Terms and Conditions

Effective: July 1, 2008

The terms "we", "us", "our" and "Karell" refer to Karell Enterprises, Inc. d/b/a Karell Travel, a Florida corporation and/or our subsidiaries or affiliates. 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.

PLEASE READ THESE TERMS AND CONDITIONS (THESE ?TERMS?) CAREFULLY BEFORE USING OR OBTAINING ANY CONTENT, PRODUCTS, OR SERVICES THROUGH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE THESE TERMS WITHOUT ANY MODIFICATION. BY ACCESSING, USING OR OBTAINING ANY CONTENT, PRODUCTS, OR SERVICES THROUGH THIS WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT USE THIS WEBSITE.

Please return to this page periodically to review the most current version of these Terms. At our sole discretion, any aspect of the website may be modified or deleted any time without prior notice to you and your continued access or use of this website signifies your acceptance of the updated or modified Terms. Modifications or changes to these Terms will be posted on this page or a similar page of this website. We may also, at any time, change or impose fees or change general practices and limits for certain products and or services.

Additional Terms of Suppliers

Additional terms and conditions of our carriers and other suppliers may apply to your reservations and purchase of products or services. Please read these separate terms and conditions carefully. For example, different airline carriers have different cancellation and refund policies and/or luggage restrictions. In addition, we may provide additional terms that relate to specific products or services purchases by you. YOU AGREE TO ABIDE BY THE TERMS, RULES AND RESTRICTIONS IMPOSED BY OUR SUPPLIERS AND CARRIERS WITH WHOM YOU ELECT TO DEAL, INCLUDING, BUT NOT LIMITED TO, PAYMENT OF ALL AMOUNTS WHEN DUE AND COMPLIANCE WITH THE SUPPLIER'S RULES AND RESTRICTIONS REGARDING AVAILABILITY AND USE OF FARES, PRODUCTS, OR SERVICES. You acknowledge that some third-party providers offering certain products or services may require you to sign their liability waiver or other documents prior to using such product or service they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Privacy Policy Terms

Your use of the website is subject to our Privacy Policy which can be found at [link]. You agree that you have read our Privacy Policy, and you agree to its terms.

Age, Other Responsibilities and Representations

As a condition of your use of this website, you represent and warrant that; (i) you are at least 18 years of age, (ii) all information you supply to us about yourself and others, including email addresses and credit card information, is true, valid and accurate, and that you have the right to supply us with such information, (iii) you possess the legal authority to create a binding legal obligation, (iv) you will use this website in accordance with these Terms, (v) you will only use this website to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (vi) if you have a Karell account, you will safeguard your account information. In addition, you will be financially or otherwise accountable for all use of our website by you and anyone using your password and login information.

Purchases for Other Persons / Third Parties

If you are making a purchase or reservation on behalf of another person, or in any case in which the name of the person making payment (or the name on a credit card) or arranging for travel is different from the name of the traveler, then prior to finalizing any purchase or reservation we will need to communicate with you and request additional authorization information to ensure that the travel and charges are properly authorized.

Ownership Rights

This website is our sole and exclusive property and we and our licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website and all content and images appearing on this website. The website is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties.

Limited License

Karell grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Terms. You may only use this website to make legitimate reservations or purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party.

This website and the content, including the software, downloads, text, audio, graphics, button icons, data compilations and software, may not be copied, reproduced, republished, uploaded, transmitted or distributed without our prior written permission, except that you may download, display, and print the content on this website for your personal, non-commercial use only. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.

You shall:

• Not use, authorize or permit any third party to use on your behalf any robot, spider or other automatic device, or manual process to monitor or copy any content or data without our permission.
• Not use this website or the related services for any illegal purpose or for purposes other than those expressly permitted in these Terms.
• Not reverse engineer any part of this website
• Not transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise and not use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including a use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website without our prior written consent.
• Not use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment or disguise the origin of the information transmitted through the website.

Termination

We, in our sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our website, even if access continues to be allowed to others. Upon such termination, you must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website. Accessing the website after such termination, suspension, or discontinuation shall be unauthorized and unlawful. We have no responsibility to you arising from or related to such termination. We may provide notice via email sent to the email address contained in your user profile or otherwise used to make a booking on this website or via any other contact information provided by you to us. We reserve the right to cancel any and all bookings or other transactions you have made on the website after you have been prohibited from using the website, with no liability whatsoever to you.

Your Submissions

Any communications, submissions, reviews or other materials you transmit to us, through the website, by email, or otherwise, including any questions, comments, reviews, data, suggestions, ideas, or the like ("Submitted Materials") will be treated as non-confidential and non-proprietary. You grant us (a) a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Submitted Materials in any form, media or technology without any compensation to you, and (b) the right to use the name and biographic information that you submit in connection with such Submitted Materials. You further represent and warrant that you are the owner of the Submitted Materials or have been granted all the rights necessary from the owner thereof to provide such Submitted Materials and the use of such Submitted Materials by us will not infringe the intellectual property rights of or otherwise violate the rights of any third party, that the Submitted Materials are original to and created by you, and that they reflect your honest opinion and belief.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website.

We make no guarantees that we will be able to answer and comment to all Submitted Materials. We have no obligation to post your Submitted Materials. We take no responsibility and assume no liability for any posted Submitted Materials.

We shall have the right but no obligation, from time to time monitor and review any Submitted Materials and reserve the right to censor, edit, remove or prohibit the transmission or receipt of any information that we deem, in our sole discretion, as inappropriate or in violation of these Terms.

International Travel

Certain international destinations may involve greater risks than others. You should review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations.

Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on public sites, such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, KARELL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. YOU ASSUME ALL RISK OF INJURY, LOSS, OR DEATH THAT MAY RESULT FROM YOUR TRAVEL.

Links to Third Parties

This website may contain links to other websites operated by other parties and are provided solely as a convenience and 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.

Availability

We cannot promise that access to the website will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, maintenance or downtime.

EXCLUSION OF WARRANTY

KARELL AND ANY THIRD PARTY SUPPLIERS, PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS OR CONTENT PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. KARELL AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER KARELL NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM KARELL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

KARELL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL KARELL OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, COST OF COVER, OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY KARELL OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE CARRIERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF KARELL. KARELL 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. KARELL SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN ADDITION, KARELL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED (E.G. YOU CLICKED THE ?CONFIRM? OR A SIMILAR BUTTON) AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT OUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY

BY A WAY OF EXAMPLE AND IN NO WAY LIMITING THE SCOPE OF THE ABOVE PARAGRAPH, IF TICKET ORDERS ARE PLACED BETWEEN THE HOURS OF 10PM AND MIDNIGHT EASTERN TIMEOR DURING THE REGULARLY SCHEDULED HOLIDAYS OF KARELL, SUCH TICKET ORDERS ARE NOT PROCESSED UNTIL THE FOLLOWING BUSINESS DAY AND THEREFORE KARELL DOES NOT GUARANTEE THAT THE TICKET AND PRICING ON THE ORDER WILL BE AVAILABLE AT THE TIME OF PROCESSING.

IF, DESPITE THE LIMITATION ABOVE, KARELL, ITS SUPPLIERS, PROVIDERS OR DISTRIBUTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN KARELL OR ITS SUPPLIERS, PROVIDERS OR DISTRIBUTORS? LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE TRANSACTION FEES ASSESSED FOR YOUR PURCHASES ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (USD$100.00). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF KARELL, IT SUPPLIERS, PROVIDERS OR DISTRIBUTORS. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify and hold Karell and any supplier of Karell, and each of their officers, directors, employees and agents harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of these Terms and other documents and terms referenced herein, (b) your violation or noncompliance with any applicable laws, rules or regulations or restrictions of third parties, or (c) your use of this website.

Infringing Material

If you believe any content appearing on this website, whether posted by us or by another visitor or user, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

Relationship

The relationship between Karell and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or use of this website.

Governing Law and Disputes

These Terms and the performance of the parties related shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade county, the state of Florida, United States of America, in all questions and controversies arising out of your use of this website and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within two (2) years from the date on which such claim or action arose or accrued. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.

Severability

If any provision of these Terms are held to be invalid or unenforceable, such provision shall be deemed rewritten to the maximum enforceable extent, and if such provision cannot be deemed rewritten it shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.

General

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use.

These Terms and any other terms and conditions referenced herein constitutes the entire agreement between you and Karell with respect to this website and products and services offered and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Karell with respect to this website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our website, and replaces any prior understandings or agreements (whether oral or written) regarding your use of this website.

Registrations

Karell is a Florida corporation with its primary place of business located in Florida. Karell does not represent that it is registered in any other states, and you agree that any and all transactions between you and Karell are deemed to have taken place solely within the state of Florida.

Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the website or the products or services offered by us, please contact:

KARELL TRAVEL
1-800-327-0373
AIR@KARELL.COM
7300 CORPORATE CENTER DRIVE
SUITE 703
MIAMI, FL 33126
USA