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This document aims to regulate the Terms of Service for online reservations of ETC America S.A., trade name EXCLUSIVE TRAVELER CLUB, a corporation that exists under the Republic of Panama Commercial Code, as established in Deed Number 7096 formulated by the Notary of the Third District of Panama on June 28, 2013, registered with the Legal Entities Public Registry, Document Listing Department, under number 2418319 807 496 on July 3, 2013. The terms "You" and "User" will hereinafter refer to all individuals who for any reason access www.exclusivetravelerclub.com (hereinafter referred to as the Website), or use the services provided by the Internet portal. The use of these services implies full and unreserved acceptance by the User, as well as the validity of each of the General Conditions of the Agreement contained in the most recent version of these Conditions. As a client, you declare to be of legal age, and have sufficient legal capacity to be bound by the terms of this Agreement with EXCLUSIVE TRAVELER CLUB.
EXCLUSIVE TRAVELER CLUB hereby informs you that the procedures for the provision of services offered are set out in the General Conditions of the Agreement, as well as those that are specifically displayed on the screen during navigation of the Website. As such, You declare to be aware of and accept these procedures to be able to commission the services offered on the Website.
2. Use of EXCLUSIVE TRAVELER CLUB Online Reservation Services.
2.1. Online Reservation Services.
2.1.1. Online Reservation Services: The purpose of the online reservation services is to reserve a service offered by the Exclusive Traveler Club program in any of our facilities, or with any of our providers. The use of these services implies full and unreserved acceptance of each and every one of the conditions contained in the most recent version of these terms.
2.1.2. Procedure: the User must have entered into and signed the "Intermediation Agreement" for the provision of services offered by Exclusive Traveler Club.
Upon using this service, the User will receive a confirmation email that will include the reference number of his/her reservation. This email serves as proof of the User's reservation, and confirmation of his/her acceptance.
2.1.3. Warranty and General Cancelation Policy:
CLIENT(S) will have a grace period of three (3) calendar days from the date on which the Agreement is signed to cancel it and obtain a full refund on the amounts paid without any deductions. As stipulated by this Agreement, this amount can only include the first monthly payment to be able to receive the intermediation services that are the subject of this Agreement. This is the case, provided that the CLIENT(S) has/have not used the services commissioned, either with EXCLUSIVE TRAVELER CLUB or with any of the service providers. Cancelation by the CLIENT(S) must be in writing, stating the place in which the Agreement was signed, whether at the address of EXCLUSIVE TRAVELER CLUB or that of a Collection Agency. EXCLUSIVE TRAVELER CLUB will have a period of ten (10) working days following the date of cancelation of this Agreement to refund in full the amount paid by the CLIENT(S), in accordance with the provisions of Clause Seven. The COMPANY will discount cancelation expenses of USD 100 from the amount to be refunded, in accordance with the provisions of ANNEX D.
In the event that the CLIENT(S) consider(s) that EXCLUSIVE TRAVELER CLUB has failed to fulfill any of its obligations under the terms of this Agreement, the CLIENT(S) of EXCLUSIVE TRAVELER CLUB shall notify the latter within ten (10) days from the date of the breach of contract, specifying the cause of the violation and attaching any evidence it has in its possession so that EXCLUSIVE TRAVELER CLUB may determine, within a period of thirty (30) days, if any violations exist and, where applicable, if the cause is attributable to the actions of EXCLUSIVE TRAVELER CLUB. If EXCLUSIVE TRAVELER CLUB convincingly demonstrates that the violation does not exist, or that it was caused by actions not attributable to EXCLUSIVE TRAVELER CLUB, the complaint by the CLIENT(S) must be considered to be resolved, and therefore it will be considered that there was no violation of this Agreement.
If EXCLUSIVE TRAVELER CLUB does not make a decision within the previously specified time period, of if the evidence and examples do not determine the inexistence of the violation, or that it was not caused by actions attributable to EXCLUSIVE TRAVELER CLUB, the CLIENT(S) must wait fifteen (15) days for said breach to be remedied. If EXCLUSIVE TRAVELER CLUB does not resolve the conflict in the following fifteen (15) days, the CLIENT(S) may terminate this Agreement. In this case, the CLIENT(S) will be exempt from any future payment of the promissory note, and will not have the right to additional claims. For its part, the amounts received under the terms of this Agreement and its annexes to date are the property of EXCLUSIVE TRAVELER CLUB.
The CLIENT(S) will remain(s) bound to pay the fees required by this Agreement and the promissory note, regardless of the presentation of the claim.
The reservations made through this Website will be paid in advance by the User with a credit card, transfer or bank deposit via the online form for this purpose. To cancel a reservation, you must contact our Central Reservations Office, telephone number +507 302 3436, Monday to Friday from 09:00 am to 05:00 pm; Saturdays from 09:00 am to 12:00 pm - Central Standard Time. Outside of these hours, please contact your local service provider.
2.1.4. The prices of the reservation services can be found on the Website, and are subject to change by the service provider.
2.2 Using the Service: The User agrees to use the services in accordance with the law, ethical standards, good practices and public order, and to conform to the provisions of the General Conditions of the Agreement. As such, use of the services for illegal purposes and/or purposes contrary to the General Conditions of the Agreement, to the detriment of the rights and/or interests of third parties, or which may damage the services and/or image of EXCLUSIVE TRAVELER CLUB in any way, is prohibited.
2.3. The EXCLUSIVE TRAVELER CLUB System Is Subject to Change. It may be modified or changed at any time without prior notice, with regard to the services provided or operating conditions, techniques or use of services, to provide greater flexibility and to benefit its Users.
3. Protection of the User's Personal Data by EXCLUSIVE TRAVELER CLUB.
Privacy Policy
PRIVACY AND PROTECTION OF PERSONAL DATA
ETC America S.A. is a legal entity liable under the terms of Act 24 of 2002, as amended under the Protection of Personal Data in the Possession of Private Parties Act (hereinafter referred to as the "Act"), with regard to information requested directly by the CLIENT(S) through the Internet domain http://www.EXCLUSIVETRAVELERCLUB.com/, and the same information collected for the following purposes:
• Handling the operation of transactions for individuals or legal entities that have any kind of relationship with EXCLUSIVE TRAVELER CLUB in their capacity as CLIENT(S) of "Exclusive Traveler Club," as described in this Agreement.
• Treatment of said information to carry out studies, statistics, promotions, advertising, notifications and communication of any kind with regard to this Agreement.
EXCLUSIVE TRAVELER CLUB will not transfer the information that it collects.
The data requested is relevant because EXCLUSIVE TRAVELER CLUB aims to process the information collected in accordance with the criteria of EXCLUSIVE TRAVELER CLUB to make decisions with regard to the specific relationship it maintains with each of its CLIENT(S).
The means established for the CLIENT(S) as owner/holder of the information collected to limit the use or disclosure of their data or to exercise their rights to access, rectify or cancel and oppose, will be carried out in writing in accordance with legal requirements, sent to the following email address: concierge@exclusivetravelerclub.com.
The procedure to modify this Privacy Notice consists of obtaining the corresponding authorization from EXCLUSIVE TRAVELER CLUB. Similarly, the means by which the content of said modification will be communicated is through publication on the aforementioned Internet domain: http://www.EXCLUSIVETRAVELERCLUB.com/.
EXCLUSIVE TRAVELER CLUB has taken measures to protect Users' personal information against damage, loss, alteration, destruction or access, use or unauthorized processing, and constantly updates the necessary administrative, technical and physical security measures.
The CLIENT(S) agree(s) not to disclose "Confidential Information" (in accordance with the provisions outlined below) to any third party. This provision will be valid even following the termination of the "Intermediation Agreement.” “Confidential Information" refers to the contents and terms of the "Intermediation Agreement" and its Amendments, as well as information that is not generally known, which the CLIENT(S) obtain(s) from EXCLUSIVE TRAVELER CLUB with regard to: (1) rates, benefits, discounts and promotions of the accommodation establishments, service providers or EXCLUSIVE TRAVELER CLUB, or (2) sales and marketing techniques, business management techniques, lists of CLIENT(S) or requests, information regarding service providers or EXCLUSIVE TRAVELER CLUB. Failure to abide by the provisions contained in the "Intermediation Agreement" will result in the immediate termination of the "Intermediation Agreement," losing the amounts paid to date and enabling EXCLUSIVE TRAVELER CLUB to claim the outstanding amounts on the promissory note, as well as damages.
EXCLUSIVE TRAVELER CLUB LINKS TO THIRD PARTIES.
EXCLUSIVE TRAVELER CLUB is not responsible for links to third parties that lead to other websites. Nor is it responsible for the content or data processing that may occur on the websites of third parties that can be accessed through links or hyperlinks from the www.exclusivetravelerclub.com website.
OWNERSHIP OF THE WEBSITE
This website is the property of ETC America S.A., a corporation that exists under the Republic of Panama Commercial Code, as established in Deed Number 7096 formulated by the Notary of the Third District of Panama on June 28, 2013, registered with the Legal Entities Public Registry, Document Listing Department, under number 2418319 807 496 on July 3, 2013.
4. Right to Amend the Terms and/or Conditions of the Agreement
EXCLUSIVE TRAVELER CLUB reserves the right to unilaterally amend any of the matters contained in the General Conditions of the Agreement, without prior notice and in the manner that it deems appropriate.
5. Validity OF the General Conditions of the Agreement
If one of the provisions of the General Conditions of the Agreement is declared void or unenforceable, the remaining Terms will be maintained as previously agreed. None of the contents of this Agreement affect compulsory provisions regarding consumers. If You are not a consumer, You expressly waive the right of withdrawal.
6. www.exclusivetravelerclub.com and Acceptance of the Terms of Use.
The User is aware that use of the Online Reservation Services implies full and unreserved acceptance of each of the clauses included in the Terms of Use of the Website, in the version published by EXCLUSIVE TRAVELER CLUB the point at which the User commissions the service. These Terms of Use complement all provisions of the General Conditions of the Agreement, provided that they do not conflict with them. Accordingly, the User must be aware of the importance of consulting the rules of this Website before accessing and/or using these services.
7. Use of Cookies
Access to this Website may involve the use of cookies on the page or pages that are linked or referenced through links. Users who do not wish to receive cookies, or wish to be informed of their use, must configure their browser accordingly.
8. Legislation and Jurisdiction
These Conditions will be governed by the laws of the Republic of Panama. ETC America S.A. and the User expressly forego any other jurisdiction, and submit themselves to the Courts and Tribunals of ETC America S.A. for any dispute that may arise from the provision of services that are subject to these Conditions.
These policies could be modified without notice by Exclusive Traveler Club or any of the service providers. To verify the updated information, please refer to the help center or Chatbot.