These Terms and Conditions apply as between you (the User of our Website) and GO Travel Group (the owner of this Website, also referred to as 'we', 'us' and 'our' in these Terms and Conditions), in connection with your use of the Website and how we process bookings that you may wish to make with suppliers of hotel stays, holidays and/or travel services. These Terms and Conditions will apply whether you are a visitor to the Website, as well as if you have an account or have registered with us and are a Member (as defined below). Your agreement to comply with and be bound by these Terms and Conditions is deemed as provided upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately, as your continued use of the Website will indicate your continued acceptance of these Terms and Conditions. You must be at least 18 years of age to become a Member or use the Website, and certain Suppliers have higher minimum age requirements for their Products.
In these Terms and Conditions the following terms shall have the following meanings:
- "Acceptance" means the process by which Maingate Resorts accepts a Member's offer to purchase a hotel stay, holiday or package advertised for purchase on the Website and/or as notified to a Member in any communications sent from Maingate Resorts.
- "Account" means collectively the personal information, payment information and credentials used by Users to access the Service and/or any communications System on the Website;
- "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- "Members" means Users of the Website who have chosen to become and been accepted as members of Maingate Resorts, who are required to comply with these Terms and Conditions together with any other terms of membership that Maingate Resorts may issue from time to time;
- "Products" means the products or services that a Member can book with a Supplier through the Website, which may include package holidays, hotel and other accommodations, experiences, tours or any other travel services or products, as provided by Suppliers and as detailed on the Website from time to time;
- "Service" means collectively any online facilities, tools, services or information that Maingate Resorts makes available through the Website or otherwise either now or in the future;
- "System" means any online communications infrastructure that Maingate Resorts makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- "Suppliers"means suppliers of hotel and other accommodations, tours, holidays, products or other services (whether a tour operator, hotel or any other supplier or provider), who shall be directly responsible to a Member who books with a Supplier for such Supplier's Products;
- "User(s)" means any third party who accesses the Website and is not employed by Maingate Resorts and acting in the course of such employment, whether a Member or otherwise, also referred to as 'you' and 'your'; and
- "Website" means the website of Maingate Resorts, as currently accessed through the URL address as www.Maingateresortorlando.com, together with any sub-domains of this website, unless expressly excluded or governed by their own terms and conditions, or any other URL address as Maingate Resorts may designate from time to time as being part of the Website.
2. Intellectual Property
- Ownership:All Content included on the Website (unless uploaded by Users and accepted for inclusion on the Website by Maingate Resorts) including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (including the copyright, database, trademarks, design rights or other intellectual property right, in whatever format and whether registered or not, "Intellectual Property") is the property of Maingate Resorts, or our affiliates or licensors. By continuing to use the Website you acknowledge that such Content is protected by applicable United States, United Kingdom and other foreign Intellectual Property laws and that you can only use the Content for the purposes of viewing the Content and using the Website.
- Allowed use:
Subject to these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only, unless otherwise indicated on the Website, or unless given express prior written permission to do so by Maingate Resorts. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that you will not:
- 1. Use the Content of the Website for commercial purposes;
- 2. Systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Maingate Resorts;
- 3. Take any action that imposes an unreasonable load on the Website's infrastructure;
- 4. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
- 5. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website; or
- 6. delete or alter any Content or other material posted on the Website by Maingate Resorts or any User.
- Third Party Intellectual Property: Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy or terms that may be relevant.
- Content that you or other Users may upload:You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service ("User Content"). The following are examples of the kind of User Content use that is illegal or prohibited by Maingate Resorts. Maingate Resorts reserves the right to investigate and take appropriate legal and other action against anyone who, in Maingate Resorts' sole discretion, violates this provision, including without limitation, removing the offending User Content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Website to:
- 1. Email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Maingate Resorts, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, which may expose Maingate Resorts or its Users to any harm or liability of any type or which may harm the reputation of Maingate Resorts;
- 2. interfere with or disrupt the Website or System, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or System;
- 3. violate any applicable local, state, national or international law, or any regulations having the force of law;
- 4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 5. solicit personal information from anyone under the age of 18;
- 6. harvest or collect email addresses or other contact information of other users from the Website or System by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- 7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by Maingate Resorts;
- 8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- 9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website or System.
- Commentary and other materials posted on the Website are not intended to amount to advice on which you should rely. Maingate Resorts disclaims all liability and responsibility arising from reliance on User Content. Where Maingate Resorts provides any interactive services on the Website, we use commercially reasonable efforts to ensure that such services are provided and used in accordance with these Terms and Conditions.
- The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials on the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA..
- You represent and warrant that you own all right, title and interest in and to User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant to Secret Escapes and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website and the website of any affiliated company or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or System ("Submissions"), provided by you to Maingate Resorts are non-confidential and Maingate Resorts will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. The Service Login details:
4. What Maingate Resorts does:
- Maingate Resorts is an exclusive, accommodation and travel services provider. Secret Escapes processes bookings with Suppliers for hotel stays, holidays and package deals, having secured pre-negotiated rates with various Suppliers. Each booking that a Member may make through S Maingate Resorts with Suppliers will be made up of one or more offers which may be available at any given time. Members book individual offers from Suppliers within a sale window that is offered, as detailed from time to time on the Website. For example, there may be a sale for rooms at particular hotel, with offers for 1 and 2 night stays in standard and superior rooms, each at the applicable pre-negotiated rates. Offers may, if so expressly indicated, include additional items or components, such as meals or activities. For avoidance of doubt, unless expressly stated in the offer or sale description, offers are for accommodations only. All Products shown on the Website (or as notified to Members through email communications) are, and remain until Acceptance by the Supplier, subject to availability, and Members acknowledge that they will need to check that an offer is still available before requesting a booking.
Rates and Suppliers terms: Maingate Resorts negotiates hotel stay, holiday and package deal prices with Suppliers. The sale price displayed on the Website is the pre-negotiated price. When buying Products through the Maingate Resorts Website, your contract will be with the Supplier (e.g. the hotel company) and not Maingate Resorts. Accordingly Maingate Resorts is not responsible for the conditions or limitations placed on any sale by the Supplier of the Product being sold (such as, by way of example, the inability to cancel a booking once placed). Separate terms and conditions will apply to your booking and purchase of the Products purchased through any sale on the Website. You agree to abide by the terms or conditions of the Supplier with whom you contract, including compliance with the Supplier's rules and restrictions regarding availability and use of the Products. You understand that any breach of any Supplier's conditions may result in cancellation of your booking, in your being denied access to any hotels, accommodations or other travel services that may be contained as part of the Products you have booked and / or in your forfeiting any monies paid for such booking, and in Maingate Resorts debiting your account for any costs Maingate Resorts incurs as a result of such breach.
5. Sale Information
All of our prices are shown in U.S. Dollars. In addition to the listed price, Members are responsible for any and all applicable transient occupancy, hotel, bed and similar taxes and governmentally imposed fees, which are generally indicated as an addition item on the payment summary page. Maingate Resorts sells hotel stays and holidays at pre-negotiated prices. The sale descriptions on the Website specify the prices and what is included in your purchase, as well as any special conditions that apply. We try and avoid errors in our sales descriptions and prices. However, we reserve the right to correct errors in sales descriptions and prices before Acceptance of your order. Unless otherwise stated in the sale description, the prices shown are for accommodations only and do not include other potential costs such as airfare, ground transportation, other travel, spa treatments, activities, meals, beverages and other incidental costs or expenses. We aim to use photographs and descriptions to give an accurate illustration of the Products. They are not intended to be exact, for example you are not guaranteed an identical view to that shown in a sale photo. We show a percentage comparison of our pre-negotiated sale price against the "rack rate" provided by the hotel. When additional services (such as meals or activities) are included in the sale, we add those to the rack rate. All savings claims made by Maingate Resorts are based on price comparisons with retailers doing business in the trade area in which the claims are made and with prices at which the merchandise is actually sold. Your purchase of Products may be used for personal purposes only and shall not be used for any commercial purpose.
Our Suppliers are independent contractors and not agents or employees of Maingate Resorts. Maingate Resorts is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Secret Escapes has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
6. Making a booking
Sale Information: Any Products detailed on the Website are subject to availability and therefore we need to check availability once a Member indicates that such Member would like to make a booking for a Product, before such booking can be confirmed. A Member's request to book a Product constitutes a contractual offer to purchase that Product; however, no legally binding contract will come into force between a Member and a Supplier unless and until there has been an acceptance by the Supplier (as notified to a Member by Maingate Resorts) that the booking requested by the Member has been accepted ("Acceptance"). Except as otherwise may be indicated, Acceptance is given on first-come, first-served basis and is, subject to the payment, at the time of booking, of the price of the applicable Product plus any and all applicable transient occupancy, hotel, bed and similar taxes and governmentally imposed fees.
For Acceptance of a booking for a Product to take place the following steps will need to be completed:
- 1. the Member will need to offer to purchase a Product on the Website and submit the Member's payment information;
- 2. Maingate Resorts will issue an automated online acknowledgement confirming receipt of the booking request. Please note that such automated acknowledgement is not Acceptance of the booking request, but an acknowledgement that the booking request has been received and that Maingate Resorts will contact the Supplier to check availability prior to any binding contract being formed;
- 3. Maingate Resorts will check that no details of a Product needs to be corrected and that there are no accidental errors or omissions, and check the availability in respect of the Product with the relevant Supplier. In the event that any such errors or omissions need to be corrected, or a Product is no longer available, Maingate Resorts will provide notification thereof to the Member as soon as reasonably practicable; and
Typically our rates for hotel rooms will be based on two guests sharing a room. Additional occupants are not permitted without prior permission of the hotel, and are subject to additional fees specified by the hotel.
Once your booking has been completed and payment for your Product has been made), Maingate Resorts will issue you with a booking receipt, in compliance with applicable laws, with details of the relevant Supplier providing the Product that you have booked. Please note this is not a complete booking confirmation with all the details of your itinerary, etc. - which will be sent to you by the relevant Supplier separately. Our booking receipt merely confirms receipt of monies that we have taken on behalf of the Supplier and details of the dates for which your Product has been booked.
When you receive documentation for your hotel stay/vacation, please ensure you check that these are correct and in the case of travelling abroad, that they match the names and ages on the passport(s).
Maingate Resorts will not be held liable in the event that any accommodation receipts, tickets and/or travel documents do not arrive from the Supplier by post or email. Please contact the Supplier should you not receive these documents.
Errors and Disputed Charges: If you have any query about an amount that has been charged by us to your card, please contact us immediately. In the event that we find a payment has been taken in error we will refund the amount to your credit or debit card. Refunds are at the sole discretion of Maingate Resorts.
7. Cancellations and Alterations by Members
Unless otherwise stated in the Product description, once Acceptance has taken place all Product sales on the Website (or otherwise) are final, non-refundable and may not be altered, and cancellation will result in the forfeiture of the entire amount paid by the Member for the Product. If alterations or cancellations are available from the Supplier, they may be subject to a charge as per the Supplier's own terms and conditions.
While bookings made through the Maingate Resorts Website have a 100% non-cancellable/non-refundable policy, if a Member wishes to make a change to their booking of a Product with a Supplier, then Maingate Resorts has the right, in its discretion, to assist a Member in the Member's attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful. Maingate Resorts will not be held liable for any applicable charges that the Member may need to pay in order to give effect to any such alteration or cancellation, if available.
Please note that if a Supplier's separate terms and conditions, located on its own website or otherwise, include provisions relating to changes and cancellations of bookings, such terms shall not be binding on the Supplier when bookings are made for Products featured on the Maingate Resorts Website. This is because of the pre-negotiated rates that Maingate Resorts has secured with the Supplier, which generally require that the booking is final and cannot be changed. Members should therefore be aware that any such cancellation or alteration terms or provisions relating to Products booked through the Maingate Resorts Website would be deemed as non-cancellable and non-refundable, unless otherwise expressly stated, or unless the Supplier has agreed to this in writing.
Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of any insurance policy that you may choose to separately procure in respect to the Product. All claims must be made directly to the insurance company concerned. Maingate Resorts does not provide insurance, nor does it make any representations about the applicability of coverage of any insurance provider.
8. Cancellations by Suppliers
In the rare cases that a Supplier cancels your booking after it has been accepted, you will be notified by the Supplier, or Maingate Resorts acting on its behalf. In this circumstance, Maingate Resorts will make commercially reasonable efforts to support you in getting a refund or changing your dates. Maingate Resorts is not responsible for costs associated with a cancellation by the Supplier. Please consider purchasing third-party travel insurance to cover against cancellations.
9. E-mail Communication
You agree to maintain the e-mail address provided with your Membership registration or any substitute therefor (collectively, your "Provided Email Address") as a valid, active email address. If you fail to maintain a valid Provided Email Address, then any notice we send to your old email address shall be deemed sufficient notice. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other email address that we have in your file, unless you have previously informed us through electronic or written notice that an email address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of emails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
1. Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items, etc.) is given as general guidance and in good faith but we shall not be liable for any decisions made on the basis of the information supplied.
2. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. Neither we, nor the Suppliers of Products, shall be liable if you cannot travel because you have not complied with any passport, visa or immigration requirements.
3. Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
1. These Terms and Conditions constitute the entire agreement between you and Maingate Resorts with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
2. It is not the intention of the parties to confer any rights on any third parties by virtue of these Terms and Conditions.
3. You may not assign your rights under these Terms and Conditions without the prior written consent of Maingate Resorts s, but Secret Escapes may assign or transfer these Terms and Conditions, in whole or in part, without restriction.
Vacation ownership offers:
Maingate Resorts will at times offer vacation ownership deals. The terms and conditions vary for each offer. Each terms and conditions will be posted on each offer.
Maingate Resorts has direct contracts with these vendors.
THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES
Registered Seller of Travel
Maingateresortorlando.com (GO Travel Group) is registered with the State of Florida as a Seller of Travel Registration No. ST41656.