Terms and Conditions
These terms and conditions (“Terms”) govern the relationship between Atwater Shorewood LLC, D/B/A Karia LLC, (“Karia” and/or “us/our”) and you, the purchaser and/or traveler (“Client” and “passenger” and “you/your”). By participating in events with Karia, you agree to be bound by these Terms. Karia acts as a booking agent for disclosed principal supplier subject matter experts, event hosts, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and other services (“Supplier(s)”)and may not be the source or provider of the services. Any payment made to Karia shall be deemed to constitute full acceptance of these Terms.
1. USE OF KARIA SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 21 years of age and possess the legal authority to enter into this Agreement and to make bookings with Karia. You agree to be financially responsible for all of your bookings made on behalf of yourself and any member of your party and warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with Karia and its Suppliers, and acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.
All bookings are accepted by Karia as agent for the Suppliers connected with your particular event or offering. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select, and you understand and agree to abide by the terms and conditions of purchase imposed by any Supplier on an offering you have approved. As a condition of reservation, you must provide information requested by Karia along with your initial payment. Karia reserves the right to cancel your reservation and all services and retain all related cancellation fees if your information is incomplete or inaccurate. Your personal data secured for your reservation is used to process your services with our Service Providers. It may be necessary to transfer these details to other countries or authorities whose data protection and privacy laws are less stringent than those of the United States of America. This may include requirements to pass details to Service Providers as well as certain governments or government-appointed bodies, or agencies in the interest of security or because we are obliged to by law.
Karia is not liable or responsible for any arrangements made independently of Karia. Karia assumes no responsibility for costs or fees you incur for independent arrangements not booked through Karia, inclusive of, but not limited to, airline, hotel, excursion, and travel protection related charges. If you make your own flight arrangements, Karia is not responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates, and cannot assist you with any schedule changes or delays related to air reservations you have made on your own arrangement.
2. PRICING
Quoted prices are per person. Prices do not include travel to and from event, including airfare, and hotel accommodations, and are subject to change without notice. Pricing for our services are subject to change at any time prior to receipt of full deposit.
At the time of reservation, payment in full is required.
We reserve the right to correct errors in price quotes or billing. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. All offers, incentives and Supplier promotions are subject to availability and may change without notice. Prospective Clients are advised to reserve early to avoid disappointment, increases in fares and additional late booking fees.
Unless specifically noted in your trip itinerary, the following is not included in your reservation:
airfare, unless specified in the itinerary;
airline fees, including fees for advance seat assignments, premium seat assignments, and checked and excess baggage fees;
government taxes and fees, including entry/exit fees at airports, port taxes and fees, Federal inspection fees for U.S. Immigrations & Customs; International Air Transportation tax, agricultural tax; other per-person taxes imposed by government entities; airport taxes and fees, including the September 11th Security fee, Federal domestic flight segment fees, and U.S. and international arrival and departure and other government-imposed fees added by the airline and applicable at time of reservation. (Some fees may be included in the price of airfare, if purchased through Karia)
passports; visas; vaccinations;
gratuities to your Tour Director, Driver, and Local Guides; gratuities on ferries, trains, and other transportation;
laundry; telephone; minibar;
alcohol, beverages, and food outside of any contracted menu or shared groceries as presented at a hotel or restaurant or other accommodation (these extra items will be billed to you before leaving the hotel, accommodation, or restaurant);
optional excursions;
porterage at airports and train stations;
Travel Protection or third-party Travel Insurance.
3. PAYMENT SCHEDULE
Full payment is required on booking. All Events are offered subject to availability.
Karia accepts payment via major credit cards.
Your reservation is confirmed when your payment is processed. Your invoice is confirmation of services on the reservation.
4. RESERVATIONS
You are responsible for providing and verifying full, complete and accurate information for all participants and services at the time of reservation. Under no circumstances is Karia liable for any errors or omissions in the information provided by you to complete the reservation. When you receive any and all event documents, it is your responsibility to review and verify all information for accuracy. Contact Karia immediately if changes or corrections are required. Karia is not responsible for incorrect or inaccurate booking information provided by you.
5. CANCELLATIONS BY CLIENT
In the event of a client cancellation, Karia shall offer refunds provided that the cancellation is received in writing by Karia more than seven (7) days prior to an Event.
6. FORCE MAJEURE AND OTHER CANCELLATIONS BY KARIA
Karia will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of Karia (“Force Majeure Event”).
Karia reserves the right to cancel or reschedule any event for any reason, including insufficient demand, strikes, lockouts, riots, stoppage of labor or Force Majeure event. In this case, Karia will issue refunds to reserved event attendees.
In addition, each of Karia’s Suppliers have terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations by any third-party Supplier shall remain in the sole and absolute discretion of the Supplier pursuant to their policies, although Karia shall use its reasonable efforts to secure reimbursement for you where possible.
In the event of a cancellation by Karia prior to departure for reasons other than Force Majeure, Karia will offer refunds.
7. FEES FOR CHANGES OR REVISIONS TO ITINERARIES OR ADDITIONAL SERVICES.
After the Final Payment Date, any change to a participant’s name or event booking after the final payment date is treated as a full cancellation and new reservation.
8. UNUSED ARRANGEMENTS AND ALTERATIONS TO BOOKINGS
No refunds will be issued for unused services (late arrivals, temporary absences from your event or early departures), or for voluntary modifications made by you.
Some Karia offerings are offered based on minimum numbers of participants; if the number of participants falls below the minimum required, the event may be canceled. Any cancellations of an offering for reason of failing to meet the minimum participant requirement will be subject to a full refund, unless the client directs Karia to apply the funds at issue to the cost of a different booking.
Alterations to your offerings or events may be necessary for any number of reasons, including but not limited to severe weather. Any alterations to an offering or event are at the sole discretion of Karia or its Suppliers, and any refunds shall be at the discretion of Karia if a scheduling change is necessary.
9. RISKS/SAFETY
Participation in certain events or offerings from Karia may involve greater risk than others.
Certain activities that are included as part of events or offerings that we book pose may inherent risks and may be dangerous. By participating in an event or offering with Karia, you acknowledge that you are aware that the physical exertion required to participate in certain activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. You acknowledge that you should seek medical advice if you know or suspect that your physical condition may be incompatible with the activities on your itinerary. You may be required to wear approved safety equipment while participating in certain activities, and by booking travel with us and participating in these activities, you agree to use the recommended safety equipment and to ask questions if you are unsure about how to properly or safely use equipment.
If you use, consume, or are under the influence of alcohol or illegal drugs prior to or while engaging in any activities on your itinerary, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Karia or third parties, and you indemnify Karia from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
In the event of emergent health or safety concerns, once Karia has investigated the prevailing situation, Karia shall have the sole and absolute discretion whether to proceed with any Karia event or offering, or to make alterations to the planned event or offering.
10. SPECIAL NEEDS & PARTICIPATION REQUIREMENTS
Any special requirements or disabilities must be disclosed to Karia at time of reservation, or if such requirements arise after the reservation, as soon as such requirements are or reasonably should be known by the participant. If Karia has not received disclosure of requirements or disabilities that require reasonable accommodations for accessibility, and/or if your participation poses a threat to the safety or health to self or others, Karia may be unable to accommodate you for part or all of the event or offering, and there will be no refund.
Karias is not responsible if a supplier is unable to, or fails to accommodate your dietary restrictions or requirements.
Laws and regulations related to the accommodation of disabilities and special needs vary from country to country, and Karia is not liable for denial of services by air carriers, hotels, restaurants or other independent suppliers.
Certain activities or venues may be limited or inaccessible to you if your mobility is limited in any manner.
You are responsible for assessing if the offering or event is suitable for all participants on the reservation. We recommend you contact Karia prior to making a reservation to determine what reasonable assistance might be available.
Karia will make reasonable efforts to accommodate participants’ needs but cannot guarantee that it can do so in all cases. You are advised that some Suppliers, including hotels and small ships or boats, may not have elevators.
No refunds are provided for missed services or activities due to your inability to fully participate with the group, including keeping pace with the group, if conditions requiring assistance are not known to Karia at the time of reservation or when reasonably known by the participant. Karia does not provide personal services or individual assistants to event or offering participants. Our staff are not required or trained to assist with personal tasks. This includes eating, dressing, toileting, lifting or pushing a wheelchair, walking, getting on or off transportation, porterage or other personal needs. If you need such assistance, we strongly recommend you have a companion accompany you to assist you.
You must notify Karia at the time of reservation if you are traveling with a wheelchair, or if the need for a wheelchair arises after the reservation, then as soon as that need is known. You are responsible for storage and maintenance of any permissible wheelchair.
11. CURRENCY FLUCTUATIONS
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, and additional payments may be due in the event of certain significant currency exchange rate fluctuations. Karia is not responsible for surcharges or foreign transaction fees imposed by Client’s credit card or bank.
12. CLIENT CONDUCT
Each participant in any event or offering by Karia is expected to act responsibly and adhere to all behavior guidelines established by Karia and our Suppliers, including dress codes at religious and cultural activities. Karia and all local Suppliers reserve the right to remove you from any facility, hotel or resort property, if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other clients on any element of your event or offering, or interferes with the operation or security of the places we visit. In any such case, there will be no refund.
When you book with Karia, you accept responsibility for any damages or losses caused by you. Full payment for any such damage or loss must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (including attorneys’ fees and other legal costs) made against us because of your conduct. We are not responsible for any costs incurred concerning a guest removed from a event, or any portion of an event. You agree not to hold Karia or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the participant.
Any transportation, possession or use of illegal drugs will result in immediate termination of your event participation. You are responsible for knowing and observing the licensing laws for drug possession (including prescription and over the counter drugs) for all countries and states you are visiting. Laws may require you to carry a prescription from your doctor.
Smoking is not allowed in any events or offerings provided by Karia. Smoking includes cigarettes, e-cigarettes, cigars, e-cigars, or any other smoking or vaping device. You are responsible to abide by and adhere to Service Provider's terms & conditions, including as they relate to smoking. This includes, but is not limited to, smoking only in designated smoking areas.
Weapons are not permitted in any Karia events or offerings. This includes firearms, knives, mace or pepper spray, and weapons of any other type.
13. CONTRACTED ACCOMMODATIONS
Hotels and accommodations may be listed as part of the event, but Karia reserves the right to substitute alternative accommodations if necessary. Karia will use its best efforts to secure comparable accommodations. No refunds are provided for hotel or accommodation changes. If you wish to cancel your reservation because of a hotel or accommodation change, full cancellation fees apply.
Air-conditioning in hotels or accommodations is not guaranteed, and its availability depends on local and national laws/regulations. Though hotels or accommodations may have air-conditioning as a listed amenity, its usage is often unavailable at night or in the off-season. Karia has no control over air-conditioning at hotels.
Karia does not secure early check-in (unless specifically noted in an itinerary). Check-in times vary worldwide and are solely at the discretion of the hotel or accommodation. At your discretion, you may inquire about early check-in when you arrive and pay the hotel or accommodation directly for this service.
It may not be possible to earn loyalty points for hotel or accommodation reservations on your itinerary. Hotel rewards/points cannot be redeemed with hotels or accommodation used by Karia.
Karia contracts a variety of rooms and accomodations depending on traveller needs. Assignment of rooms is at the accommodation’s discretion and not controlled by Karia. Single supplements may ensure your own room but not the number of beds in a room. Single rooms are generally smaller in size and may be less conveniently located.
14. LIMITATION ON LIABILITY
The event participant agrees that Karia shall not be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any Supplier providing services, or any other person.
Air carriers, accommodations, and other Suppliers providing services are independent third-party contractors and are not agents, employees, servants, or joint ventures of Karia or its affiliates.
From time-to-time, and for the purpose of identifying those Suppliers as the provider of a component or part of an event or offering, some Suppliers may utilize Karia’s name on promotional media, signage, or attire. Although you may see Karia name on vehicles, signs, apparel, or elsewhere during your event or offering, its use by Suppliers is solely for the purpose of identification and does not represent or signify in any way ownership, management, supervision, direction, or control, or the right to direct or control by Karia of services that are provided by the Suppliers, or of the employees, servants, or agents of the Suppliers.
All certificates and other Documents for services issued by Karia are subject to the Terms & Conditions specified by any of our Suppliers, which are available upon request, and to the laws of the countries in which the services are supplied.
15. RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
16. DISPUTE RESOLUTION
Any dispute between the event participant and Karia, directly or indirectly relating to the Terms and/or to the event undertaken, shall be first submitted to mediation in New York, New York, United States, before a mediator mutually agreed to by the parties.
New York law governs this contract and all proceedings arising out of or related to this agreement. Any action arising out of or related to these Terms and Conditions or the participation in the event reserved or undertaken hereunder, shall be brought only in the courts of the New York County County, New York, United States. All event and offering participants agree that New York, New York shall be the sole and exclusive venue for any such action and hereby consent to the jurisdiction of the New York, New York courts for such action.
Any claim against Karia must be brought within 12 months after the date of the completion of the trip and not later. Neither the parties nor any affiliate of Karia shall in any case be liable for damages other than compensatory damages, and the parties hereby waive any right to claim punitive or exemplary damages. The parties further agree that claims may be brought by parties only in their individual capacities and not as plaintiffs or class members in any class action, proposed or purported class action, or other representative action, regardless of the type of proceeding. The parties expressly agree to waive and forego any and all rights to bring any such class actions, purported or proposed class actions, or representative actions.
17. GENERAL
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced in these Terms) constitute the entire agreement between the Client and Karia with respect to bookings made with Karia by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and Karia with respect to communications with Karia. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.