your website(s) of
copyrighted images, logos and marketing text must include notices in the
A. "Exclusive Group Travel" & logo is a trademark. Permission granted only for use on this website.
B. For marketing text: Copyright © year (e.g., 2017) The Mark Travel Corporation dba EGT by Funjet Vacations. All Rights Reserved.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Except as expressly provided above in this section, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this
Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Privacy and Collection of Information
information about you through your use of the Website. By providing us with any
personal information through the Website for the purpose of registering on the
Website, or reserving or purchasing products or services, you agree that
Exclusive Group Travel may retain, use, and publish information collected
through your use of the Website in accordance with the Exclusive Group Travel
located at www.exclusivegrouptravel.com/privacypolicy
Links to Third Party Sites
This Website may contain hyperlinks to websites operated by parties other than Exclusive Group Travel. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Cancellation of Bookings; Account Termination
If your booking or account shows signs of fraud, abuse or suspicious activity, Exclusive Group Travel may cancel any bookings associated with your name, email address or account, and close any associated Exclusive Group Travel accounts. If you have conducted any fraudulent activity, Exclusive Group Travel reserves the right to take any necessary legal action and you may be liable for monetary losses to Exclusive Group Travel, including litigation costs and damages.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Exclusive Group Travel has adopted a policy of terminating, in appropriate circumstances and at Exclusive Group Travel’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Exclusive Group Travel may also at its sole discretion limit access to the Website or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Software Available on the Website
Any software that is made available to download from this Website ("Software") is the copyrighted work of Exclusive Group Travel and/or our respective affiliates or suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
that all Software, including, without limitation, all HTML code and Active X
controls contained on this Website, is owned or licensed by Exclusive Group
Travel, Exclusive Group Travel Affiliates, and/or our respective suppliers, and
is protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You agree that no joint venture, partnership, or employment relationship exists between you and Exclusive Group Travel as a result of this Agreement or use of this Website.
THE EGT WEBSITE, ALL TEXT, INFORMATION, GRAPHICS AND OTHER CONTENT ON EGT'S WEBSITE, ALL RESERVATION SERVICES PROVIDED BY EGT AND ALL TRAVEL ITINERARIES OR SERVICES OBTAINED BY YOU THROUGH EGT, WHETHER OBTAINED THROUGH OUR WEBSITE, THROUGH OUR REPRESENTATIVES OR OTHERWISE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO ANY AND ALL APPLICABLE LAWS, REGULATIONS, TARIFFS AND THE TERMS AND CONDITIONS OF ANY AGREEMENT OR ARRANGEMENT WITH SUPPLIERS OR PROVIDERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EGT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND SECURITY AND ACCURACY AND ALSO ALL WARRANTIES ARISING BY USAGE OF TRADE AND COURSE OF DEALING. EGT MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION THAT EGT'S WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCE OR THAT THE QUALITY OF ANY PRODUCT, ITINERARY, SERVICE, INFORMATION OR MATERIAL OBTAINED FROM OR THROUGH EGT'S WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation on Damages
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EGT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS OR PROVIDERS WILL BE RESPONSIBLE OR LIABLE FOR: (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF THE EGT WEBSITE, YOUR DOWNLOADING OF ANY CONTENT FROM THE EGT WEBSITE OR YOUR USE OF ANY EGT SERVICE; OR (B) ANY INJURY, DEATH, DAMAGE, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OR THEFT OF DATA OR RECORDS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOST PROFITS AND LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, ANY OTHER CONTRACT BETWEEN EGT AND YOU OR YOUR USE OF THE EGT WEBSITE, ANY EGT SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OR DELAY IN PERFORMANCE BY EGT OR ANY PARTNER, SUPPLIER OR PROVIDER, EVEN IF EGT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING FROM USE OF THE EGT WEBSITE OR EGT SERVICES OR FROM SUCH PERFORMANCE OR NON-PERFORMANCE. IF ANY ITINERARY OR PART THEREOF BOOKED THROUGH EGT IS CANCELLED BY EGT OR ANY SUPPLIER OR PROVIDER, EGT'S LIABILITY, IF ANY, RESULTING FROM SUCH CANCELLATION SHALL NOT EXCEED A REFUND OF THE AMOUNTS RECEIVED BY EGT FROM YOU FOR THE ITINERARY OR PART THEREOF CANCELLED. BAGGAGE AND OTHER PERSONAL BELONGINGS ARE THE TRAVELER'S RESPONSIBILITY OR THAT OF THE SUPPLIER OR PROVIDER, NOT EGT. EGT ADVISES THAT ALL TRAVELERS OBTAIN TRIP CANCELLATION AND LOST LUGGAGE INSURANCE.
IF, DESPITE THE LIMITATION OF LIABILITY SET FORTH ABOVE, EGT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS OR PROVIDERS IS OR ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY WILL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL PACKAGE PRICE PAID TO EGT IN CONNECTION WITH THIS TRANSACTION OR (B) ONE-HUNDRED DOLLARS (US $100.00) OR THE EQUIVALENT OF LOCAL CURRENCY (THE "MAXIMUM LIABILITY").
You agree to
defend, indemnify and hold harmless, EGT and its officers, directors,
employees, representatives, affiliates, partners, and suppliers and providers
from and against any claim, cause of action and/or demand, including, without
limitation, costs, expenses and reasonable attorneys', accountants' and expert
fees incurred in connection with such claim, cause of action and/or demand
commenced by you for an amount in excess of the Maximum Liability or any claim,
cause of action and/or demand commenced by any third party arising from or
contract between EGT and you, including any applicable Group Sales Contract or
our (which can be
found at www.exclusivegrouptravel.com/termsandconditions
your negligence; (C) your violation of any law or the rights of a third party;
(D) your use of the Website or (E) any other act or omission by you.
Jurisdiction; Governing Law
to your questions, please contact us by email or by regular mail to the address
EGT by Funjet Vacations
999 Stewart Avenue, Suite 210
Bethpage, NY 11714